71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 4125
A-Engrossed
House Bill 3944
Ordered by the House May 22
Including House Amendments dated May 22
Sponsored by Representative KAFOURY (at the request of
Professional Land Surveyors of Oregon)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Changes requirements for monuments of plat.
{ - Requires city or county to include declaration of
property line adjustment in property line adjustment procedure if
city or county uses procedure other than replatting to adjust
property lines. Prescribes requirements for declaration. - }
{ - Allows county surveyor to establish public land survey
corners using Oregon Coordinate System. - }
Expands definition of practice of land surveying.
A BILL FOR AN ACT
Relating to real property; amending ORS 92.060, 92.070, 209.250
and 672.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 92.060 is amended to read:
92.060. (1) { - The initial point of all plats shall be on
the exterior boundary of the plat and shall be marked with a
monument, either of concrete, galvanized iron pipe or an iron or
steel rod. If concrete is used it shall not be less than 6
inches by 6 inches by 24 inches and shall contain not less than
five cubic inches of ferrous material permanently imbedded in the
concrete. If galvanized iron pipe is used it shall not be less
than three-quarter inch inside diameter and 30 inches long, and
if an iron or steel rod is used it shall not be less than
five-eighths of an inch in least dimension and 30 inches
long. - } The location of { + one of + } the
{ - monument - } { + exterior monuments of a plat + }shall be
with reference by survey to a section corner, one-quarter corner,
one-sixteenth corner, Donation Land Claim corner or to a
monumented lot corner or boundary corner of a recorded
subdivision, partition or condominium plat. { - The county
surveyor may authorize the setting of another type of monument in
circumstances where setting the required monuments is
impracticable. - }
(2) In subdivision plats, the intersections, the beginning and
ending points, points of curves and points of tangents, or the
point of intersection of the curve if the point is within the
pavement area of the road, of the centerlines of all streets and
roads and all points on the exterior boundary where the boundary
line changes direction, shall be marked with monuments either of
concrete, galvanized iron pipe, or iron or steel rods. If
concrete is used it shall { - be as described in subsection (1)
of this section - } { + contain sufficient ferrous material to
be located magnetically + }. If galvanized iron pipe is used it
shall not be less than three-quarter inch inside diameter and 30
inches long, and if iron or steel rods are used they shall not be
less than five-eighths of an inch in least dimension and 30
inches long.
{ - The county - } { + A + } surveyor may { - authorize the
setting of - } { + place + } another type of monument in
circumstances where setting the required monuments is
impracticable.
(3) All lot and parcel corners except lot corners of cemetery
lots shall be marked with monuments of either galvanized iron
pipe not less than one-half inch inside diameter or iron or steel
rods not less than five-eighths inch in least dimension and not
less than 24 inches long. The surveyor may set another type of
monument in circumstances where setting the required monuments is
impracticable.
(4) Monuments shall be set with such accuracy that measurements
may be taken between monuments within one-tenth of a foot or
within one ten-thousandth of the distance shown on the
subdivision or partition plat, whichever is greater.
(5) All monuments on the exterior boundaries of a subdivision
shall be placed where changes in the direction of the boundary
occur and the monuments shall be referenced on the plat of the
subdivision before the plat of the subdivision is offered for
recording. However, the remaining monuments for the subdivision
need not be set prior to the recording of the plat of the
subdivision if the registered professional land surveyor
performing the survey work certifies that the remaining monuments
will be set on or before a specified date as provided in ORS
92.070 (2) and if the person subdividing the land furnishes to
the county or city by which the subdivision was approved a bond,
cash deposit, irrevocable letter of credit issued by an insured
institution as defined in ORS 706.008 or other security as
required by the county or city guaranteeing the payment of the
cost of setting the remaining monuments for the subdivision as
provided in ORS 92.065.
(6) All monuments on the exterior boundary and all parcel
corner monuments of partitions shall be placed before the
partition plat is offered for recording. Unless the governing
body provides otherwise, any parcels created that are greater
than 10 acres need not be surveyed or monumented.
(7) Except as provided in subsections (8) to (10) of this
section, an adjusted property line created by the relocation of a
common boundary as described in ORS 92.010 (7)(b) shall be
surveyed and monumented in accordance with subsection (3) of this
section and a survey, complying with ORS 209.250, shall be filed
with the county surveyor.
(8) Notwithstanding subsection (7) of this section, unless the
governing body of a city or county has otherwise provided by
ordinance, a survey or monument is not required for a property
line adjustment when the abutting properties are each greater
than 10 acres. Nothing in this subsection shall exempt a local
government from minimum area requirements established in
acknowledged comprehensive plans and land use regulations.
(9) Unless the governing body of a city or county has otherwise
provided by ordinance, the requirements of subsection (7) of this
section { - shall - } { + do + } not apply to the relocation
of a common boundary of a lot in a subdivision or a parcel in a
partition when the adjusted property line is a distance of even
width along the common boundary.
(10) The requirements of subsection (7) of this section do not
apply to property transferred through a property line adjustment
as provided in ORS 92.010 (7)(e).
SECTION 2. ORS 92.070 is amended to read:
92.070. (1) Except as otherwise provided in this section, all
subdivision or partition plats designating the location of land
in any county in the State of Oregon, offered for record, shall
include on the face of the plat a surveyor's certificate together
with the seal and signature of the surveyor having surveyed the
land represented on the plat, to the effect that the surveyor has
correctly surveyed and marked with proper monuments the lands as
represented, and has { - placed a proper monument as provided
in ORS 92.060 indicating the initial point of the plat and its
location - } { + identified one exterior monument + } in
accordance with ORS 92.060 (1) and accurately
{ - describing - } { + described + } { - by metes or bounds,
or - } { + either by metes or bounds and reference to the most
recent recorded deed that transfers fee title or by + } other
description as approved by the county surveyor, the tract of land
upon which the lots and blocks or parcels are laid out. If the
plat is a partition plat which contains parcels not surveyed, the
surveyor's certificate shall so indicate.
(2) If the person subdividing any land has complied with ORS
92.065 (1), the surveyor may prepare the plat of the subdivision
for recording with only the exterior monuments referenced on the
subdivision plat as submitted for recording. The subdivision plat
shall include a certification of the surveyor that the remaining
corners for the subdivision will be monumented on or before a
specified date in accordance with ORS 92.060, noting those
monuments to be set on or before said specified date on the
subdivision plat as approved by the city or county.
(3) After the remaining corners for a subdivision have been
monumented as provided in the certificate submitted under
subsection (2) of this section, the surveyor performing the work
shall:
(a) Within five days after completion of the work, notify the
person subdividing the land involved and the surveyor of the city
or county by which the subdivision was approved; and
(b) Upon approval of the work under ORS 92.100 by the county
surveyor, submit an affidavit for recording stating that the
subdivision plat has been correctly surveyed and marked with
proper monuments at the remaining corners of the subdivisions as
noted on the original subdivision plat. Any monument that cannot
be set shall be separately noted and a reference monument shall
be set. The affidavit shall be approved by the county surveyor
before recording. The surveyor who prepared the affidavit shall
cause the affidavit to be recorded in the office of the county
recorder where the subdivision plat is recorded. The county clerk
shall promptly provide a recorded copy of the affidavit to the
county surveyor. The county surveyor shall note the monuments set
and the recorder's information on the original subdivision and
any exact copies filed in accordance with ORS 92.120 (3).
(4) The county surveyor approving the work pursuant to
subsection (3) of this section shall reference the approval upon
the subdivision plat and tracings previously recorded. A city
surveyor approving the work under ORS 92.100 (1) shall reference
that surveyor's approval on the affidavit required under this
section prior to approval by the county surveyor.
(5) Notwithstanding ORS 209.250, the surveyor who prepared the
subdivision or partition plat may reestablish plat monuments
within two years of plat recordation without filing a map of the
survey as required under ORS 209.250. The surveyor reestablishing
any plat monuments shall prepare an affidavit stating that the
reestablished corners of the subdivision or partition plat have
been correctly surveyed and marked with proper monuments as
required under ORS 92.060. The affidavit shall be approved by the
county surveyor prior to recordation of the affidavit with the
county clerk. The surveyor who prepared the affidavit shall file
the affidavit with the county clerk for the county where the
subdivision or partition plat is recorded. The county clerk shall
promptly provide a certified copy of the recorded affidavit to
the surveyor. The county surveyor shall indicate the
reestablished monuments on the original plat of the subdivision
or partition and any copies of the plat filed under ORS 92.120
(3). The county shall charge a fee for recording the affidavit in
the county clerk's office and the county surveyor's office. The
fee shall be established by the governing body of the county and
shall be paid to the county surveyor.
SECTION 3. ORS 209.250 is amended to read:
209.250. (1) Any registered professional land surveyor making a
survey of lands within this state wherein the surveyor
establishes or reestablishes a boundary monument shall, within 45
days thereafter, submit for filing a permanent map of the survey
to the county surveyor for review. When filed, the map shall be a
permanent public record in the office of the county surveyor. In
establishing or reestablishing a public land survey corner, the
surveyor shall comply with ORS 209.070 (4), 209.130 and 209.200.
If the surveyor is unable to complete the survey and submit a
permanent map within 45 days, the surveyor shall, within 45 days
of establishing or reestablishing a boundary monument, provide
written notice to the county surveyor containing the reasons for
the delay, an estimate of the amount of time reasonably necessary
to complete the survey but not exceeding 180 days, and a
temporary map showing the position of any monuments established
or reestablished.
(2) Such permanent map shall have a written narrative that may
be on the face of the map. If the narrative is a separate
document, the map and narrative shall be referenced to each
other. The map and narrative shall be made on a suitable
drafting material in such size as may be required by the county
surveyor. The lettering on the map and narrative shall be of
such size and clarity as to be clearly reproduced. The narrative
shall explain the purpose of the survey and how the boundary
lines or other lines were established or reestablished and shall
state which deed records, deed elements, survey records, found
survey monuments, plat records, road records or any other
pertinent data were controlling when establishing or
reestablishing the lines. If the narrative is a separate
document, it shall also contain the following:
(a) Location of survey by one-fourth section, Township and
Range.
(b) The date of survey.
(c) The surveyor's seal and original signature.
(d) The surveyor's business name and address.
(3) A permanent map shall show the following:
(a) Location of survey by one-fourth section, Township and
Range.
(b) The date of survey.
(c) Scale of drawing and North Arrow.
(d) The distance and course of all lines traced or established,
giving the basis of bearing and the measured distance and course
to a monumented section corner, one-quarter corner, one-sixteenth
corner or Donation Land Claim corner in Township and Range, or to
a monumented lot or parcel corner or boundary corner of a
recorded subdivision, partition or condominium.
(e) All measured bearings, angles and distances that are used
as a basis for establishing or reestablishing lines or monuments
separately indicated from those of record together with the
recording reference. Metric measurements may be used if a
conversion to feet is provided.
(f) All monuments set and their relation to older monuments
found. A detailed description of monuments found and set shall be
included and all monuments set shall be separately indicated from
those found.
(g) The surveyor's seal and original signature.
(h) The surveyor's business name and address.
(4)(a) Within 30 days of receiving a permanent map under this
section, the county surveyor shall review the map to determine if
it complies with subsections (1), (2) and (3) of this section and
any applicable local ordinances. A map shall be indexed by the
county surveyor within 30 days following a determination that the
map is in compliance with this section. Any survey prepared by
the county surveyor in an official or private capacity shall
comply with subsections (1), (2) and (3) of this section.
(b) Any survey map found not to be in compliance with
subsection (1), (2) or (3) of this section shall be returned
within 30 days of receipt for correction to the surveyor who
prepared the map. The surveyor shall return the corrected survey
map to the county surveyor within 30 days of receipt of the
survey map from the county surveyor.
(c) Any map that is not corrected within the specified time
period shall be forwarded to the State Board of Examiners for
Engineering and Land Surveying for action, as provided in
subsection (11) of this section.
(d) No action may be maintained against the county surveyor for
recording a survey map that does not comply with this section.
(e) No action may be maintained against the county surveyor for
refusal to file a survey map that does not comply with this
section.
(5) { - (a) - } When a survey within this state is funded
entirely or in part by public funds and the survey results in the
establishment of horizontal or vertical { - positions - }
{ + monuments + } for geodetic control, the registered
professional land surveyor performing the survey, within 45 days
after completion of the survey, shall file a report of the survey
with the county surveyors of those counties in which the newly
established
{ - points - } { + monuments + } are located.
{ - (b) When a survey within this state is funded entirely or
in part by public funds and the survey results in the
establishment of horizontal or vertical positions for mapping
control, the registered professional land surveyor performing the
survey, within 45 days of completing the survey, shall file a
report of the survey with the county surveyor of a county in
which a newly established point is located. - }
(6) A report required by subsection (5) { - (a) - } of this
section may include maps or diagrams. The maps or diagrams, if
included, shall be referenced to each other. The report shall
contain the following:
(a) The name and number of each newly established geodetic
control { - point - } { + monument + }.
(b) Location of newly established geodetic control
{ - points - } { + monuments + } by Section, Township and
Range.
(c) Location of the horizontal component of geodetic control
{ - points - } { + monuments + } by the Oregon Coordinate
System as described in ORS 93.320 and 93.330, including the scale
factor, combined scale factor, convergence and geographic or
geodetic coordinates, indicating datum used.
(d) { + When a survey requires a vertical component, the
report shall include the + } location { - of the vertical
component - } of geodetic control { - points - }
{ + monuments + } by orthometric height { - , ellipsoidal
height and geoidal separation, indicating datum used - } { +
and vertical datum and, if employed in the survey, geoidal
separation and ellipsoidal height + }.
(e) The date of survey.
(f) The business name and address of the surveyor.
(g) A description of all monuments set or found, including
narrative or graphic information sufficient to locate the
monuments.
(h) A statement explaining the purpose of the survey, the
equipment and procedures used, including the geoid model and
reference ellipsoid used, and the names or numbers of the found
record control stations used and their source.
(i) The scale of drawing and North Arrow if a map or diagram is
included.
(j) The seal and original signature of the surveyor.
(k) { - For geodetic control, - } A statement regarding the
network accuracy and local accuracy of the survey { - ,
categorized by horizontal position, ellipsoidal height and
orthometric height, - } relative to the National Spatial
Reference System. The statement shall include the accuracy
classification at the 95 percent confidence level for both
network and local classifications in accordance with Standards
for Geodetic Control Networks, Part 2 of the { + most recent + }
federal Geospatial Positioning Accuracy Standards
{ - (FGDC 1998) - } for the newly established { - points - }
{ + monuments + }.
(7) The county surveyor shall file and index reports that
comply with subsections (5) and (6) of this section within 30
days of determining compliance.
(8) Any monument set by a registered professional land surveyor
to mark or reference a { - point - } { + position + } on a
property or land line or to mark or reference a geodetic control
survey
{ - point - } { + position + } shall be durably and visibly
marked or tagged with the registered business name or the letters
'L.S.' followed by the registration number of the surveyor in
charge or, if the monument is set by a public officer, it shall
be marked with the official title of the office.
(9) If, in the performance of a survey, any registered
professional land surveyor finds or makes any changes in any
public land survey corner or their accessories as they are
described in an existing corner record or survey map in the
office of the county surveyor, the surveyor shall complete and
submit to the county surveyor a record of the changes found or
made to any corner or accessories to the corner. The record shall
be submitted within 45 days of the corner visits, and shall
include the surveyor's seal and original signature, business name
and address, and be on stable base reproducible material in the
form required by the county surveyor.
(10) The signature and stamp of a registered professional land
surveyor on any permanent survey map or plat constitutes
certification that the map or plat complies with all applicable
provisions of this chapter.
(11) Any registered professional land surveyor failing to
comply with the provisions of subsections (1) to (9) of this
section, ORS 92.050 to 92.080 or any county ordinance
establishing standards for surveys or plats shall be subject to
disciplinary action by the State Board of Examiners for
Engineering and Land Surveying.
(12) Any federal or state agency, board or commission, special
district or municipal corporation making a survey of lands within
this state shall comply with this section.
SECTION 4. ORS 672.005 is amended to read:
672.005. As used in ORS 672.002 to 672.325, unless the context
requires otherwise:
(1)(a) 'Practice of engineering' or 'practice of professional
engineering' means:
(A) Any professional service or creative work requiring
engineering education, training and experience; and
(B) The application of special knowledge of the mathematical,
physical and engineering sciences to such professional services
or creative work as consultation, investigation, testimony,
evaluation, planning, design and services during construction,
manufacture or fabrication for the purpose of ensuring compliance
with specifications and design, in connection with any public or
private utilities, structures, buildings, machines, equipment,
processes, works or projects.
(b) 'Practice of engineering' or 'practice of professional
engineering' may include:
(A) Surveying to determine area or topography;
(B) Surveying to establish lines, grades or elevations, or to
determine or estimate quantities of materials required, removed
or in place; or
(C) Surveying required for design and construction layout of
engineering and architectural infrastructure.
(2) 'Practice of land surveying' means that branch of the
practice of engineering in which:
(a) Surveys are made to determine area or topography { + of
the surface of the earth, to determine the position of a fixed
object + }, to establish or reestablish { + property lines, + }
land boundaries, { + easements, rights-of-way, + } corners or
monuments or to subdivide or plat land;
(b) Surveys are made to establish lines, grades or elevations,
or to determine or estimate quantities of materials required,
removed or in place;
(c) Surveys are made for horizontal or vertical mapping control
or geodetic control; or
(d) Consultation, investigation, { + expert technical
testimony, + } evaluation or planning relating to land surveying
matters is required.
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