Task Force on NCEES Model Law for Surveying

1. Task Force on NCEES Model Law for Surveying Karen Schuckman Task Force Member (ASPRS) Report and Slides Available at www.asprs.org

2. Task Force Organizations • American Congress on Surveying and Mapping (ACSM) • American Society of Civil Engineers - Geomatics Division (ASCE) • American Society for Photogrammetry and Remote Sensing (ASPRS) • Management Association for Private Photogrammetric Surveyors (MAPPS) • National Society of Professional Surveyors (NSPS)

3. Task Force Members

4. 1995/8 Model Law: (4)Practice of Land Surveying ‑ The term "Practice of Land Surveying" within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of land surveying includes, but is not limited to, any one or more of the following:

5. 1995/8 Model Law:Practice of Land Surveying includes… any one or more of the following: • (a)Locates, relocates, establishes, reestablishes, lays out, or retraces any property line or boundary of any tract of land or any road, right of way, easement, alignment, or elevation of any of the fixed works embraced within the practice of land surveying.

6. 1995/8 Model Law:Practice of Land Surveying includes… • (b) Makes any survey for the subdivision of any tract of land. • (c) Determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces any such monument or reference point.

7. 1995/8 Model Law:Practice of Land Surveying includes… • (d) Determines the configuration or contour of the earth’s surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.

8. 1995/8 Model Law:Practice of Land Surveying includes… • (e) Geodetic surveying which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry.

9. 1995/8 Model Law:Practice of Land Surveying includes… • (f) Creates, prepares, or modifies electronic or computerized data, including land formation (sic) systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (e).

10. Why should we be concerned? • exploding growth of the market • increased exposure of the public • increasing participation of the business investment interests historically unfamiliar with the mapping sciences • fuzzy distinction between products and services • some mapping activities beyond traditional land surveying clearly affect health, safety and welfare of the public

11. FOR MORE INFO... Issues Addressed by 1997 Task Force Report • Identity/Titling • Education requirements • Examinations • Grandfathering • Reciprocity/Comity • Exclusion of Practice • Continuing Education/Professional Development

12. FOR MORE INFO... NCEES Actions on 1997 Task Force Report • Grandfathering (1998) • Identity/Titling (1999) • Reciprocity/Comity (1999) • Examinations (in progress) • Exclusion of Practice (in progress) • Education requirements (long term) • Continuing Education/Professional Development (long term)

13. NCEES Status as of August 1999 • Endorsed Actions - Buffalo (1999) • Offer jurisdictions choice of title “Professional Land Surveyor” or “Professional Surveyor” • Segregate “geomatics” activities from boundary determination activities in model law definition of practice

14. NCEES Status as of August 1999 (cont) • Endorsed Actions - Buffalo (1999) • Provide for jurisdiction-level waiver of examination on land surveyingfor those who want to practice only in the areas of “geomatics” • Strengthen disciplinary action language for practicing outside areas of competence

15. Task Force Status as of August 1999 • Task Force next to address • definition of GIS activities • examination issues • Invitations extended to/accepted by: - NSGIC - UCGIS - URISA

16. GIS Community Issues • Breadth of Preamble Paragraph • Applicability of Licensing • Practice v. Use of Tools • Regulatory Interest: High v. Low • Entrance: Grandfather vs. Exam • Certification vs. Licensing

17. Exclusion of Practice • Definition vs. Exclusion • Regulatory Interest by Category • North Carolina Guidelines

18. North Carolina Board Guidelines • Not Regulated:- Common road maps … water or air navigation charts- Gazetteer or atlas- Maps prepared for... use in the curriculum- Maps produced by broadcast or print media- Transcription of existing geo-referenced data into GIS/LIS systems

19. North Carolina Guidelines (cont.) • Not Regulated:-Maps prepared by lay persons for conversational or illustrative purposes...including advertising material and users guides- Transcription of public record data into a cadastre, [including records] maintenance- [Mapping] by the Defense Mapping Agency or any other Federal ... agency that shows no property boundaries

20. North Carolina Guidelines (cont.) • Not Regulated:- Documents prepared by the US Census Bureau and documents or databases using census data- Maps and data bases created by … full time employees of [a] firm, of features that are wholly contained within [the firm’s] properties, so long as the data is held by that firm and is not made available to persons or firms or agencies outside that firm

21. North Carolina Guidelines (cont.) • Not Regulated:- Maps and data bases depicting the distribution of natural resources prepared by [other professionals] so long as any property boundaries … are either supplied by a professional land surveyor or transcribed from public deed or plat records- Maps and geo-referenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute

22. North Carolina Guidelines (cont.) • Regulated:- Maps and geo-referenced databases of any man-made or topographic feature by either terrestrial surveying methods, photogrammetric or GPS locations. This includes all base maps and data bases prepared by any person, firm, or government agency where that data is available to the public unless specifically exempted in the list above or by General Statute.

23. North Carolina Guidelines (cont.) • Regulated: - The following framework data should be developed under the supervision of a Professional Land Surveyor: • Geodetic Control • Orthoimagery • Elevation • Transportation

24. Task Force Status as of August 1999 • Task Force next to address: • further clarification of GIS activities • examination issues • Remaining Issues: • educational requirements • continuing education

25. Questions ? • Representation on state Boards • GIS certification • others?