Relates to the practice of land surveying

Summary of provisions

Section 1 of the bill amends Education Law Section 7203 to define the practice of land surveying as practicing that branch of the engineering profession and applied mathematics with includes the application of rules and regulations in accordance with local requirements incidental to subdivisions for the correct determination, description, conveying and recording thereof or for the establishment or reestablishment thereof, providing or offering to provide professional services utilizing such sciences as mathematics, geodesy and photogrammetry, defined as the science or art of obtaining reliable measurements through the use of aerial photography and/or other active or passive sensor-based remote sensing technologies, involving both(1) the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on or below the earth and (2) providing, utilizing or developing the same into survey products such as graphics, data, maps, plans, reports, specifications, descriptions and projects including those in furtherance of the safeguarding of life, health, safety, welfare and property of the public.

Professional services would include acts of consultation, investigation, evaluation, providing expert technical testimony, planning, mapping, assembling, estimating, designing, supervision and interpreting gathered measurements and information.

Section 2 of the bill amends Education Law Section 7206-a(2) to include an Associate's degree along with eight years of practical experience in work satisfactory to the board as an alternative for obtaining a license in lieu of the degree and experience requirements.

Section 3 of the bill amends Education Law Section 7208 to add new subdivisions (q). Subdivision (q) defines the practice of photogrammetry as the science or art of obtaining reliable measurements through the use of aerial photography and/or other active or passive sensor-based remote sensing technologies, except that any geodetic survey to establish control points necessary to derive accurate measurements from the imagery must be made by a licensed land surveyor. Any determination of topography or contours, or depiction of physical improvements, utilizing photogrammetric methods or other remote sensing technology by persons not licensed as a land surveyor pursuant to this article, shall not establish any boundary monumentation or boundary metes and bounds, not provide any measurement showing the relationship of any physical improvements to any property line or boundary and all such products reliant thereon must include a notification that states, "This was not prepared under

the direct supervision of a licensed land surveyor and shall not be relied upon to establish boundary monuments or boundary metes and bound," Subdivision 9r) exempts certain activities from the profession of surveying and the creation of general maps for GIS purposes.

Justification

The practice of land surveying has evolved from the 1st statutory change in 1971 (Chapter 987). With the advent and use of new technologies such as Global Positioning Systems (GPS) that aid in the measurement, mapping and establishing of boundary lines, and other measurements of the earth's surface that are generally accepted as coming under the definition of the practice of land surveying, and, the availability and use of these same technological developments by members of the general public, it is essential that the statutory definition of land surveying reflect more clearly the practice of land surveying to be able to continue to protect the health and welfare of the public. The current definition remains outdated in light of the advancements in new technology including the development of Global Positioning Systems (GPS), and the use of Geographic information Systems (GIS). This legislation will more accurately classify the services traditionally provided by licensed professional land surveyors and reflect the changing nature of the profession that has resulted from these advances in technology. Additionally, the proposed enhanced definition preserves the surveyor's current exclusive authority to provide boundary line determinations but it also delineates other services the surveyor can perform that are not exclusive to its profession such as providing expert testimony, land planning, land use, environmental studies, mapping, assembling, estimation, designing supervision and interpreting gathered measurements and information. This clarification is needed to provide a more uniform interpretation of the surveyor's definition and provide a clear understanding of what services the surveyor can perform.

The proposed enhanced definition for land surveying reflects the recommended definition developed by the National Conference of Examiners for Engineering and Surveying (NCEES) and will provide the profession and the public a more clear and concise definition of the profession.

Legislative history

2011-12 S/4603.

Fiscal implications

None to the State

Effective date

Immediately with provisions.