69th OREGON LEGISLATIVE ASSEMBLY--1997 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 1671
A-Engrossed
Senate Bill 349
Ordered by the Senate March 4
Including Senate Amendments dated March 4
Sponsored by Senator BAKER
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 accuracy requirement for survey of subdivision or
partition. Allows surveyor to move and reestablish plat
monuments. Requires plat to be prepared using archival quality
ink and drafting material. Requires statement of acceptance by
local government for dedication of private land for public
purpose. Allows use of metric measurements on survey map. Fixes
deadline by which county surveyor must review and index any
survey map.
A BILL FOR AN ACT
Relating to land surveying; amending ORS 92.044, 92.050, 92.060,
92.070, 92.080, 92.120, 92.175, 100.115, 209.070, 209.150 and
209.250.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 92.044 is amended to read:
92.044. (1) The governing body of a county or a city shall, by
regulation or ordinance, adopt standards and procedures, in
addition to those otherwise provided by law, governing, in the
area over which the county or the city has jurisdiction under ORS
92.042, the submission and approval of tentative plans and plats
of subdivisions, tentative plans and plats of partitions in
exclusive farm use zones established under ORS 215.203 { - to
215.263 - } .
(a) Such standards may include, taking into consideration the
location and surrounding area of the proposed subdivisions or the
partitions, requirements for:
(A) Placement of utilities, for the width and location of
streets or for minimum lot sizes and such other requirements as
the governing body considers necessary for lessening congestion
in the streets;
(B) Securing safety from fire, flood, slides, pollution or
other dangers;
(C) Providing adequate light and air including protection and
assurance of access to incident solar radiation for potential
future use;
(D) Preventing overcrowding of land;
(E) Facilitating adequate provision of transportation, water
supply, sewerage, drainage, education, recreation or other needs;
or
(F) Protection and assurance of access to wind for potential
electrical generation or mechanical application.
(b) Such ordinances or regulations shall establish the form and
contents of tentative plans of partitions and subdivisions
submitted for approval.
(c) The procedures established by each such ordinance or
regulation shall provide for the coordination in the review of
the tentative plan of any subdivision or partition with all
affected city, county, state and federal agencies and all
affected special districts.
{ - (d) The procedures established by each such ordinance or
regulation shall include a provision for notifying a person
proposing a subdivision or partition of the requirement to file a
statement of water right. - }
(2)(a) The governing body of a city or county may provide for
the delegation of any of its lawful functions with respect to
subdivisions and partitions to the planning commission of the
city or county or to an official of the city or county appointed
by the governing body for such purpose.
(b) If an ordinance or regulation adopted under this section
includes the delegation to a planning commission or appointed
official of the power to take final action approving or
disapproving a tentative plan for a subdivision or partition,
such ordinance or regulation may also provide for appeal to the
governing body from such approval or disapproval.
(c) The governing body may establish, by ordinance or
regulation, a fee to be charged for an appeal under ORS chapter
197, 215 or 227, except for an appeal under 197.805 to 197.860.
(3) The governing body may, by ordinance or regulation,
prescribe fees sufficient to defray the costs incurred in the
review and investigation of and action upon proposed subdivisions
that are submitted for approval pursuant to this section. As used
in this subsection, 'costs' does not include costs for which fees
are prescribed under ORS 92.100 and 205.350.
(4) The governing body may, by ordinance or regulation,
prescribe fees sufficient to defray the costs incurred in the
review and investigation of and action upon proposed partitions
that are submitted for approval pursuant to this section.
(5) Ordinances and regulations adopted under this section shall
be adopted in accordance with ORS 92.048.
(6) Any ordinance or regulation adopted under this section
shall comply with the comprehensive plan for the city or county
adopting the ordinance or regulation.
(7) For the purposes of this section:
(a) 'Incident solar radiation' means solar energy falling upon
a given surface area.
(b) 'Wind' means the natural movement of air at an annual
average speed measured at a height of 10 meters of at least eight
miles per hour.
SECTION 2. ORS 92.050 is amended to read:
92.050. (1) No person shall submit a plat of a subdivision or
partition for record, until all the requirements of ORS 209.250
and the plat requirements of the subdivision or partition have
been met.
(2) The survey for the plat of the subdivision or partition
shall be done { - with reference to Federal Geodetic Control
Committee guidelines for third order class II - } { + in a
manner to achieve a relative positional accuracy of one-tenth of
a foot or one ten-thousandth of the distance shown on the
subdivision or partition plat, whichever is greater, relative to
the overall boundary + }.
(3) The survey and plat of the subdivision or partition shall
be made by a registered professional land surveyor.
(4) The plat of the subdivision or partition shall be of such
scale and lettering size, approved by the county surveyor, so
that all survey and mathematical information, and all other
details may be clearly and legibly shown thereon. Each lot or
parcel shall be numbered consecutively. The lengths and courses
of all boundaries of each lot or parcel shall be shown. Each
street shall be named.
(5) The locations and descriptions of all monuments found or
set shall be carefully recorded upon all plats and the proper
courses and distances of all boundary lines, conforming to the
surveyor's certificate, shall be shown.
(6) The location, dimensions and purpose of all recorded and
proposed public and private easements shall be shown on the
subdivision or partition plat along with the county clerk's
recording reference if the easement has been recorded with the
county clerk. Private easements shall become effective upon the
recording of the plat.
(7) The area of each lot or parcel shall be shown on the
subdivision or partition plat.
(8) In addition to showing bearings in degrees, minutes and
seconds and distances in feet and hundredths of a foot, the
following curve information shall be shown on the subdivision or
partition plat either on the face of the map or in a separate
table:
(a) Arc length;
(b) Chord length;
(c) Chord bearing;
(d) Radius; and
(e) Central angle.
(9) The surveyor submitting any subdivision, condominium or
partition plat that is within one-half mile of an established
geodetic control monument, that has been approved by the National
Geodetic Survey or has been approved by and filed with the county
surveyor, shall, by field survey { + , + } { - with reference
to Federal Geodetic Control Committee guidelines for third order
class II, - } show the bearing or angles and distances from the
geodetic control monument to a monumented corner on the boundary
of the plat. If there is an azimuth mark for the geodetic control
monument or if there is another geodetic control monument that is
intervisible to the primary geodetic control monument, the
bearing or angle between the geodetic control monument and the
azimuth mark or the intervisible geodetic control monument shall
be shown.
(10) Notwithstanding the provisions of subsection (9) of this
section, the county surveyor may waive the requirement of a
distance and bearing to a geodetic control monument if the
subdivision or condominium, or partition thereof, has previously
furnished the required information.
(11) No city or county shall require that a final subdivision,
condominium or partition plat show graphically on the final plat
any information or requirement that is or may be subject to
administrative change or variance by a city or county.
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 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 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. 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 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 surveyor may authorize the setting of 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 county surveyor may authorize the
setting of 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 { - 1/5,000 - } { + 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 and the monuments shall be referenced on the plat
of the subdivision before the plat of the subdivision is offered
for recording. However, interior 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 interior 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 a commercial
bank as defined in ORS 706.005 or other security as required by
the county or city guaranteeing the payment of the cost of
setting the interior 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) and (9) 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, a governing
body of a city or county may, by ordinance, waive the requirement
of a survey and monumentation of an adjusted property line when
both parcels affected are 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 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.
SECTION 4. 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
in accordance with ORS 92.060 (1) and accurately describing by
metes or bounds, or 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 interior
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 interior 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 interior 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 5. ORS 92.080 is amended to read:
92.080. Notwithstanding ORS 205.232 and 205.234, all plats
subdividing or partitioning any land in any county in this state,
and dedications of streets or roads or public parks and squares
and other writings made a part of such subdivision or partition
plats offered for record in any county in this state shall be
made
{ - in permanent black india type - } { + using archival
quality black + } ink or silver halide permanent photocopy, upon
{ + archival quality drafting + } material that is 18 inches by
24 inches in size with an additional three-inch binding edge on
the left side when required by the county clerk or the county
surveyor, that is suitable for binding and copying purposes, and
that has such characteristics of strength and permanency as may
be required by the county surveyor. All signatures on the
original subdivision or partition plat shall be in
{ - permanent black india type - } { + archival quality
black + } ink. The subdivision or partition plat shall be of such
a scale as required by the county surveyor. The lettering of the
approvals, the declaration, the surveyor's certificate, and all
other information shall be of such a size or type as will be
clearly legible, but no part shall come nearer any edge of the
sheet than one inch. The subdivision or partition plat may be
placed on as many sheets as necessary, but a face sheet and an
index page shall be included for subdivision or partition plats
placed upon three or more sheets.
SECTION 6. ORS 92.120 is amended to read:
92.120. (1) The plat of a subdivision described in ORS 92.050
when made and approved as required, and offered for record in the
records of the county where the described land is situated,
shall, upon the payment of the fees provided by law, be filed by
the county recording officer. The fact of filing and the date
thereof shall be entered thereon, and it shall then be securely
bound with other subdivision plats of like character in a book
especially prepared for that purpose and designated as 'Record of
Town Plats,' or filed in a special cabinet for that purpose so as
to
{ - insure - } { + ensure + } safekeeping and preservation of
the subdivision plat.
(2) The partition plat described in ORS 92.050, when made and
approved as required and offered for record in the records of the
county where the described land is situated, shall, upon the
payment of the fees provided by law, be filed by the county
recording officer. The fact of filing and the date thereof shall
be entered thereon, and it shall then be securely filed with
other partition plats of like character and designated as 'Record
of Partition Plats.' Partition plats shall be numbered by year
and sequentially and be recorded in deed records.
(3) At the time of filing such subdivision plat or partition
plat, the person offering it for filing shall also file with the
county surveyor and with the county recording officer, if
requested by the county recording officer, an exact copy thereof,
made with { - permanent black india type - } { + archival
quality black + } ink or silver halide permanent photocopy upon
material that has such characteristics of strength and permanency
as may be required by the county surveyor. The surveyor who made
the subdivision or partition plat shall certify that the
photocopy or tracing is an exact copy of the subdivision or
partition plat. The copy filed with the county recording officer
shall be certified by that officer to be an exact copy and then
shall be filed in the archives of the county, and be preserved by
filing without folding or cutting. The subdivider shall provide
without cost the number of prints from such copy as may be
required by the governing body of the county.
(4) For the purpose of preserving the original subdivision or
town plats or partition plats, any such plats may be stored for
safekeeping without folding or cutting and a copy of the original
subdivision or partition plat certified by the county recording
officer may be used as the official subdivision or partition plat
for public use.
SECTION 7. ORS 92.175 is amended to read:
92.175. (1) Land for property dedicated for public purposes may
be provided to the city or county having jurisdiction over the
land by any of the following methods:
(a) By dedication on the land subdivision plat { - ,
condominium plat or replat - } ; { - or - } { +
(b) By dedication on the partition plat, provided that the city
or county indicates acceptance of the dedication on the face of
the plat; or + }
{ - (b) - } { + (c) + } By a separate dedication or
donation document on the form provided by the city or county
having jurisdiction over the area of land to be dedicated.
(2) Notwithstanding subsection (1) of this section,
{ + utility + } easements in partition { + and condominium + }
plats may be granted for public { + and other regulated + }
utility purposes without an acceptance from the governing body
having jurisdiction.
SECTION 8. ORS 100.115 is amended to read:
100.115. (1) When a declaration is made and approved as
required, it shall, upon the payment of the fees provided by law,
be recorded by the recording officer. The fact of recording and
the date thereof shall be entered thereon. At the time of
recording a declaration, the person offering it for record shall
also file an exact copy, certified by the recording officer to be
a true copy thereof, with the county assessor.
(2) A plat of the land described in the declaration, complying
with ORS 92.050, 92.060 (1) and (2), 92.080 and 92.120, shall be
recorded simultaneously with the declaration. Upon request, the
person offering the plat for recording shall also file an exact
copy, certified by the surveyor who made the plat to be an exact
copy of the plat, with the county assessor and the county
surveyor. The exact copy shall be made in { - permanent black
india type - } { + archival quality black + } ink or silver
halide permanent photocopy upon a suitable drafting material
having the characteristics of strength, stability and
transparency required by the county surveyor. The plat shall:
(a) Show the location of all buildings, public roads and other
permanent structural improvements;
(b) Show the location and dimensions of the vertical and
horizontal boundaries of each unit in a building including the
unit designation and the common elements to which each unit has
access. The vertical boundaries shall be referenced to a known
bench mark elevation or other reference point as approved by the
city or county surveyor;
(c) Show, to the extent feasible, the location and dimensions
of all limited common elements described in the declaration;
(d) Include a statement of a registered architect, registered
professional land surveyor or registered professional engineer
certifying that the plat fully and accurately depicts the
boundaries of the units of the building and that construction of
the units and buildings as depicted on the plat has been
completed;
(e) Include a surveyor's certificate, complying with ORS
92.070;
(f) Include a statement by the declarant that the property and
improvements described and depicted on the plat are subject to
the provisions of ORS 100.005 to 100.625;
(g) Include such signatures of approval as may be required by
local ordinance or regulation;
(h) Include any other information or data not inconsistent with
the declaration that the declarant desires to include; and
(i) If the condominium is a flexible condominium, also:
(A) Show the location and dimensions of all variable property
described in the declaration and label all such property as '
VARIABLE PROPERTY.' If there is more than one parcel, label each
parcel with letters or numbers different from those designating
any unit, building or other parcel of variable property.
(B) Show the location and dimensions of all nonwithdrawable
variable property and label all such property as 'NONWITHDRAWABLE
PROPERTY.' If there is more than one parcel, label each parcel
with letters or numbers different from those designating any
unit, building, parcel or variable property or other parcel of '
nonwithdrawable variable property. '
(3) The supplemental plat required under ORS 100.150 (1) shall
be recorded simultaneously with the supplemental declaration.
Upon request, the person offering the supplemental plat for
recording shall also file an exact copy, certified by the
surveyor who made the plat to be an exact copy of the plat, with
the county assessor and the county surveyor. The exact copy shall
be made in { - permanent black india type - } { + archival
quality black + } ink or silver halide permanent photocopy upon a
suitable drafting material having the characteristics of
strength, stability and transparency required by the county
surveyor. The supplemental plat shall:
(a) Comply with ORS 92.050, 92.060 (1) and (2), 92.080, 92.120
and subsection (4) of this section.
(b) If any property is withdrawn:
(A) Show the resulting perimeter boundaries of the condominium
after the withdrawal; and
(B) Show the information required under subsection (2)(i) of
this section as it relates to any remaining variable property.
(c) If any property is reclassified, show the information
required under subsection (2)(a) to (d) of this section.
(d) Include a 'Declarant's Statement' that the property
described on the supplemental plat is reclassified or withdrawn
from the condominium and that the condominium exists as described
and depicted on the plat.
(e) Include a surveyor's affidavit complying with ORS 92.070.
(4) Before a plat or an amendment to the plat may be recorded,
it must be approved by the city or county surveyor as provided in
ORS 92.100. Before approving the plat as required by this
section, the city or county surveyor shall check the boundary of
the plat and shall take such measurements and make such
computations as are necessary to determine that the boundary
complies with this section. For performing that service, the city
surveyor or county surveyor shall collect from the person
offering the plat for approval a fee of $150 plus $25 per
building. The governing body of a city or county may establish a
higher fee by resolution or order.
(5)(a) Whenever variable property is reclassified or withdrawn
as provided in ORS 100.155 (1) or (2) or property is removed as
provided in ORS 100.600 (2), the county surveyor shall, upon all
previously recorded plats relating to the variable property or
property being removed and upon any copy thereof certified by the
county clerk, trace, shade or make other appropriate marks or
notations with permanent ink in such manner as to denote the
reclassification, withdrawal or removal. The recording index
numbers and date of recording of the supplemental declaration and
plat or amendment and amended plat shall also be referenced on
each plat.
(b) For performing the activities described in this subsection,
the county clerk shall collect a fee set by the county governing
body. The county clerk shall also collect a fee set by the county
governing body to be paid to the county surveyor for services
provided under this section.
(6) Except as otherwise provided in subsection (7) of this
section, before an amendment to an existing plat or floor plans
may be recorded, it must be approved by the county assessor and
must be accompanied by an amendment to the declaration
authorizing the amendment to the plat or floor plans. If the
amendment changes the exterior boundary of the property, the city
or county surveyor must approve the amendment before it may be
recorded. The amendment to the declaration shall also be approved
and be recorded in accordance with ORS 100.135. The county
assessor shall approve an amendment to floor plans recorded
before October 15, 1983, if the amendment complies with the
requirements of this section relating to floor plans in effect at
the time the floor plans were initially recorded. The county
assessor and, if required by this section, the city or county
surveyor shall approve an amendment to a plat if the amendment
complies with this section.
(7) The following may be amended by an affidavit of correction
in accordance with ORS 92.170:
(a) A plat, whenever recorded.
(b) Floor plans recorded prior to October 15, 1983.
SECTION 9. ORS 209.070 is amended to read:
209.070. The county surveyor of each county shall:
(1) Keep a fair and correct record of all surveys made by the
county surveyor and deputies thereof and by the county road
official, all surveys received pursuant to ORS 209.250 and all
surveys under ORS 368.106 or 368.206.
(2) Number progressively all surveys received and state by whom
and { + , if provided, + } for whom made.
(3) Provide a copy of any survey to any person or court
requiring the same, on payment of the fee allowed by law.
(4) Make all surveys of legal subdivisions with reference to
the current United States Manual of Surveying Instructions.
(5) Establish or reestablish and maintain all public land
survey corners, where evidence of the corners can be found and
the corners can be positively located, and keep a separate record
of the corners, giving the dates and names of persons present.
When so established or reestablished such corner monuments shall
be recognized as the legal and permanent corners.
(6) Establish or reestablish, upon order of the county court or
board of county commissioners, all public land survey corners
where all physical evidence is destroyed or cannot be found but
where the official government notes are available, the corners to
be reestablished in the manner provided in ORS 209.130 for
establishing corners, and keep a separate record of the same,
giving the date and names of persons present, and turn such
record over to the surveyor's successor. When so established or
reestablished such corner monuments shall be recognized as the
legal and permanent corners.
(7) At the expiration of the term of office transfer all
records to the successor.
SECTION 10. ORS 209.150 is amended to read:
209.150. (1) Any person or public agency removing, disturbing
or destroying any survey monument of record in the office of the
county surveyor or county clerk shall cause a registered
professional land surveyor to reference and replace the monument
within 90 days of the removal, disturbance or destruction. The
registered professional land surveyor referencing and replacing
the monument shall do so in the same manner that is provided for
public land survey corners according to ORS 209.140 and shall
notify the county surveyor of that action within two business
days. The costs of referencing and replacing the survey monument
shall be paid by the person or public agency causing the removal,
disturbance or destruction.
(2) Notwithstanding subsection (1) of this section, when a
recorded survey monument, other than a public land survey corner,
that is within the right of way of a public road is removed,
destroyed or disturbed as a result of construction or
reconstruction of the public road, the survey monument does not
have to be replaced if:
(a) The person or public agency responsible for the
construction or reconstruction causes a registered professional
land surveyor to locate any survey monuments that are subject to
removal, destruction or disturbance and to file with the county
surveyor a preliminary map referencing all found monuments and
identifying any permanent survey control that will be used to
comply with this section. The survey map filed under this
paragraph shall comply with ORS 209.250 and any other requirement
of law;
(b) The centerline points of curve, points of tangency, angle
points and beginning and ending points are monumented or
referenced with monuments. Unless physically impractical to do
so, the right of way shall be monumented at points of curve,
points of tangency, centerline angle points and at least every
1,000 feet on tangents. The types of monuments shall be as
described in ORS 92.060 and shall be set within 180 days after
completion of construction; and
(c) A survey that complies with ORS 209.250 and any other
requirement of law is filed with the county surveyor.
(3) For the purpose of complying with subsection (2) of this
section, location of a survey monument may consist of
establishing coordinates on the monument. These coordinates may
be Oregon State Plane coordinates, Local Datum Plane coordinates
or other coordinates compatible with those coordinates shown on
the survey. { +
(4) Notwithstanding subsection (1) of this section, a county
surveyor may, upon written request, provide written authorization
to a registered professional land surveyor to remove a survey
monument other than a public land survey corner as defined in ORS
209.005. A county surveyor may require that the position of the
removed monument be referenced to another survey monument and
noted on a survey map filed in accordance with ORS 209.250. + }
SECTION 11. 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, { - file - } { + submit for filing + } a map
of the survey
{ - with - } { + to + } the county surveyor { + for
review + }. { + When filed, + } the map shall be a permanent
public record in the office of the county surveyor. { - When
applicable - } { + In establishing or reestablishing a public
land survey corner + }, the surveyor shall comply with ORS
209.070 (4), 209.130 and 209.200.
(2) Such map shall have a written narrative { - which - }
{ + 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 { - of a permanent
nature on stable base reproducible material and made in sizes as
required by the county surveyor - } { + made with archival
quality black ink or silver halide permanent photocopy on
archival quality 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) Such 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 map under this
section, + } the county surveyor shall { - promptly file and
index maps that comply with subsections (1), (2) and (3) of this
section - } { + 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 { - 20 - }
{ + 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 { - (10) - } { + (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) When a survey within this state is funded entirely or in
part by public funds, if the survey results in the establishment
or reestablishment of horizontal or vertical positions for
mapping control or 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 affected by the survey.
The report shall be a public record in the office of the county
surveyor.
(6) A report required by subsection (5) 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) Location of control points by Section, Township and Range
and station name if applicable.
(b) Location of horizontal control points by coordinates or
geographic positions, indicating datum used.
(c) Location of vertical control points by elevation,
indicating datum used.
(d) The date of survey.
(e) The business name and address of the surveyor.
(f) A description of all monuments set or found, including
narrative or graphic information sufficient to locate the
monuments.
(g) A statement explaining the purpose of the survey, the
equipment and procedures used, the source of data used to control
the survey, the record positions for found monuments for which
new positions were determined and the precision of the survey.
(h) The scale of drawing and North Arrow if a map or diagram is
included.
(i) The seal and original signature of the surveyor.
(7) The county surveyor shall { - promptly - } 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 on a property or land line or to
mark or reference a geodetic control survey point 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 survey map or plat constitutes certification that
the map or plat complies with all applicable provisions of this
chapter. + }
{ - (10) - } { + (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.
{ - (11) - } { + (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.
----------