The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 45: LAND SURVEYORS

 

Sub-Chapter 1: General Provisions

§ 2501. Policy and purpose

In order to safeguard property and the public welfare, the practice of land surveying in this state is declared to be subject to regulation in the public interest in accordance with the terms of this chapter. (Added 1967, No. 364 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1981, No. 79, §§ 1, 2, eff. May 5, 1981; 1985, No. 245 (Adj. Sess.), § 1.)

§ 2502. Definitions

For the purpose of this chapter:

(1) "Board" means the board of land surveyors established under this chapter.

(2) "Disciplinary action" includes any action taken against a licensee for unprofessional conduct.

(3) "Licensed land surveyor" means a person licensed by the board who is:

(A) a professional specialist in measuring land;

(B) educated in the principles of mathematics, the related physical and applied sciences, and real property law; and

(C) engaged in the practice of land surveying as defined in this section.

(4) "Practice of land surveying" means providing, or offering to provide, professional services, including record research, reconnaissance, measurements, gathering parol evidence, analysis of evidence, mapping, planning, expert testimony, and consultation related to any of the following:

(A) locating, relocating, establishing, reestablishing, or retracing property lines or boundaries, or demarcating other legal rights or interests in any tract of land, road, right-of-way, or easement;

(B) determining, by the use of principles of surveying, the position for any boundary monument or reference point, or replacing any monument or reference point;

(C) making any survey for the division, subdivision, or consolidation of any tract of land;

(D) creating, preparing, or modifying graphic documents such as maps, plats, and plans, or electronic data used or referenced in instruments of conveyance of rights in real property, or which define rights in real property, or are used to define such rights;

(E) calculating dimensions and areas, which may be used to define rights in real property.

(5) "Monument" excludes paint marks, ribbons, signs, and any nonpermanent structures supporting ribbons or signs.

(6) "Responsible charge" means direct control and personal supervision.

(7) "Supervision" of an applicant means regular personal review of the applicant's land surveying work. (Added 1967, No. 364 (Adj. Sess.), § 2, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 13.)

§ 2503. Prohibition; exceptions

(a) A person who is not licensed by the board shall not:

(1) use the title "licensed land surveyor" or any substantially equivalent title;

(2) represent himself or herself as licensed by this state or able to perform land surveying; or

(3) practice land surveying or act in responsible charge of another person who practices land surveying.

(b) Subdivision (a)(3) of this section does not prohibit preparation of assessment maps, current use maps for use valuation appraisal, or similar maps, which are clearly not intended to indicate the legally authoritative location or demarcation of property boundaries or extent where legal rights or interests in any tract of land are or may be affected, or licensed or qualified members of other professions or trades from performing duties incidental to those occupations. (Added 1967, No. 364 (Adj. Sess.), § 3, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 14.)

§ 2504. Penalties and enforcement

A person who violates subsection 2503(a) of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1967, No. 364 (Adj. Sess.), § 21, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2007, No. 29, § 36; 2007, No. 163 (Adj. Sess.), § 28.)

 

Sub-Chapter 2: Administration

§ 2541. Creation and organization of board

(a) A state board of land surveyors is created to regulate the licensure of land surveyors. It shall be called "Board of Land Surveyors."

(b) The board shall consist of five licensed land surveyors and two members of the public who have no financial interest in the activities regulated under this chapter, other than as consumers or possible consumers of its services. Public members shall have no financial interest personally or through a spouse, parent, child, brother, or sister. "Financial interest" means dealing in goods or services which are uniquely related to activities regulated under this chapter, or investing anything of value in a business licensed under this chapter.

(c) Board members shall be appointed by the governor pursuant to 3 V.S.A. §§ 129b and 2004.

(d) One member shall have been licensed under this chapter after written examination taken within the five years immediately preceding the date of appointment.

(e)-(g) [Deleted.]  (Added 1967, No. 364 (Adj. Sess.), § 4, eff. Jan. 1, 1969; amended 1969, No. 11, eff. Feb. 26, 1969; 1985, No. 245 (Adj. Sess.), § 1; 2005, No. 27, § 72.)

§ 2542. Repealed. 1985, No. 245 (Adj. Sess.), § 1.

§ 2543. Board meetings

(a) The board shall meet, at least two times each year, at the call of the chairperson or upon the request of any other two members.

(b) [Repealed.]

(c) A majority of the members of the board shall be a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(d) The provisions of the Vermont Administrative Procedure Act, 3 V.S.A. chapter 25, relating to contested cases, shall apply to proceedings under this chapter.

(e) Fees for the service of process and attendance before the board shall be the same as the fees paid sheriffs and witnesses in superior court. (Added 1967, No. 364 (Adj. Sess.), § 6, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2005, No. 27, § 73; 2011, No. 116 (Adj. Sess.), § 30.)

§ 2544. Powers and duties of the board

(a) The board shall:

(1) adopt rules according to the provisions of 3 V.S.A. chapter 25, which are necessary for the performance of its duties;

(2) adopt an official seal;

(3) provide general information to applicants for admission to licensure as land surveyors;

(4) explain appeal procedures to licensees and applicants and complaint procedures to the public;

(5) adopt rules which establish the activities that must be completed by an applicant in order to fulfill the experience requirements established by this chapter. The rules shall require that the applicant's experience be under the supervision of a licensed land surveyor who has been licensed for three years or more, and shall not require that the applicant be in charge of the surveying. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of land surveying, but shall not limit admission to licensure unless there is good reason to believe that licensure of a particular applicant would be inconsistent with safeguarding property and the public welfare;

(6) inform prospective applicants that they may notify the board if, after reasonable effort, they have been unable to obtain supervision by a licensee for activities prerequisite to licensure. When the board receives such a notice, it may interview the prospective applicant, and thereafter shall take whatever action it considers appropriate;

(7) if applications for licensure by examination are pending, offer examinations at least twice each year and pass upon the qualifications of applicants;

(8) use the administrative and legal services provided by the office of professional regulation under 3 V.S.A. chapter 5;

(9) adopt rules establishing minimum standards of practice. Standards adopted by the board shall not exceed the minimum required to protect the public and shall be responsive to a demonstrated need to impose such standards. Rules adopted under this section shall relate to land surveying in the following areas:

(A) Researching deeds and other records.

(B) Measurements.

(C) Evaluation and verification of evidence pertaining to surveying.

(D) Monumentation.

(E) Survey reports and documents.

(b) The board may conduct disciplinary proceedings as provided for in 3 V.S.A. chapter 5.

(c)-(f) [Deleted.]  (Added 1967, No. 364 (Adj. Sess.), § 7, eff. Jan. 1, 1969; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; amended 1983, No. 230 (Adj. Sess.), § 17(5); 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 1991, No. 167 (Adj. Sess.), § 38a; 2005, No. 148 (Adj. Sess.), § 22.)

§§ 2545Repealed. 1997, No. 145 (Adj. Sess.), § 31.

§§ 2546-2549. Repealed. 1985, No. 245 (Adj. Sess.), § 1.

 

Sub-Chapter 3: Licenses

§ 2591. Applications

Applications for licensure shall be on forms provided by the board. Each application shall contain a statement under oath showing the applicant's education, land surveying experience, and other pertinent information and shall be accompanied by the required fee. (Added 1967, No. 364 (Adj. Sess.), § 13, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)

§ 2592. Licensure by examination

(a) Any person shall be eligible for licensure as a land surveyor if the person qualifies under one of the following provisions, as established by the board by rule:

(1) Bachelor's degree in land surveying, internship, portfolio, and examination. A person who has graduated with a bachelor's degree in land surveying from a program accredited by the Accreditation Board for Engineering and Technology (ABET), completed a 24-month internship, successfully completed a portfolio, and successfully completed the examinations required by the board may be granted a license.

(2) Associate's degree in land surveying, internship, portfolio, and examination. A person who has graduated with an associate's degree in land surveying from a program accredited by the ABET, completed a 36-month internship, successfully completed a portfolio, and successfully completed the examinations required by the board may be granted a license.

(3) Internship, portfolio, and examinations. An applicant who has completed a 72-month internship, successfully completed a portfolio, and passed the examinations required by the board may be granted a license.

(b) License examinations may consist of a national surveying examination selected by the board plus a Vermont portion. The Vermont portion shall be limited to those subjects and skills necessary to perform land surveying. (Added 1967, No. 364 (Adj. Sess.), § 14, eff. Jan. 1, 1969; amended 1969, No. 207 (Adj. Sess.), § 10, eff. March 24, 1970; 1971, No. 250 (Adj. Sess.), § 1; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.), § 38; 2009, No. 103 (Adj. Sess.), § 19; 2011, No. 66, § 7, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 31.)

§ 2592a. Licensure by endorsement

Upon an applicant's successful completion of the Vermont portion of the licensing examination, the board may issue a license to an applicant who is licensed or registered and currently in good standing in a United States or Canadian jurisdiction having licensing requirements which are substantially equivalent to the requirements of this chapter. The absence of a portfolio requirement in another jurisdiction shall not prevent the board from finding substantial equivalence. (Added 2011, No. 116 (Adj. Sess.), § 32.)

§ 2593. Corporations, limited liability companies, partnerships, associations; individual proprietorships; liability

(a) The right to practice land surveying is a personal right based on the qualities of the individual and evidenced by a nontransferable license.

(b) A corporation, limited liability company, partnership, association, or individual proprietorship may furnish land surveyor services provided a member or employee thereof is a licensed land surveyor and is in responsible charge of such surveys, and provided all land surveys are signed and stamped with the personal seal of the licensed land surveyor in responsible charge.

(c) A corporation, limited liability company, partnership, association, or individual proprietorship with which the land surveyor may practice shall be jointly and severally liable with the land surveyor for work performed. (Added 1967, No. 364 (Adj. Sess.), § 15, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 1997, No. 40, § 13.)

§ 2594. Repealed. 2011, No. 116 (Adj. Sess.), § 33.

§ 2595. Exceptions

(a) The work of an employee or subordinate of a person having a license under this chapter is exempted from the licensing provisions of this chapter if such work is done under the supervision of and is verified by a licensee.

(b) This chapter shall not be construed to apply to or to interfere with federal employees in the performance of their official duties.

(c) This chapter shall not be construed to apply to or to interfere with state employees in the performance of their official duties, provided that the work is being done under the supervision of a licensed land surveyor.

(d) [Repealed.]  (Added 1967, No. 364 (Adj. Sess.), § 17, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2009, No. 35, § 41; 2011, No. 116 (Adj. Sess.), § 34.)

§ 2596. Use of seal; certification

(a) Each licensed land surveyor shall procure a personal seal in a form approved by the board. The surveyor shall affix the surveyor's signature and seal together with a certification statement as to the nature of the survey work upon all completed maps, plats, surveys, or other documents before delivery thereof to any client or before any map, plat, survey, or other document is offered for filing at the office of the town clerk or any other proper authority. The certification statement shall clearly set forth what information was used as the basis of the survey and shall indicate that the survey work identified thereon is consistent with this information.

(b) Use of the seal for stamping or sealing documents after the corresponding certificate of licensure has expired or has been suspended or revoked unless the certificate has been renewed or reissued shall be unlawful. (Added 1967, No. 364 (Adj. Sess.), § 18, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)

§ 2597. Fees

Applicants and persons regulated under this chapter shall pay the

 following fees:

      (1) Application                                                                   $200.00

      (2) Biennial renewal of license                                          $400.00

 (Added 1967, No. 364 (Adj. Sess.), § 19, eff. Jan. 1, 1969; amended 1971, No. 250 (Adj. Sess.), § 2; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 58; 1991, No. 167 (Adj. Sess.), § 38b; 1997, No. 59, § 58, eff. June 30, 1997; 1999, No. 49, § 179; 2001, No. 143 (Adj. Sess.), § 28, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 18.)

 

§ 2598. Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a.

(b) Unprofessional conduct includes the following actions by a licensee:

(1) practicing or offering to practice beyond the scope permitted by law;

(2) accepting and performing responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;

(3) making any material misrepresentation with respect to the qualifications of or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission;

(4) [Repealed.]

(5) willfully acting, while serving as a board member, in any way to contravene the provisions of this chapter and thereby artificially restrict the entry of qualified persons into the profession;

(6) using the licensee's seal on documents prepared by others not in the licensee's direct supervision, or use the seal of another. (Added 1967, No. 364 (Adj. Sess.), § 20, eff. Jan. 1, 1969; amended 1971, No. 250 (Adj. Sess.), § 3; 1985, No. 245 (Adj. Sess.), § 1; 1991, No. 167 (Adj. Sess.), § 38c; 1997, No. 145 (Adj. Sess.), § 47; 2011, No. 66, § 7, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 35.)

§ 2599. Repealed. 2011, No. 116 (Adj. Sess.), § 36.

§ 2600. Repealed. 1989, No. 250 (Adj. Sess.), § 92.

§ 2601. Renewals

(a) Licenses shall be renewed every two years upon payment of the renewal fee following the procedure established by the office of professional regulation.

(b) [Repealed.]

(c) A license which has lapsed for a period of three years or less may be renewed upon application and payment of the renewal fee and the late penalty fee.

(d) As a condition of renewal, the board shall require that a licensee establish that he or she has completed continuing education, as approved by the board not to exceed 15 hours for each year of renewal.

(e) The board may renew the license of an individual whose license has lapsed for more than three years upon payment of the required fee and the late renewal penalty, provided the individual has satisfied all the requirements for renewal established by the board by rule. (Added 1993, No. 108 (Adj. Sess.), § 11; amended 2011, No. 116 (Adj. Sess.), § 37.)

§ 2602. Expired. 1997, No. 77 (Adj. Sess.), § 2, as amended by 1999, No. 52, § 42.