Chapter 230 Oregon Laws 2005

AN ACT

SB 468

Relating to surveying; creating new provisions; and amending ORS 92.060, 209.005, 209.130 and 209.250.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 209.005 is amended to read:

209.005. As used in this chapter, unless the context requires otherwise:

(1) “Control point” means a horizontal or vertical survey position set within the stated precision of the survey.

(2) “County surveyor” means an individual appointed or elected to the office of county surveyor and who is responsible for performing the duties of such office as described by law.

(3) “Deputy county surveyor” means an individual appointed by the county surveyor to the office of deputy county surveyor.

(4) “Geodetic control” means horizontal or vertical survey [positions] monuments that are primarily intended to be used as reference positions for other surveys or that serve to extend the national geodetic control network.

[(5) “Mapping control” means horizontal or vertical survey positions that control maps made from aerial photography.]

[(6)] (5) “Monument” means any permanent material object or collection of objects, either natural or man-made, [which] that indicates the position on the ground of a survey station, public land survey corner or accessories, or a land boundary corner established by a qualified surveyor.

[(7)] (6) “Public land survey corner” means a section corner, one-quarter section corner, Donation Land Claim corner, meander corner, witness corner or any other corner established by the General Land Office or its successor.

[(8)] (7) “Registered professional land surveyor” has the meaning given that term in ORS 672.002.

SECTION 2. ORS 209.250 is amended to read:

209.250. (1) [Any] A 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] is 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] The permanent map [shall] must 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] must be referenced to each other. The map and narrative [shall] must be made on a suitable drafting material in [such size as may be] the size required by the county surveyor. The lettering on the map and narrative [shall] must be of [such] sufficient size and clarity [as to be clearly reproduced] to be reproduced clearly. The narrative [shall] must explain the purpose of the survey and how the boundary lines or other lines were established or reestablished and [shall] must 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] the narrative must also contain the following:

(a) Location of survey by one-fourth section, Township and Range.

(b) The date of survey.

(d) The surveyor’s business name and address.

(3) A permanent map [shall] must show the following:

(a) Location of survey by one-fourth section, Township and Range.

(b) The date of survey.

(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] must be included and [all] monuments set [shall] must 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] must be indexed by the county surveyor within 30 days following a determination that the map is in compliance with this section. [Any] A survey prepared by the county surveyor in an official or private capacity [shall] must comply with subsections (1), (2) and (3) of this section.

(b) [Any] A survey map found not to be in compliance with subsection (1), (2) or (3) of this section [shall] must 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] A map that is not corrected within the specified time period [shall] must 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] An action may not be maintained against the county surveyor for recording a survey map that does not comply with this section.

(e) [No] An action may not 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] where 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.]

(b) Notwithstanding paragraph (a) of this subsection, the governing body of a county may, by resolution or order, waive the filing of the report of the survey.

(6) A report required by subsection (5)(a) of this section may include maps or diagrams. The maps or diagrams, if included, [shall] must be referenced to each other. The report [shall] must 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) Location of the vertical component of geodetic control [points] monuments by orthometric height, ellipsoidal height and geoidal separation, indicating datum used.

(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] monuments 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 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] A monument set by a registered professional land surveyor to mark or reference a point on a property or land line or to mark or reference a geodetic control survey point [shall] must 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] the monument must be marked with the official title of the office.

(9) If, in the performance of a survey, [any] a registered professional land surveyor finds or makes [any] changes in [any] a 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] a corner or accessories to the corner. The record [shall] must be submitted within 45 days of the corner visits, and [shall] must 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] a permanent survey map or plat constitutes certification that the map or plat complies with [all] the applicable provisions of this chapter.

(11) [Any] A 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] a county ordinance establishing standards for surveys or plats [shall be] is subject to disciplinary action by the State Board of Examiners for Engineering and Land Surveying.

(12) [Any] A 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 3. 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] may 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] may not be less than three-quarter inch inside diameter and 30 inches long, and if an iron or steel rod is used it [shall] may not be less than five-eighths of an inch in least dimension and 30 inches long. The location of the monument 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. When setting a required monument is impracticable under the circumstances, 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. If galvanized iron pipe is used it [shall] may not be less than three-quarter inch inside diameter and 30 inches long, and if iron or steel rods are used they [shall] may not be less than five-eighths of an inch in least dimension and 30 inches long. When setting a required monument is impracticable under the circumstances:

(a) The county surveyor may authorize the setting of another type of monument; or

(b) The county surveyor may waive the setting of the 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. When setting a required monument is impracticable under the circumstances:

(a) The surveyor may set another type of monument; or

(b) The county surveyor may waive the setting of the 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] boundary of a subdivision shall be [placed] set, unless the county surveyor waives the setting of a particular monument, 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, unless the county surveyor waives the setting of a particular monument, 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] set, unless the county surveyor waives the setting of a particular monument, 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 4. ORS 209.130 is amended to read:

209.130. (1) In the establishment or reestablishment of a public land survey corner, the county surveyor shall set a monument of durable quality. When a monument cannot be set at the exact corner position or it is not practicable to set a monument, then a witness corner monument shall be set.

(2) Section corners, Donation Land Claim corners, center corners and quarter-section corners shall be witnessed by at least four references. Meander corners, angle point corners or other approved public land survey corners shall be witnessed by at least two references. References shall be of durable quality. All references shall be carefully described, and their bearings and distances noted in the report or on the survey.

(3) For the purpose of providing an additional reference, the county surveyor may, when maintaining or reestablishing survey corners, establish coordinates on public land survey corners using an Oregon Coordinate System pursuant to ORS 93.320 or another coordinate system, adopted by the appropriate public agency, that can be referenced directly to a geodetic [position] control monument.

SECTION 5. The amendments to ORS 92.060 by section 3 of this 2005 Act apply to monuments for a survey of a subdivision or partition plat submitted for record on or after the effective date of this 2005 Act.

SECTION 6. The amendments to ORS 209.250 by section 2 of this 2005 Act apply to surveys made on or after the effective date of this 2005 Act.

Approved by the Governor June 14, 2005

Filed in the office of Secretary of State June 15, 2005

Effective date January 1, 2006

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