Task Force on NCEES Model Task Force on NCEES Model Law for SurveyingLaw for Surveying

Jim Plasker

Task Force Facilitator

Report and Slides Available at

www.asprs.org

Task Force OrganizationsTask 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)

Task Force MembersTask Force Members

ACSM John Dailey (P)Cleveland, Ohio

David Gibson (A)Gainesville, Florida

ASCE Robert C. Burtch (A)Big Rapids, Michigan

Steven D. Johnson (A)West Lafayette, Indiana

MAPPS George Gross (P)Portland, Oregon

Mike Ritchie (P)Lexington, Kentucky

NSPS Al Matherly (P)Louisville, Kentucky

Greg Johnson (P)Marietta, Georgia

ASPRS Karen Schuckman (P)High Point, N. Carolina

Doug Fuller (P)Sheboygan, Wisconsin

Facilitator Jim Plasker (G/NP)Oak Hill, Virginia

1995 Model Law:1995 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:

1995 Model Law:1995 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.

1995 Model Law:1995 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.

1995 Model Law:1995 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.

1995 Model Law:1995 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.

1995 Model Law:1995 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).

Issues Addressed by Task ForceIssues Addressed by Task Force

Identity of the Profession

Education requirements

Examinations

Grandfathering

Issues Addressed by Task Force Issues Addressed by Task Force (cont)(cont)

Reciprocity/Comity

Exclusion of Practice

Continuing Education/Professional Development

GIS Community Issues?GIS Community Issues?

Breadth of Preamble Paragraph

Licensing: Practice v. Use of Tools

Regulatory Interest: High v. Low– North Carolina Guidelines

Entrance: Grandfather v. Exam

Task Force Status as of July 1999Task Force Status as of July 1999

Task Force Next to Address GIS Issues

Invitations Extended to:

- NSGIC

- UCGIS

- URISA

Addendum to Original Report Planned

NCEES Status as of July 1999NCEES Status as of July 1999Proposed Actions - Buffalo (1999)

– Assess Need for Discipline-Specific Examinations - Survey Member Boards

– Segregate “Geomatics” Clauses in Model Law Definition of Practice

– Reference use of GIS/LIS in Segregated Locations of Model Law

NCEES Status as of July 1999 NCEES Status as of July 1999 (cont)(cont)

Proposed Actions - Buffalo (1999)

– Provide for Jurisdiction-level Waiver of Examination on Land Surveying

– Reinforce Penalty Clauses for Practicing Outside Field of Expertise

Exclusion of PracticeExclusion of Practice

Regulatory Interest by Category

North Carolina Guidelines

Regulatory Interest LevelsRegulatory Interest Levels

High Interest Low Interest

ThemeDisplayed

Regulated resourcesaffecting property rights,property development,value of land, andboundaries.

Items of a resourcemanagement or inventorynature done for develop-ment of managementprograms/plans.

Base Data orTheme

Base layers such asparcels, roads, watercourses, contours,geodetic grids, geodeticcontrol, structures.

Theme data such asbotany, soils, otherresources, habitats thatare adjusted to baselayers.

Regulatory Interest Levels Regulatory Interest Levels (cont.)(cont.)

High Interest Low Interest

Use ofabsolutecoordinates

Publishing in state plane,latitude and longitude, UTMor other officially approvedcoordinate systems.

No published coordinatesor coordinate grids, or useof an assumed coordinatedatum.

PrimaryMeasure-ment vs.SecondaryMapping

Original view/original meas-urement (by conventionalground survey, aerial photo-grammetry, image mapping(the mapping part of remotesensing), or positioningsystems such as the GlobalPositioning System).

Mapping from archivalsources, data conversion,simple cartographic andimage manipulation.

Regulatory Interest Levels Regulatory Interest Levels (cont.)(cont.)

High Interest Low Interest

RelativeExpertise ofProducer vs.Receiver ofSpatial Data

Innocent funder orpurchaser of spatial datafrom a person/firmholding themselves out ashaving surveying/mappingexpertise.

Measurement andmapping within an agencyor firm for in-housepurposes where users arethe measurers.

Availabilityof Product orOutcome

Public Domain, innocentusers exist.

Private use, no directsecondary (innocent) user.

North Carolina Board GuidelinesNorth 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

North Carolina Guidelines North Carolina Guidelines (cont.)(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

North Carolina Guidelines North Carolina Guidelines (cont.)(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

North Carolina Guidelines North Carolina Guidelines (cont.)(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

North Carolina Guidelines North Carolina Guidelines (cont.)(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 Statue

- The following framework data should be developed under the supervision of a Professional Land Surveyor: Geodetic Control, Orthoimagery, Elevation, Transportation