Task Force on NCEES Model Law for Surveying Karen Schuckman Task Force Member (ASPRS) Report and Slides Available at .

Task Force on NCEES Model Task Force on NCEES Model Law for SurveyingLaw for Surveying

Karen Schuckman

Task Force Member (ASPRS)

Report and Slides Available at

www.asprs.org

Task Force OrganizationsTask Force Organizations

American Congress on Surveying and Mapping (ACSM)

American Society of Civil Engineers - Geomatics Division (ASCE)

American Society for Photogrammetry and Remote Sensing (ASPRS)

Management Association for Private Photogrammetric Surveyors (MAPPS)

National Society of Professional Surveyors (NSPS)

Task Force MembersTask Force Members

ACSM John Dailey (P)Cleveland, Ohio

David Gibson (A)Gainesville, Florida

ASCE Robert C. Burtch (A)Big Rapids, Michigan

Steven D. Johnson (A)West Lafayette, Indiana

MAPPS George Gross (P)Portland, Oregon

Mike Ritchie (P)Lexington, Kentucky

NSPS Al Matherly (P)Louisville, Kentucky

Greg Johnson (P)Marietta, Georgia

ASPRS Karen Schuckman (P)High Point, N. Carolina

Doug Fuller (P)Sheboygan, Wisconsin

Facilitator Jim Plasker (G/NP)Oak Hill, Virginia

1995/8 Model Law:1995/8 Model Law:

(4)Practice of Land Surveying ‑ The term "Practice of Land Surveying" within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of land surveying includes, but is not limited to, any one or more of the following:

1995/8 Model Law:1995/8 Model Law: Practice of Land Surveying includes… any one or more of the following: (a) Locates, relocates, establishes,

reestablishes, lays out, or retraces any property line or boundary of any tract of land or any road, right of way, easement, alignment, or elevation of any of the fixed works embraced within the practice of land surveying.

1995/8 Model Law:1995/8 Model Law:

Practice of Land Surveying includes…

(b) Makes any survey for the subdivision of any tract of land.

(c) Determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces any such monument or reference point.

1995/8 Model Law:1995/8 Model Law:

Practice of Land Surveying includes…

(d) Determines the configuration or contour of the earth’s surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.

1995/8 Model Law:1995/8 Model Law:

Practice of Land Surveying includes…

(e) Geodetic surveying which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry.

1995/8 Model Law:1995/8 Model Law: Practice of Land Surveying includes…

(f) Creates, prepares, or modifies electronic or computerized data, including land formation (sic) systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (e).

Why should we be concerned?Why should we be concerned?

exploding growth of the market increased exposure of the public increasing participation of the business

investment interests historically unfamiliar with the mapping sciences

fuzzy distinction between products and services

some mapping activities beyond traditional land surveying clearly affect health, safety and welfare of the public

Issues Addressed by 1997 Task Issues Addressed by 1997 Task Force ReportForce Report

Identity/Titling Education requirements Examinations Grandfathering Reciprocity/Comity Exclusion of Practice Continuing Education/Professional Development

NCEES Actions on 1997 Task NCEES Actions on 1997 Task Force ReportForce Report

Grandfathering (1998) Identity/Titling (1999) Reciprocity/Comity (1999) Examinations (in progress) Exclusion of Practice (in progress) Education requirements (long term) Continuing Education/Professional Development

(long term)

NCEES Status as of August 1999NCEES Status as of August 1999

Endorsed Actions - Buffalo (1999)

– Offer jurisdictions choice of title “Professional Land Surveyor” or “Professional Surveyor”

– Segregate “geomatics” activities from boundary determination activities in model law definition of practice

NCEES Status as of August 1999 NCEES Status as of August 1999 (cont)(cont)

Endorsed Actions - Buffalo (1999)

– Provide for jurisdiction-level waiver of examination on land surveyingfor those who want to practice only in the areas of “geomatics”

– Strengthen disciplinary action language for practicing outside areas of competence

Task Force Status as of August 1999Task Force Status as of August 1999

Task Force next to address

– definition of GIS activities

– examination issues

Invitations extended to/accepted by:

- NSGIC

- UCGIS

- URISA

GIS Community IssuesGIS Community Issues

Breadth of Preamble Paragraph

Applicability of Licensing

– Practice v. Use of Tools

– Regulatory Interest: High v. Low

Entrance: Grandfather vs. Exam

Certification vs. Licensing

Exclusion of PracticeExclusion of Practice

Definition vs. Exclusion

Regulatory Interest by Category

North Carolina Guidelines

North Carolina Board GuidelinesNorth Carolina Board Guidelines

Not Regulated:

- Common road maps … water or air navigation charts

- Gazetteer or atlas

- Maps prepared for... use in the curriculum

- Maps produced by broadcast or print media

- Transcription of existing geo-referenced data into GIS/LIS

systems

North Carolina Guidelines North Carolina Guidelines (cont.)(cont.)

Not Regulated:

- Maps prepared by lay persons for conversational or illustrative purposes...including advertising

material and users guides

- Transcription of public record data into a cadastre, [including records] maintenance

- [Mapping] by the Defense Mapping Agency or any other Federal ... agency that shows no

property boundaries

North Carolina Guidelines North Carolina Guidelines (cont.)(cont.)

Not Regulated:

- Documents prepared by the US Census Bureau and documents or databases using census data

- Maps and data bases created by … full time employees of [a] firm, of features that are wholly contained within [the firm’s] properties, so long as the data is held by that firm and is not made available to persons or firms or agencies outside that firm

North Carolina Guidelines North Carolina Guidelines (cont.)(cont.)

Not Regulated:

- Maps and data bases depicting the distribution of natural resources prepared by [other professionals] so long as any property boundaries … are either supplied by a professional land surveyor or transcribed from public deed or plat records

- Maps and geo-referenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute

North Carolina Guidelines North Carolina Guidelines (cont.)(cont.)

Regulated:

- Maps and geo-referenced databases of any man-made or topographic feature by either terrestrial surveying methods, photogrammetric or GPS locations. This includes all base maps and data bases prepared by any person, firm, or government agency where that data is available to the public unless specifically exempted in the list above or by General Statute.

North Carolina Guidelines North Carolina Guidelines (cont.)(cont.)

Regulated:

- The following framework data should be developed under the supervision of a Professional Land Surveyor:

•Geodetic Control•Orthoimagery•Elevation•Transportation

Task Force Status as of August 1999Task Force Status as of August 1999

Task Force next to address:

– further clarification of GIS activities

– examination issues

Remaining Issues:

– educational requirements

– continuing education

Questions ?Questions ?

Representation on state BoardsGIS certificationothers?