The Public Land Survey The Public Land Survey System GIS Framework:System GIS Framework:

How it applies to Surveyors, How it applies to Surveyors, Assessors, Recorders and the general Assessors, Recorders and the general

publicpublic

Lorraine Wright, IDEM and IGIC Geodetic Workgroup Co-ChairGary Kent, The Schneider Corporation

IGIC GIS Conference - March 13, 2007

The Public Land Survey System (PLSS) The Public Land Survey System (PLSS) Legal or GIS FrameworkLegal or GIS Framework

Legal PLSS Legal PLSS Based on law and the original PLSS Based on law and the original PLSS A PLSS corner location is represented by a A PLSS corner location is represented by a

monument or marker in the groundmonument or marker in the ground Laws changed over time and so did the Laws changed over time and so did the

boundariesboundaries Boundaries, deeds, and parcel descriptions Boundaries, deeds, and parcel descriptions

are based on PLSS corner locations are based on PLSS corner locations Only Licensed Surveyors can define Legal Only Licensed Surveyors can define Legal

coordinates for the PLSS corners coordinates for the PLSS corners

PLSS FrameworkPLSS Framework Legal or GIS Legal or GIS

GIS PLSS Framework GIS PLSS Framework Few Legal coordinates exist Few Legal coordinates exist

What is needed to get Legal coordinates? What is needed to get Legal coordinates?

Work with the surveying community Work with the surveying community

Work with the County Surveyor to develop a plan to Work with the County Surveyor to develop a plan to get Legal coordinates when the corners are get Legal coordinates when the corners are perpetuatedperpetuated

PLSS FrameworkPLSS Framework Legal or GISLegal or GIS

GIS PLSS Framework GIS PLSS Framework Create a way to identify all PLSS corners state-wide Create a way to identify all PLSS corners state-wide

graphicallygraphically

Tie Card Pilot ProjectTie Card Pilot Project Grid points represent approximate corner locations Grid points represent approximate corner locations

• Points cannot be used for legal purposesPoints cannot be used for legal purposes County Surveyor public records for three counties County Surveyor public records for three counties

were scanned and linked to Grid pointswere scanned and linked to Grid points

Web Based - Tie Card ProjectWeb Based - Tie Card Project

PLSS FrameworkPLSS Framework Legal or GISLegal or GIS

GIS PLSS FrameworkGIS PLSS Framework The implementation of County legal The implementation of County legal

requirements can affect the creation and requirements can affect the creation and accuracy of a GIS PLSS Framework by:accuracy of a GIS PLSS Framework by: SurveyorsSurveyors AssessorsAssessors RecordersRecorders

Resulting implementation of requirements can Resulting implementation of requirements can then affect the Property Ownerthen affect the Property Owner

Gary R. KentGary R. Kent

Director, Integrated Services Director, Integrated ServicesThe Schneider CorporationThe Schneider Corporation

What you need to know about surveying What you need to know about surveying and the Legal PLSSand the Legal PLSS

The Public Land Survey System The Public Land Survey System GIS Framework:GIS Framework:

Overview of some of the Assessor and Overview of some of the Assessor and Recorder requirements Recorder requirements

Overview and demonstration of the Tie Overview and demonstration of the Tie Card ProjectCard Project

PLSS FrameworkPLSS Framework Legal or GISLegal or GIS

GIS PLSS FrameworkGIS PLSS Framework The implementation of County legal The implementation of County legal

requirements can affect the creation and requirements can affect the creation and accuracy of a GIS PLSS Framework by:accuracy of a GIS PLSS Framework by: SurveyorsSurveyors AssessorsAssessors RecordersRecorders

Resulting implementation of requirements can Resulting implementation of requirements can then affect the Property Ownerthen affect the Property Owner

County AssessorCounty Assessor

Countywide equalizationCountywide equalization Select and maintain a county wide Select and maintain a county wide

computer systemcomputer system Certify gross assessmentsCertify gross assessments Discover omitted propertyDiscover omitted property

Requirements by Law, IC 36-2-15Requirements by Law, IC 36-2-15

AssessorAssessor

Calculates the assessed value of all real Calculates the assessed value of all real property in each taxing district.property in each taxing district.

Calculates the total assessed value of Calculates the total assessed value of each taxing district.each taxing district.

Listed on Hendricks County Assessor websiteListed on Hendricks County Assessor website

RecorderRecorder

Records: Records: Deeds for real estateDeeds for real estate Mortgages on real estateMortgages on real estate Affidavit; recording in miscellaneous records; Affidavit; recording in miscellaneous records;

record as prima facie evidencerecord as prima facie evidence•           An affidavit that:An affidavit that:

        (1) concerns the birth, marriage, death, name,         (1) concerns the birth, marriage, death, name, residence, identity, or relationship of any of the parties residence, identity, or relationship of any of the parties named in an instrument affecting real property;named in an instrument affecting real property;

Required by Law, IC 36-2-11Required by Law, IC 36-2-11

Environmental Restrictive Environmental Restrictive CovenantCovenant

Questions?Questions? Miscellaneous Records - Are these files searched when Miscellaneous Records - Are these files searched when

properties are sold or when title searches are done?properties are sold or when title searches are done?

Are all Environmental Notices/Environmental Restrictive Are all Environmental Notices/Environmental Restrictive Covents and deed restrictions recorded in the County Covents and deed restrictions recorded in the County Recorder’s office?Recorder’s office?

How does a property owner know if there are How does a property owner know if there are Environmental Notices/Environmental Restrictive Environmental Notices/Environmental Restrictive Covenants, deed restrictions, or liens associated with a Covenants, deed restrictions, or liens associated with a property of interest?property of interest?

How does the prospective property owner know all the How does the prospective property owner know all the information they need before considering a property information they need before considering a property purchase? purchase?

What you need to knowWhat you need to know

Cadastral (parcel) GIS layers Cadastral (parcel) GIS layers shouldshould be tied to be tied to surveyed PLSS section corners (surveyed by surveyed PLSS section corners (surveyed by licensed surveyors)licensed surveyors)

When the parcel boundaries are tied to PLSS When the parcel boundaries are tied to PLSS section corners the parcel boundaries and lot section corners the parcel boundaries and lot lines may not fit together nicely (that is reality)lines may not fit together nicely (that is reality)

Parcel measurements from a Cadastral GIS Parcel measurements from a Cadastral GIS map (parcel layer) should not be used for a legal map (parcel layer) should not be used for a legal boundary or property line interpretationsboundary or property line interpretations

What you need to KnowWhat you need to Know(cont.)(cont.)

Need mechanism for cross referencing all Need mechanism for cross referencing all data sources by geography (GIS)data sources by geography (GIS) Need Legal PLSS Corner coordinates so we are all Need Legal PLSS Corner coordinates so we are all

working from the same framework working from the same framework 2005 Aerial Orthophotography - based on 2005 Aerial Orthophotography - based on

limited number of Legal PLSS cornerslimited number of Legal PLSS corners Deeds define geography – measured from Deeds define geography – measured from

Legal PLSS cornersLegal PLSS corners Parcels are defined by deeds and should Parcels are defined by deeds and should

relate to Legal PLSS cornersrelate to Legal PLSS corners Addresses relate to parcelsAddresses relate to parcels

What you need to knowWhat you need to know(cont)(cont)

The Surveyor, Assessor and the Recorder are dealing The Surveyor, Assessor and the Recorder are dealing with requirements that are based on the fundamental with requirements that are based on the fundamental Public Land Survey System (PLSS)Public Land Survey System (PLSS)

Counties need to develop a plan so that when section Counties need to develop a plan so that when section corners are perpetuated the Surveyor will be able to corners are perpetuated the Surveyor will be able to collect a Legal coordinate at the same time. This will collect a Legal coordinate at the same time. This will require an additional cost, but if the coordinate is require an additional cost, but if the coordinate is collected at the same time the corner is perpetuated, it collected at the same time the corner is perpetuated, it will actually save money.will actually save money.

County Office’s need to work together to develop a plan County Office’s need to work together to develop a plan so that their GIS system can be based on the Legal so that their GIS system can be based on the Legal coordinates coordinates

What you need to knowWhat you need to know(cont)(cont)

Tax and property evaluations relate to parcels and Tax and property evaluations relate to parcels and structures on the parcelsstructures on the parcels

Property restrictions and Institutional Controls Property restrictions and Institutional Controls May apply to the entire parcel or a subset of a parcel and May apply to the entire parcel or a subset of a parcel and

that is defined by geography (measured from Legal PLSS that is defined by geography (measured from Legal PLSS corner)corner)

Need the Legal PLSS framework – so all data can be Need the Legal PLSS framework – so all data can be related across:related across:

LocalLocal CountyCounty StateState FederalFederal Private groupsPrivate groups

IGIC Geodetic Workgroup GoalsIGIC Geodetic Workgroup Goals

Develop a Geodetic GIS Framework Layer Develop a Geodetic GIS Framework Layer based on Surveying informationbased on Surveying information Wanted coordinates state-wide Wanted coordinates state-wide Found most Geodetic coordinates are housed at the Found most Geodetic coordinates are housed at the

National Geodetic Survey (NGS) National Geodetic Survey (NGS)

Develop a GIS PLSS Framework based on Develop a GIS PLSS Framework based on surveying information (Legal coordinates)surveying information (Legal coordinates) Legal coordinates were not available so we set out to Legal coordinates were not available so we set out to

develop a product that would be beneficial to citizens, develop a product that would be beneficial to citizens, and both the Surveying and GIS communityand both the Surveying and GIS community

IGIC – Geodetic WorkgroupIGIC – Geodetic Workgroupworked with Surveying worked with Surveying

communitycommunity

ParticipantsParticipants Indiana Geographic Information CouncilIndiana Geographic Information Council

(IGIC members – federal, state, county, local, (IGIC members – federal, state, county, local, private)private)

Indiana Society of Professional Land Surveyors Indiana Society of Professional Land Surveyors (ISPLS)(ISPLS)

Office of the Indiana State Geodetic AdvisorOffice of the Indiana State Geodetic Advisor Indiana County Surveyors AssociationIndiana County Surveyors Association Private CompaniesPrivate Companies Indiana Geological SurveyIndiana Geological Survey

Planning for Legal PLSS Planning for Legal PLSS CoordinatesCoordinates

Draft document: Discussion Paper for Draft document: Discussion Paper for Developing a Strategy for Collecting Developing a Strategy for Collecting Surveyed (Legal) Coordinates for the Surveyed (Legal) Coordinates for the PLSS corners, state-wide - February 8, PLSS corners, state-wide - February 8, 2006 2006

Posted on IGIC website/Committees/Posted on IGIC website/Committees/ Geodetic Workgroup/ Meeting Minutes Geodetic Workgroup/ Meeting Minutes

February 8, 2006February 8, 2006

Specifications for Legal PLSS Specifications for Legal PLSS CoordinatesCoordinates

There are no State mandated accuracy There are no State mandated accuracy requirements for collecting (legal) coordinates requirements for collecting (legal) coordinates for Perpetuated Corners for Perpetuated Corners

A standardized minimum accuracy requirement A standardized minimum accuracy requirement would be needed for collecting coordinates for would be needed for collecting coordinates for Perpetuated Corners, if a state-wide initiative Perpetuated Corners, if a state-wide initiative moves forward. This would assure a type of moves forward. This would assure a type of quality control for the Legal coordinatesquality control for the Legal coordinates

Tie Card Pilot ProjectGIS Framework Layer

Process for combing County Tie Cards Process for combing County Tie Cards into a statewide system into a statewide system (voluntary participation)(voluntary participation)

A Tie Card is a scanned image of a A Tie Card is a scanned image of a County’s Public Land Survey System County’s Public Land Survey System Corner Description (how to find the marker Corner Description (how to find the marker or monument)or monument)

1. Develop a Statewide File Naming Convention

Surveyors might describe a Public Land Survey Section corner as the NE corner, NW 1/4, SE1/4, Section 03,T23N, R06W

Different Counties have different corner naming conventions for the corners

Needed a way to link different data together

1. Develop a Statewide File Naming Convention (cont)

Statewide naming convention IN02_T23NR06E03_08 Computer File Name will include – (example) State Name and Principal Meridian – IN02 Township number - T23 Township direction – N Range number – R06 Range direction – E Section – 03 Grid Number – 08 (Grid numbering system begins

with 00 in upper left hand of section and ends in 80, bottom right corner)

2. Develop a GRID Point GIS Layer (cont)

The Grid Point GIS layer (developed for the project by Brian Wood) was computer generated using the GIS section boundary layer (developed by IGS)

Each point is named with the state-wide naming convention

Bartholomew Co. IN02_T9NR5E (sections 1-36)

Computer generatedGrid Points in Section 36

Grid

Points

for a section

Bartholomew Co. IN02_T9NR5E36

Sections are 1 mile by 1 mile

Grid Points showing

approximate locations of

Original 8 PLSS Corners

and Center

3. Develop the Renaming Software

Tie Card Renaming Software (created by Brian Wood, Paul I. Cripe)

Created to aid in viewing the scanned Tie Cards, while renaming the Card with the state-wide naming convention

Creates a database in the background with the entry of key elements from the scanned Tie Card

Tie Card Renaming Software(created by Brian Wood, Paul I. Cripe)

Lorraine Wright, 3/13/07

4. Create a Geographic Information System (GIS) Tie Card Layer

Link the Grid Point layer to the database (created after using the renaming software)

5. Bartholomew County - Click on Grid Point and the Tie Card pops up Section 20. T9NR5E, Second Principal

Meridian Grid Points, Bartholomew Co.

6. Scanned Tie Card pops up when you click on the point

7. Create a website to provide easy access to Tie Card Project:IGS is hosting the Tie Card Layer

8. Disclaimer added to inform the public of use restrictions

Metadata file available for the Tie Card Layer also includes use restrictions

9. Tools added to make it easy to search (IGS)

Zoom to County, location or area Enter the Township, Range and Section Use the identify tool to click on the Corner of

interest The Tie Card pops up Print the document

Tie Card Project on the WebTie Card Project on the Web

The IGS website contains many state-wide The IGS website contains many state-wide GIS layers GIS layers

Tie Card Project is create by the user by Tie Card Project is create by the user by turning on a minimum 4 GIS layersturning on a minimum 4 GIS layers Landsurvey - Sections Landsurvey - Sections Landsurvey - TownshipLandsurvey - Township Surveyor - Tie CardsSurveyor - Tie Cards Aerial Photos 2005Aerial Photos 2005

Scroll to the bottom and click on the map

Live DemoLive Demo

ConclusionsConclusions

The Tie Card Pilot Project The Tie Card Pilot Project Three County Tie Card Layers are complete and in Three County Tie Card Layers are complete and in

maintenancemaintenance 23 Counties are interested in or are currently 23 Counties are interested in or are currently

participatingparticipating Looking at ways to link to County Tie Card information Looking at ways to link to County Tie Card information

that is already online that is already online The project has no financial support The project has no financial support The project is a result of public and private volunteers The project is a result of public and private volunteers

working toward a common and beneficial goal for the working toward a common and beneficial goal for the State of IndianaState of Indiana

Need staff and financial support to complete the Need staff and financial support to complete the projectproject

ConclusionsConclusions(cont)(cont)

Legal coordinates for PLSS cornersLegal coordinates for PLSS corners All levels of government and the private sector All levels of government and the private sector

need to work together to develop a plan to need to work together to develop a plan to collect Legal coordinates for all the PLSS collect Legal coordinates for all the PLSS cornerscorners

This is needed so that all other GIS information This is needed so that all other GIS information can be linked together using the Legal PLSS can be linked together using the Legal PLSS corner coordinates benefiting the Surveying corner coordinates benefiting the Surveying community and citizenscommunity and citizens

If we don’t begin planning, we are just If we don’t begin planning, we are just prolonging what will eventually become a prolonging what will eventually become a necessitynecessity

ConclusionConclusion

Local, County, State, and Federal Cooperation Local, County, State, and Federal Cooperation County Surveyors, Assessors and Recorders can begin County Surveyors, Assessors and Recorders can begin

planning or continue to plan on ways to link information planning or continue to plan on ways to link information geographically while meeting their legal requirementsgeographically while meeting their legal requirements

Local, County, State, and Federal agencies need to work Local, County, State, and Federal agencies need to work together to help achieve common goals for their own together to help achieve common goals for their own organizations while at the same time working toward organizations while at the same time working toward common goals that benefit Indianacommon goals that benefit Indiana

All levels of government need to share their data All levels of government need to share their data because we are all dealing with the same geographybecause we are all dealing with the same geography

Geodetic Control WorkgroupGeodetic Control Workgroup

www.igic.org http://www.in.gov/igic/committees/geodetic.html

Lorraine WrightLorraine Wright

Indiana Department of Indiana Department of Environmental ManagementEnvironmental Management

andand

Indiana Geographic Information CouncilIndiana Geographic Information Council(317)234-0618(317)234-0618

lwright@idem.IN.govlwright@idem.IN.gov

The Public Land Survey System GIS Framework for Indiana

IGIC

Indianapolis, Indiana

March 13, 2007

The U.S. Public Land Survey System

The U.S. Public Land Survey System

The U.S. Public Land Survey System

The U.S. Public Land Survey System

Section CornersAn Existent Corner is one whose position can be identified by verifying the evidence of the monument, or its accessories, by reference to the description that is contained in the field notes, or where the point can be located by acceptable supplemental survey record, some physical evidence or testimony. Existent corners cannot be disturbed or moved.

Section CornersAn Obliterated Corner is one at whose point there are no remaining traces of the monument, or its accessories, but whose location has been perpetuated, or the point for which may be recovered beyond reasonable doubt, by the acts and testimony of the interested landowners, competent surveyors, or other qualified local authorities, or witnesses, or by some acceptable record evidence.

Section Corners

A Lost Corner is a point of a survey whose position cannot be determined, beyond reasonable doubt, either from traces of the original marks or from acceptable evidence or testimony that bears upon the original position, and whose location can be restored only by reference to one or more interdependent corners.

Public Land Survey Issues

• When were your original surveys?• Tiffin’s Instructions – 1816• Instructions – 1833, 1850, 1855, 1871, 1881, 1890, 1894, 1902, 1930, 1947, 1973• What were your original monuments?• Wood Posts, Stones, mounds, etc.• Closing Corners

Section Corners

Out of the +/-100,000 original corners in Indiana, how many are existent (i.e. properly perpetuated and referenced)?

15-20%?How many of those have state plane coordinates associated with their locations? 30% (15-20)?

5% of the totalWhat can be Done?!

What impact does this lack of documented

corners have?

• Uncertain reference monuments

• Conflicting reference monuments

• Indeterminate reference monuments

Section Corners

What are the current Laws and Regulations regarding

perpetuation of public land survey corners in Indiana?

IC 36-2-12-11 - County Surveyors StatuteAdministration of section; maintenance of corner record book;

contents of record; procedure for establishment and perpetuation of corners    

Sec. 11. (a) The surveyor shall administer this section if the surveyor is registered as a land surveyor under IC 25-21.5. If the surveyor is not registered, the surveyor shall, with the approval of the county executive, appoint a person who is registered as a land surveyor and is a resident voter of the county to administer this section. If a resident, registered land surveyor is not available, a land surveyor who resides in another county may be employed.     (b) The surveyor shall keep and maintain a corner record book, that must contain:        (1) a record and an index by location of all the original government survey corners;        (2) outline maps of each section, grant, tract, and subdivision or group of sections, grants, tracts, and subdivisions in the county showing the location of each corner on record and stating at the location of each corner on the map where the reference for that corner may be found; and        (3) a reference index for each corner.A separate card index system may be used in lieu of the index required by subdivision (3).   

     (c) The record of each corner referenced in the record book must contain:        (1) the location of the corner;        (2) an accurate description of the monument used to mark the corner such as "stone" or "iron pin";        (3) the distance and bearings from the corner to three (3) or more permanent objects or structures;        (4) the date the corner was last checked and the condition of the monument and references;        (5) the name of the surveyor making the check; and        (6) the method of establishing or relocating the corner.     (d) The records of the corners shall be established and perpetuated in the following manner:        (1) Each year the surveyor shall check and reference at least five percent (5%) of all corners shown in the corner record book.        (2) The surveyor may enter in the surveyor's corner record book the findings submitted by a private land surveyor who checks and references corners and is registered under IC 25-21.5.     (e) Any money in the county surveyor's corner perpetuation fund collected under IC 36-2-7-10 or IC 36-2-19 may be appropriated in the manner provided by law for the purposes of this section.

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.342-1983, SEC.2; P.L.76-1989, SEC.2; P.L.23-1991, SEC.35.

865 IAC 1-12-30 Section corner perpetuation

Sec. 30. (a) This section outlines the procedures and requirements for registered land surveyors when perpetuating the location of original public land survey or grant corners. As used in this section, “grant” means a subdivision, parcel, or tract of land that existed, or the parent tract of which existed, prior to the commencement of the United States Public Land Survey adjoining such subdivision, parcel, or tract.

(b) The purported location of an original public land survey or grant corner as referenced by the county surveyor of the county in which the corner exists is prima facie evidence of that corner’s location. The registered land surveyor’s responsibility with regard to the use of or need for original public land survey corners or grant corners in association with an original or retracement survey is not met by merely contacting the county surveyor.

(c) If the:

(1) location of an original public land survey or grant corner is not monumented and referenced by the county surveyor in accordance with Indiana Code 36-2-12; or

(2) registered land surveyor discovers evidence, or otherwise has reason to believe, that a monument purporting to mark the location of an original public land survey or grant corner is not in the proper location;

and if that corner is necessary for purposes of conducting an original, retracement, or route survey as defined in this rule, the registered land surveyor shall contact the county surveyor and perpetuate that corner’s location in accordance with this section if the county surveyor is unable to perpetuate the corner in the time frame required by the registered land surveyor.

(d) A registered land surveyor shall perpetuate the location of an original public land survey or grant corner by gathering evidence that may assist in determining the original location of that corner. This evidence includes, but is not limited to, the following:(1) Copies of:

(A) The original public land survey field notes and plat or transcribed copies of same.

(B) Deeds and plats that reference the location of the corner.(C) Historic survey records, road, street, highway, and bridge plans,

corner records, recorded surveys and other relevant information from the county surveyor, county recorder or other county, state and municipal offices.

(D) Current or historic aerial photographs.(E) Records from private surveyors who practice or used to practice in

the vicinity of the corner.(2) Parol evidence from knowledgeable landowners or others who may have information relating to the corner.(3) The field location of:

(A) Fences.(B) Walls.(C) Roadways.(D) Survey markers.(E) Tree lines.(F) Other lines of possession.(G) Interrelated or nearby section corners, quarter section corners,

quarter-quarter corners, or other aliquot corner of a section, and corners of common report.

(e) After evaluating and weighing the evidence outlined in subsection (d), the registered land surveyor shall do the following:(1) Apply appropriate theory of location to determine the probable locations of the corner. (2) Excavate or otherwise determine if there is a subsurface monument in those locations unless, in the registered land surveyor’s opinion, there is no substantial possibility of:

(A) a corner stone; or (B) other historical survey monument;

being found in those locations. Examples of such situations include, but are not limited to, corner locations that fall in concrete highways, in areas where other excavations have previously taken place, such as, for culverts or sewers, or in areas of substantial cut or fill, such as, for interstate highway overpasses or underpasses. Before excavating, the registered land surveyor shall notify the appropriate jurisdictional agencies.

(f) If, as a result of the corner investigation:(1) a corner stone;(2) historical survey monument; or (3) other evidence; is found marking the corner, the registered land surveyor shall remonument and reference the corner if necessary to facilitate its recovery by other surveyors.

(g) If, after excavating or otherwise conducting subsurface investigations of the probable locations outlined in subsection (e), a corner stone, historical survey monument, or other evidence of the corner is not found, the registered land surveyor shall do the following:(1) Establish the location of the corner:

(A) based on the best available evidence; and (B) in accordance with procedures for lost or obliterated corners

outlined in or authorized by the United States Code in 43 U.S.C. 751, 43 U.S.C. 752, and 43 U.S.C. 753, which are hereby incorporated by reference. (2) Monument that location.

(h) If the corner was perpetuated for use on an original, retracement or route survey, the registered land surveyor shall do the following:(1) Describe and reference the monument in such a manner that facilitates its recovery by other surveyors. (2) Document the following:

(A) The chain of history of the corner to the best of his or her knowledge.

(B) The evidence found and weighed.(C) The search area or areas.(D) The theory of location applied in re-establishing the corner.(E) Other relevant information regarding the perpetuation of the

corner in the surveyor’s report or on the plat of survey, or both.(3) Provide a copy of the surveyor’s report and plat of survey to the county surveyor.

How can these corners be perpetuated collaboratively in support of State and Local GIS Activities and

Goals?

From the Indiana Code Sec. 11. (a) The surveyor shall administer this section if the surveyor is registered as a land surveyor under IC 25-21.5. If the surveyor is not registered, the surveyor shall, with the approval of the county executive, appoint a person who is registered as a land surveyor and is a resident voter of the county to administer this section. If a resident, registered land surveyor is not available, a land surveyor who resides in another county may be employed.

NCEES – Model Rule defining Practice of Surveying

4. Practice of Surveying – The term “Practice of Surveying,” within the intent of this Act, shallmean providing, or offering to provide, professional services using such sciences as mathematics, geodesy, and photogrammetry, and 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, descriptions, or projects. Professional services include acts of consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any one or more of the following:

NCEES -National Council of Examiners for Engineers and Surveyors

a. Determining by measurement the configuration or contour of the earth’s surface or the position of fixed objects thereon.

b. Determining by performing geodetic surveys the size and shape of the earth or the position of any point on the earth.

c. Locating, relocating, establishing, reestablishing, or retracing property lines or boundaries of any tract of land, road, right of way, or easement.

d. Making any survey for the division, subdivision, or consolidation of any tract(s) of land.

e. Locating or laying out alignments, positions, or elevations for the construction of fixed works.

f. Determining, by the use of principles of surveying, the position for any survey monument (boundary or non-boundary) or reference point; establishing or replacing any such monument or reference point.

g. Creating, preparing, or modifying electronic or computerized or other data, relative to the performance of the activities in the above described items a. through f.

Any person shall be construed to practice or offer to practice surveying, within the meaning and intent of this Act, who engages in surveying or who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents themselves to be a professional surveyor, through the use of some other title implies that they are able to perform, or who does perform any surveying service or work or any other service designated by the practitioner which is

recognized as surveying.

210.25 Inclusions and Exclusions of Surveying Practice

A. Activities Included within Surveying Practice Activities that must be accomplished under the responsible charge of a professional surveyor (unless specifically exempted in Section B on the next page) include, but are not limited to, the following:

1. The creation of maps and georeferenced databases representing authoritative locations for boundaries, the location of fixed works, or topography. This includes maps and georeferenced databases prepared by any person, firm, or government agency where that data is provided to the public as a survey product.

2. Original data acquisition, or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within the following data themes:

geodetic control, orthoimagery, elevation and hydrographic, fixed works, private and public boundaries, and cadastral information.

3. Certification of positional accuracy of maps or measured survey data.

4. Adjustment or authoritative interpretation of raw survey data.

5. Geographic Information System (GIS) - based parcel or cadastral mapping used for authoritative boundary definition purposes wherein land title or development rights for individual parcels are, or may be, affected.

6. Authoritative interpretation of maps, deeds, or other land title documents to

resolve conflicting data elements.

7. Acquisition of field data required to authoritatively position fixed works or

cadastral data relative to geodetic control.

8. Analysis, adjustment or transformation of cadastral data of the of the parcel layer(s) with respect to the geodetic control layer within a GIS resulting in the affirmation of positional accuracy.

B. Activities Excluded from Surveying Practice

A distinction must be made in the use of electronic systems between making or

documenting original measurements in the creation of survey products, versus the copying, interpretation, or representation of those measurements in such systems. Further, a distinction must be made according to the intent, use, or purpose of measurement products in electronic systems to determine a definitive location versus the use of those products as a locational reference for planning,

infrastructure management, and general information.

The following items are not to be included as activities within the definition of surveying:

1. The creation of general maps:a. Prepared by private firms or government agencies for use as

guides to motorists, boaters, aviators or pedestrians;b. Prepared for publication in a gazetteer or atlas as an educational

tool or reference publication;c. Prepared for or by education institutions for use in the curriculum of

any course of study;d. Produced by any electronic or print media firm as an illustrative

guide to the geographic location of any event; e. Prepared by laypersons for conversational or illustrative purposes.

This includes advertising material and users guides.2. The transcription of previously georeferenced data into a GIS or LIS bymanual or electronic means, and the maintenance thereof, provided the dataare clearly not intended to indicate the authoritative location of propertyboundaries, the precise definition of the shape or contour of the earth, and/or theprecise location of fixed works of humans.3. The transcription of public record data, without modification except for graphical purposes, into a GIS- or LIS-based cadastre (tax maps and associated records) by manual or electronic means, and the maintenance of that cadastre, provided the data are clearly not intended to authoritatively represent property boundaries. This includes tax maps and zoning maps.

4. The preparation of any document by any federal government agency that does not define real property boundaries. This includes civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other such documents.

5. The incorporation or use of documents or databases prepared by any federal agency into a GIS/LIS, including but not limited to federal census and demographic data, quadrangle topographic maps, and military maps.

6. Inventory maps and databases created by any organization, in either hard-copy or electronic form, of physical features, facilities, or infrastructure that are wholly contained within properties to which they have rights or for which they have management responsibility. The distribution of these maps and/or databases outside the organization must contain appropriate metadata describing, at a minimum, the accuracy, method of compilation, data source(s) and date(s), and disclaimers of use clearly indicating that the data are not intended to be used as a survey product.

7. Maps and databases depicting the distribution of natural resources or phenomena prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to document such

data.

8. Maps and georeferenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute. This includes georeferenced data generated by law enforcement agencies involving crime statistics and criminal activities.

The Schneider Corporation

The Schneider CorporationHistoric Fort Harrison8901 Otis AvenueIndianapolis, IN 46216Phone - 317.826.7100Fax - 317.826.7200contact@schneidercorp.com

Gary R. Kent

Director, Integrated Services

phone 317/826-7134

fax 317/826-7110

gkent@schneidercorp.com