2013 WISCONSIN ACT
358
An Act
to repeal
236.12 (4), 236.12 (5), 236.20 (1) (b), 443.01 (4), 443.06 (2) (a), 443.06 (2) (b), 443.06 (2) (c), 443.06 (2) (e), 443.06 (2) (em), 443.06 (3), 443.14 (8) (intro.), 443.14 (8) (b), 443.14 (8) (c) and 443.14 (8) (d);
to renumber and amend
60.84 (1), 236.11 (2), 236.12 (8), 236.15 (1) (intro.), 236.15 (1) (a), 236.21 (1) (b), 236.32 (except 236.32 (title)) and 443.14 (8) (a);
to consolidate, renumber and amend
236.12 (2) (intro.) and (a) and 236.12 (3) and (6);
to amend
15.405 (2) (intro.), (a) and (b), 20.165 (2) (j), 26.09 (3) (b) 1., 30.11 (3), 30.13 (3) (a), 59.20 (2) (c), 59.43 (8), 59.45 (1) (a) 2., 59.45 (1) (b), 59.45 (3), 59.46, 59.72 (3m) (a) 4m., 59.73 (2), 59.74 (2) (b) 1., 59.74 (2) (c), 59.74 (2) (g), 59.74 (2) (h), 59.74 (2) (j), 59.75, 60.84 (2), 60.84 (3) (a), 60.84 (3) (c) (intro.) and 1., 60.84 (4), 66.0309 (11), 70.27 (2), 70.27 (5), 70.27 (6), 70.27 (7) (intro.), 70.27 (7) (d), 84.095 (5), 157.07 (1), 157.07 (2), 157.07 (3), 236.02 (2m), 236.03 (2), 236.12 (2) (b), 236.13 (2) (a), 236.13 (2m), 236.15 (1) (b), 236.15 (1) (d), 236.15 (2), 236.16 (3) (title), 236.16 (3) (a), 236.16 (3) (b), 236.16 (4), 236.20 (1) (a), 236.20 (2) (g), 236.20 (2) (k), 236.20 (3) (b), 236.20 (4) (b), 236.20 (5) (c), 236.21 (1) (intro.), 236.21 (1) (a), 236.21 (1) (d), 236.25 (2) (a), 236.25 (2) (c), 236.25 (2) (d), 236.34 (1) (a), 236.34 (1) (b), 236.34 (1) (c), 236.34 (1) (d) (intro.), 236.34 (1) (d) 1., 236.34 (1) (d) 2., 236.34 (1) (d) 4., 236.34 (1) (e), 236.34 (2) (b) 1., 293.37 (2) (a), 295.48 (1) (intro.), 440.03 (13) (b) 34., 440.08 (2) (a) 39., chapter 443 (title), 443.01 (3), 443.01 (3r) (c), 443.02 (4), 443.06 (title), 443.06 (1) (title), 443.06 (1) (a), 443.06 (1) (b), 443.06 (2) (intro.), 443.06 (2) (am), 443.06 (2) (bm), 443.06 (2) (cm), 443.06 (2) (d), 443.10 (title), 443.10 (2) (b), 443.10 (5), 443.12 (title), 443.12 (1), 443.12 (2), 443.12 (3), 443.12 (4), 443.14 (11), 443.18 (2) (b), 470.025 (7), 703.02 (6m), 703.11 (2) (intro.), 703.11 (2) (b), 703.11 (4), 703.115 (1) (b), 703.13 (6) (e), 703.13 (7) (c), 703.13 (8) (c), 707.215 (2) (intro.), 707.215 (3), 707.215 (5) (intro.), 709.02 (1), 709.07 and 893.37;
to create
59.001 (3r), 60.84 (1g), 60.84 (3) (c) 3., 157.061 (13m), 236.02 (9b), 236.025, 236.11 (2) (b), 236.12 (2) (ac), 236.20 (6), 236.32 (2m), 236.34 (4), 443.01 (1m), 443.01 (3b), 443.01 (6s), 443.01 (7m), 443.134, 443.14 (8m), 443.14 (16), 443.14 (17), 443.14 (18), 703.02 (13r) and 710.09 of the statutes; and
to affect
2009 Wisconsin Act 376
, section
13 (1)
;
relating to:
professional land surveyors; the practice of professional land surveying; surveying land abutting navigable waters; various changes regarding platting, surveying, and certified survey maps; and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:
15.405
(2)
Examining board of architects, landscape architects, professional engineers, designers
,
and
professional
land surveyors.
(intro.) There is created an examining board of architects, landscape architects, professional engineers, designers
,
and
professional
land surveyors in the department of safety and professional services. Any professional member appointed to the examining board shall be registered
or licensed
to practice architecture, landscape architecture, professional engineering, the design of engineering systems
,
or
professional
land surveying under ch. 443. The examining board shall consist of the following members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 professional engineers, 3 designers, 3
professional
land surveyors
,
and 10 public members.
(a) In operation, the examining board shall be divided into an architect section, a landscape architect section, an engineer section, a designer section
,
and a
professional
land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers
,
and shall meet at least twice annually.
(b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration
or licensure
, and all other matters of interest to either the architect, landscape architect, engineer, designer
,
or
professional
land surveyor section shall be acted upon solely by the interested section.
20.165
(2)
(j)
Safety and building operations.
The amounts in the schedule for the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2)
(a)
(ap)
, 236.13 (1) (d) and (2m), and 236.335, for the purpose of transferring the amounts in the schedule under par. (kg) to the appropriation account under par. (kg), and for the purpose of transferring the amounts in the schedule under par. (km) to the appropriation account under par. (km). All moneys received under ch. 145, ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under
2005 Wisconsin Act 45
, section
76 (6)
, shall be credited to this appropriation
account
.
Section
3
.
26.09 (3) (b) 1. of the statutes is amended to read:
26.09
(3)
(b) 1. A court shall award damages that equal the stumpage value of the raw forest products harvested if the person harvesting the raw forest products or the person giving consent for the harvesting reasonably relied upon a recorded survey that was done by a person who is
registered
licensed under ch. 443
as a
professional
land surveyor
or who is issued a permit to practice land surveying under s. 443.06
even if the recorded survey is determined, after the harvesting, to be in error.
Section
4
.
30.11 (3) of the statutes is amended to read:
30.11
(3)
How established.
Whenever any municipality proposes to establish a bulkhead line or to reestablish an existing bulkhead line, the municipality shall indicate both the existing shore and the proposed bulkhead line upon a map and shall file with the department for its approval 6 copies of the map and 6 copies of the ordinance establishing the bulkhead line. The map shall use a scale of not less than 100 feet to an inch or any other scale required by the department. The map and a metes and bounds description of the bulkhead line shall be prepared by a
professional
land surveyor
registered in this state
licensed under ch. 443
. The department may require the installation of permanent reference markers to the bulkhead line. Upon approval by the department, the municipality shall deliver the map, description
,
and ordinance to the office of the register of deeds of the county in which the bulkhead line lies, to be recorded by the register of deeds.
Section
5
.
30.13 (3) (a) of the statutes is amended to read:
30.13
(3)
(a) Any municipality authorized by s. 30.11 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a
registered
professional
land surveyor
licensed under ch. 443
and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.
Section
6
.
59.001 (3r) of the statutes is created to read:
59.001
(3r)
"Professional land surveyor" means a professional land surveyor licensed under ch. 443.
Section
7
.
59.20 (2) (c) of the statutes is amended to read:
59.20
(2)
(c) In counties that elect a surveyor, the surveyor shall be a
registered
professional
land surveyor. In lieu of electing a surveyor in any county having a population of less than 500,000, the board may, by resolution, designate that the duties under ss. 59.45 (1) and 59.74 (2) be performed by any
registered
professional
land surveyor employed by the county.
Any surveyor employed by a county having a population of 500,000 or more shall be a professional land surveyor.
Section
8
.
59.43 (8) of the statutes is amended to read:
59.43
(8)
Required signature and seal on survey document for filing or recording.
It is unlawful for the register of deeds of any county or any proper public authority to file or record a map, plat, survey
,
or other document within the definition of
the practice of professional
land surveying
under s. 443.01 (6s)
, which does not have impressed thereon, and affixed thereto, the personal signature and seal of a
registered
professional
land surveyor under whose responsible charge the map, plat, survey
,
or other document was prepared. This subsection does not apply to any deed, contract
,
or other recordable document prepared by an attorney, or to
a transportation project plat that conforms to s. 84.095 and that is prepared by a state agency
an order, including any map or other document filed with the order, that is recorded under subch. I or VI of ch. 77
.
Section
9
.
59.45 (1) (a) 2. of the statutes is amended to read:
59.45
(1)
(a) 2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept for that purpose, of all corners that are set and the manner of fixing the corners
and of all bearings and the distances of all courses run
, of each survey made personally, by deputies or by other
professional
land surveyors and arrange or index the record so it is an
easy to use
easy-to-use
reference and file and preserve in the office the original field notes and calculation thereof. Within 60 days after completing any survey, the county surveyor shall make a true and correct copy of the foregoing record, in record books or on reproducible papers to be furnished by the county and kept in files in the office of the county surveyor to be provided by the county. In a county with a population of 500,000 or more where there is no county surveyor, a copy of the record shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
Section
10
.
59.45 (1) (b) of the statutes is amended to read:
59.45
(1)
(b) Surveys for individuals or corporations may be performed by any
professional
land surveyor who is employed by the parties requiring the services, providing that within 60 days after completing any survey the
professional
land surveyor files a true and correct copy of the survey in the office of the county surveyor. In counties with a population of 500,000 or more the copy shall be filed in the office of the register of deeds and in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
Section
11
.
59.45 (3) of the statutes is amended to read:
59.45
(3)
Surveyor; fees.
In addition to the regular fees of
professional
land surveyors that are received from the parties employing the county surveyor, the county surveyor may receive a salary from the county.
Section
12
.
59.46 of the statutes is amended to read:
59.46
Penalty for nonfeasance.
Any county surveyor, any city, village
,
or town engineer, or any
professional
land surveyor who fails or refuses to perform any duty required of that person by law shall forfeit not less than $25 nor more than $50 for each such failure or refusal.
Section
13
.
59.72 (3m) (a) 4m. of the statutes is amended to read:
59.72
(3m)
(a) 4m. The county surveyor or a
registered
professional land surveyor employed within the county.
Section
14
.
59.73 (2) of the statutes is amended to read:
59.73
(2)
Subdividing sections.
Whenever a
county
surveyor
or professional land surveyor
is required to subdivide a section or smaller subdivision of land established by the United States survey, the
county
surveyor
or professional land surveyor
shall proceed according to the statutes of the United States and the rules and regulations made by the secretary of the interior in conformity to the federal statutes. While so engaged a
professional land
surveyor and the
professional land
surveyor's assistants shall not be liable as a trespasser and shall be liable only for any actual damage done to land or property.
Section
15
.
59.74 (2) (b) 1. of the statutes is amended to read:
59.74
(2)
(b) 1. Whenever it becomes necessary to destroy, remove
,
or cover up in such a way that will make it inaccessible for use, any landmark, monument of survey, or corner post within the meaning of this subsection, the person including employees of governmental agencies who intend to commit such act shall serve written notice at least 30 days prior to the act upon the county surveyor of the county within which the landmark is located. Notice shall also be served upon the municipality's engineer if the landmark is located within the corporate limits of a municipality. The notice shall include a description of the landmark, monument of survey
,
or corner post and the reason for removing or covering it. In this paragraph, removal of a landmark includes the removal of railroad track by the owner of the track. In a county having a population of less than 500,000 where there is no county surveyor, notice shall be served upon the clerk. In a county with a population of 500,000 or more where there is no county surveyor, notice shall be served upon the executive director of the regional planning commission which acts in the capacity of county surveyor for the county. Notwithstanding par. (c), upon receipt of the notice the clerk shall appoint a
registered
professional
land surveyor to perform the duties of a county surveyor under subd. 2.
Section
16
.
59.74 (2) (c) of the statutes is amended to read:
59.74
(2)
(c) In those counties where there are no county surveyors a petition can be made to the board by any resident of this state requesting the board to appoint a
professional
land surveyor to act in the capacity of the county surveyor. The board, upon receipt of this petition, shall appoint a
professional
land surveyor to act in the capacity of the county surveyor. In counties with a population of 500,000 or more, the board may appoint a governmental agency to act in the capacity of county surveyor.
Section
17
.
59.74 (2) (g) of the statutes is amended to read:
59.74
(2)
(g) Every
professional
land surveyor and every officer of the department of natural resources and the district attorney shall enforce this subsection.
Section
18
.
59.74 (2) (h) of the statutes is amended to read:
59.74
(2)
(h) Any
registered
professional
land surveyor employed by the department of transportation or by a county highway department, may, incident to employment as such, assume and perform the duties and act in the capacity of the county surveyor under this subsection with respect to preservation and perpetuation of landmarks, witness monuments
,
and corner posts upon and along state trunk, county trunk
,
and town highways. Upon completing a survey and perpetuating landmarks and witness monuments under par. (b) 2., a
professional
land surveyor employed by the state shall file the field notes and records in the district office or main office of the department of transportation, and a
professional
land surveyor employed by a county shall file the field notes and records in the office of the county highway commissioner, open to inspection by the public, and in either case a true and correct copy of the field notes and records shall be filed with the county surveyor. In a county with a population of 500,000 or more where there is no county surveyor, a copy of the field notes and records shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
Section
19
.
59.74 (2) (j) of the statutes is amended to read:
59.74
(2)
(j) The county surveyor may employ other
professional
land surveyors to assist in this work and may accept reference checks for these corners from any
professional
land surveyor.
Section
20
.
59.75 of the statutes is amended to read:
59.75
Certificates and records as evidence.
The certificate and also the official record of the county surveyor when produced by the legal custodian thereof, or any of the county surveyor's deputies, when duly signed by the county surveyor in his or her official capacity, shall be admitted as evidence in any court within the state, but the same may be explained or rebutted by other evidence. If any county surveyor or any of his or her deputies are interested in any tract of land a survey of which becomes necessary, such survey may be executed by any
professional
land surveyor appointed by the board.
Section
21
.
60.84 (1) of the statutes is renumbered 60.84 (1r) and amended to read:
60.84
(1r)
Survey, contract for.
The town board may contract with the county surveyor or any
registered
professional
land surveyor to survey all or some of the sections in the town and to erect monuments under this section as directed by the board.
Section
22
.
60.84 (1g) of the statutes is created to read:
60.84
(1g)
Definition.
In this section, "professional land surveyor" means a professional land surveyor licensed under ch. 443.
Section
23
.
60.84 (2) of the statutes is amended to read:
60.84
(2)
Bond.
Before the town board executes a contract under sub.
(1)
(1r)
, the
county surveyor or professional land
surveyor shall execute and file with the town board a surety bond or other financial security approved by the town board.
Section
24
.
60.84 (3) (a) of the statutes is amended to read:
60.84
(3)
(a) Monuments shall be set on section and quarter-section corners established by the United States survey. If there is a clerical error or omission in the government field notes or if the bearing trees, mounds
,
or other location identifier specified in the notes is destroyed or lost, and if there is no other reliable evidence by which a section or quarter-section corner can be identified, the
county surveyor or professional land
surveyor shall reestablish the corner under the rules adopted by the federal government in the survey of public lands. The
county surveyor or professional land
surveyor shall set forth his or her actions under this paragraph in the
certificate
U.S. public land survey monument record
under sub. (4).
Section
25
.
60.84 (3) (c) (intro.) and 1. of the statutes are amended to read:
60.84
(3)
(c) (intro.) To establish, relocate
,
or perpetuate a corner, the
county surveyor or professional land
surveyor shall set in the proper place a monument, as determined by the town board, consisting of
any of the following
:
1. A stone or other equally durable material, not less than 3 feet long and 6 inches square, with perpendicular, dressed sides and a square, flat top. As prescribed by the town board, the top shall be engraved with either
of the following
:
a. A cross formed by lines connecting the corners of the top
; or
.
b. If the monument is set at a section corner, the number of the section or, if set at a quarter-section corner, "1/4S"
; or
.
Section
26
.
60.84 (3) (c) 3. of the statutes is created to read:
60.84
(3)
(c) 3. An equivalent monument agreed upon by all parties of the contract.
Section
27
.
60.84 (4) of the statutes is amended to read:
60.84
(4)
Certificate
U.S. public land survey monument record
.
The
county surveyor or professional land
surveyor shall prepare a
certificate
U.S. public land survey monument record
setting forth a complete and accurate record of any
survey
monument erected on section and quarter section corners
under this section, including the
exact
bearings and distances of each monument from each other monument nearest it on any line in the town. The
certificate
U.S. public land survey monument record and a map of any additional monuments set
shall be recorded in the office of the register of deeds
or filed in the office of the county surveyor
of the county in which the surveyed land is located
and of the adjoining county if a monument is located on the county line
.
Section
28
.
66.0309 (11) of the statutes is amended to read:
66.0309
(11)
Matters referred to regional planning commission.
The officer or public body of a local governmental unit within the region having final authority may refer to the regional planning commission, for its consideration and report, the location or acquisition of land for any of the items or facilities
which
that
are included in the adopted regional master plan. Within 20 days after the matter is referred to the regional planning commission or a longer period as may be stipulated by the referring officer or public body, the commission shall report its recommendations to the referring officer or public body. The report and recommendations of the commission shall be advisory only. A state agency may authorize the regional planning commission with the consent of the commission to act for the agency in approving, examining
,
or reviewing plats
,
under s. 236.12 (2)
(a)
(ap)
. A regional planning commission authorized by a local unit on November 1, 1980
,
to act for the local unit in approving plats may continue to so act until the commission withdraws its consent or the local unit its approval. A local unit may authorize a regional planning commission, with the consent of the commission, to conduct an advisory review of plats.
Section
29
.
70.27 (2) of the statutes is amended to read:
70.27
(2)
Certification, approval, recording.
Such plat, when completed and certified as provided by this section, and when approved by the governing body, shall be acknowledged by the clerk thereof and recorded in the office of the register of deeds.
No plat may be recorded in the office of the register of deeds unless it is produced on media that is acceptable to the register of deeds.
Section
30
.
70.27 (5) of the statutes is amended to read:
70.27
(5)
Surveys, reconciliations.
The surveyor making the plat shall
be a professional land surveyor licensed under ch. 443 and shall
survey and lay out the boundaries of each parcel, street, alley, lane, roadway, or dedication to public or private use, according to the records of the register of deeds, and whatever evidence that may be available to show the intent of the buyer and seller, in the chronological order of their conveyance or dedication, and set temporary monuments to show the results of such survey which shall be made permanent upon recording of the plat as provided for in this section. The map shall be at a scale of not more than 100 feet per inch, unless waived in writing by the department of administration under s. 236.20 (2) (L). The owners of record of lands in the plat shall be notified by certified letter mailed to their last-known address, in order that they shall have opportunity to examine the map, view the temporary monuments, and make known any disagreement with the boundaries as shown by the temporary monuments. It is the duty of the
professional land
surveyor making the plat to reconcile any discrepancies that may be revealed, so that the plat as certified to the governing body is in conformity with the records of the register of deeds as nearly as is practicable. When boundary lines between adjacent parcels, as evidenced on the ground, are mutually agreed to in writing by the owners of record, such lines shall be the true boundaries for all purposes thereafter, even though they may vary from the metes and bounds descriptions previously of record. Such written agreements shall be recorded in the office of the register of deeds. On every assessor's plat, as certified to the governing body, shall appear the volume, page
,
and document number of the metes and bounds description of each parcel, as recorded in the office of the register of deeds, which shall be identified with the number by which such parcel is designated on the plat, except that lots which have been conveyed or otherwise acquired but upon which no deed is recorded in the office of register of deeds may be shown on an assessor's plat and when so shown shall contain a full metes and bounds description.
Section
31
.
70.27 (6) of the statutes is amended to read:
70.27
(6)
Monuments, plat requirements.
The provisions of s. 236.15 as to monuments, and the provisions of s. 236.20 as to form and procedure, insofar as they are applicable to the purposes of assessors' plats, shall apply. Any stake or monument found and accepted as correct by a
professional land
surveyor laying out an assessor's plat shall be indicated as "stake found" or "monument found" when mapping the plat and such stake or monument shall not be removed or replaced even though it is inconsistent with the standards of s. 236.15.
Section
32
.
70.27 (7) (intro.) of the statutes is amended to read:
70.27
(7)
Certificate.
(intro.) When completed, the assessor's plat shall be filed with the clerk of the governing body that ordered the plat. On its title page shall appear the sworn certificate of the
professional land
surveyor who made the plat, which shall state and contain:
Section
33
.
70.27 (7) (d) of the statutes is amended to read:
70.27
(7)
(d) A statement that the
professional land
surveyor has fully complied with the provisions of this section in filing the same.
Section
34
.
84.095 (5) of the statutes is amended to read:
84.095
(5)
Surveyor's
Professional land surveyor's
certificate.
A plat prepared for filing or recording under this section shall include a certificate of a
professional
land surveyor
registered
licensed
under s. 443.06 that the plat is a correct representation of the project described and that the identification and location of each parcel can be determined from the plat. This subsection does not apply to plats prepared by the department.
Section
35
.
157.061 (13m) of the statutes is created to read:
157.061
(13m)
"Professional land surveyor" means a professional land surveyor licensed under ch. 443.
Section
36
.
157.07 (1) of the statutes is amended to read:
157.07
(1)
A cemetery authority shall cause to be surveyed and platted by a
professional
land surveyor
registered in this state
those portions of the lands that are from time to time required for burial, into cemetery lots, drives
,
and walks, and record a plat or map of the land in the office of the register of deeds. The plat or map may not be recorded unless laid out and platted to the satisfaction of the county board of the county, and the town board of the town in which the land is situated, or, if the land is situated within a 1st class city, then only by the common council of that city.
Section
37
.
157.07 (2) of the statutes is amended to read:
157.07
(2)
The
plat or map
location of the lands
shall
show the exact location of the tract being subdivided with reference to a corner or corners established in the United States public land survey by bearings and distances
be indicated on the plat or map by bearing and distance from a boundary line of a government lot, quarter section, recorded private claim, or federal reservation in which the subdivision is located. The monumentation at the ends of the boundary line shall be described and the bearing and distance between them shown
, and
the plat or map
shall show a small scale drawing of the section or government subdivision of the section in which the cemetery plat is situated, with the cemetery plat indicated. The plat or map shall include the certificate of the
professional land
surveyor containing the name of the cemetery authority, the date of the survey, the
professional land
surveyor's stamp or seal and signature
,
and the
professional land
surveyor's statement that the survey is true
and correct
to the
professional land
surveyor's best knowledge and belief.
Section
38
.
157.07 (3) of the statutes is amended to read:
157.07
(3)
The plat or map shall be made on a durable white media that is 22 inches wide by 30 inches long
, or on any other media that is acceptable to the register of deeds,
with a permanent nonfading black image. Seals or signatures that are reproduced on images that comply with this subsection have the force and effect of original seals and signatures. When more than one sheet is used for any one plat or map, they shall be numbered consecutively and each sheet shall contain a notation showing the whole number of sheets in the plat, and its relation to the other sheets. The sheets may be provided by the county through the register of deeds on terms determined by the county board. The
professional land
surveyor shall leave a binding margin of
1.5 inches on the left side of the 30-inch length and a one-inch margin
one inch
on all
other
sides.
Section
39
.
236.02 (2m) of the statutes is amended to read:
236.02
(2m)
"Correction instrument" means an instrument drafted by a
licensed
professional
land surveyor that complies with the requirements of s. 236.295 and that, upon recording, corrects a subdivision plat or a certified survey map.
Section
40
.
236.02 (9b) of the statutes is created to read:
236.02
(9b)
"Professional land surveyor" means a professional land surveyor licensed under ch. 443.
Section
41
.
236.025 of the statutes is created to read:
236.025
Ordinary high water marks.
(1)
For purposes of ss. 236.15 (1) (ag) and (d) and 236.20 (2) (g), a professional land surveyor may do any of the following:
(a) Incorporate into a map, plat, or survey an ordinary high water mark that has been determined by the department of natural resources or otherwise determined pursuant to law.
(b) Approximate the ordinary high water mark and incorporate that mark into a map, plat, or survey.
(2)
For purposes of sub. (1) (b), the location of the approximate ordinary high water mark shall be the point on the bank of a navigable stream or on the shore of a lake up to which the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction of terrestrial vegetation, or other easily recognized characteristics. If the approximate location of the ordinary high water mark is difficult to determine, a professional land surveyor may consider other points on the bank or shore for purposes of approximating the location of the ordinary high water mark.
(3)
For purposes of this section, a map, plat, or survey that shows an approximate ordinary high water mark shall state on its face that the mark is shown for reference only.
Section
42
.
236.03 (2) of the statutes is amended to read:
236.03
(2)
This chapter does not apply to cemetery plats made under s. 157.07 and assessors' plats made under s. 70.27, but such assessors' plats shall, except in counties having a population of 500,000 or more, comply with ss. 236.15 (1)
(a)
(ac)
to (g) and 236.20 (1) and (2) (a) to (e), unless waived under s. 236.20 (2) (L).
Section
43
.
236.11 (2) of the statutes is renumbered 236.11 (2) (a) and amended to read:
236.11
(2)
(a) The
subdivider or subdivider's agent shall submit to the
body or bodies having authority to approve plats
an electronic copy of the final plat or a copy of the final plat that is capable of legible reproduction. The approving authority or authorities
shall approve or reject the final plat within 60 days of its submission, unless the time is extended by agreement with the subdivider
or subdivider's agent
. When the approving authority is a municipality and determines to approve the plat, it shall give at least 10 days' prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of such proposed plat but failure to give such notice shall not invalidate any such plat. If a plat is rejected, the reasons therefor shall be stated in the minutes of the meeting and a copy thereof or a written statement of the reasons
shall be
supplied
to
the subdivider
or subdivider's agent
. If the approving authority fails to act within 60 days and the time has not been extended by agreement and if no unsatisfied objections have been filed within that period, the plat shall be deemed approved, and, upon demand, a certificate to that effect shall be made on the face of the plat by the clerk of the authority
which
that
has failed to act.
Section
44
.
236.11 (2) (b) of the statutes is created to read:
236.11
(2)
(b) The approval of the approving authority or authorities may be based on the copy submitted under par. (a) but the approval must be inscribed on the recordable plat document. Before inscribing its approval, the approving authority shall require the subdivider or subdivider's agent to certify the respects in which the recordable plat document differs from the copy, if any. An approving authority must approve all modifications in the final plat before it gives final approval to the plat. No approving authority may inscribe its final approval on a plat before the affixing of the certificate by the department under s. 236.12 (3).
Section
45
.
236.12 (2) (intro.) and (a) of the statutes are consolidated, renumbered 236.12 (2) (ap) and amended to read:
236.12
(2)
(ap) Within 2 days after a preliminary or final plat is submitted
for approval, legible copies, together with a list of the authorities to which the plat must be submitted for approval under s. 236.10 or objection under this subsection, furnished by the subdivider at the subdivider's expense, shall be sent, by the clerk or secretary of the approving authority to which the plat is submitted, to the following agencies which have authority
under par. (ac), the department shall transmit an electronic copy of the plat, or, if the department prefers, 2 legible hard copies of the plat, to each state agency authorized
to object to the plat
: (a) Two copies for each of the state agencies required to review the plat to the department which shall examine the plat for compliance with ss. 236.15, 236.16, 236.20 and 236.21 (1) and (2)
under this paragraph
. If the subdivision abuts or adjoins a state trunk highway or connecting highway, the department shall transmit
2
a copy or
copies
of the plat
to the department of transportation so that
the
agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. If the subdivision is not served by a public sewer and provision for that service has not been made, the department shall transmit
2
a copy or
copies
of the plat
to the department of safety and professional services so that
that
the
agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure the agencies may designate local officials to act as their agents in examining the plats for compliance with the statutes or their rules by filing a written delegation of authority with the approving body.
Section
46
.
236.12 (2) (ac) of the statutes is created to read:
236.12
(2)
(ac) The subdivider or subdivider's agent shall submit an electronic copy of the preliminary or final plat, or a copy of the preliminary or final plat that is capable of clearly legible reproduction, to the department, which shall examine the plat for compliance with ss. 236.15, 236.16, 236.20, and 236.21 (1) and (2).
Section
47
.
236.12 (2) (b) of the statutes is amended to read:
236.12
(2)
(b)
Four copies
Within 2 days after a preliminary or final plat is submitted under par. (ac), the department shall transmit an electronic copy of the plat, or, if the department prefers, 4 legible hard copies of the plat,
to the county planning agency, if the agency employs on a full-time basis a professional engineer, a planner, or other person charged with the duty of administering planning legislation and adopts a policy requiring submission so that
the
body may determine if it has any objection to the plat on the basis of
a
conflict with park, parkway, expressway, major highways, airports, drainage channels, schools, or other planned public developments. If no county planning agency exists, then 2 copies to the county park commission except that in a county with a county executive or county administrator, 2 copies to the county park manager, if the subdivision abuts a county park or parkway so that
the
body may determine if it has any objection to the plat on the basis of
a
conflict with the park or parkway development.
Section
48
.
236.12 (3) and (6) of the statutes are consolidated, renumbered 236.12 (3) and amended to read:
236.12
(3)
Within 20 days
of
after
the date of receiving the copies of the plat any agency having authority to object under sub. (2) shall notify the subdivider
or subdivider's agent
and all
approving or objecting authorities
other agencies having the authority to object
of any objection based upon failure of the plat to comply with the statutes or rules
which
that
its examination under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the
approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the 20-day limit it shall be deemed to have no objection to the plat. No approving authority may inscribe its approval on a plat prior to the affixing of the certificates under either sub. (4) or (6).
(6)
In lieu of the procedure under subs. (2) to (5), the subdivider or the subdivider's agent may submit the original plat to the department which shall forward 2 copies to each of the agencies authorized by sub. (2) to
9
department shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat any agency having authority to object under sub. (2) shall notify the subdivider, and all agencies having the authority to object, of any objection based upon failure of the plat to comply with the statutes or rules which its examination under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the
department. After each agency and the department have certified that they have no objection or that their objections have been satisfied, the department shall so certify on the face of the plat. If an agency fails to act within 20 days from the date
of the receipt of
on which it received the copy or
copies of the plat, and the department fails to act within 30 days
of receipt of the original
from the date on which it received the copy of the
plat
,
it shall be deemed that there are no objections to the plat and, upon demand,
it
the department
shall
be
so
certified
certify
on the face of the plat
by the department
.
Section
49
.
236.12 (4) of the statutes is repealed.
Section
50
.
236.12 (5) of the statutes is repealed.
Section
51
.
236.12 (8) of the statutes is renumbered 236.12 (4m) and amended to read:
236.12
(4m)
In order to facilitate approval of the final plat
where
whenever
more than one approval is required, the subdivider
may
or subdivider's agent shall
file
a true copy of the plat
with
the
each
approving authority
or authorities with which the original of the final plat has not been filed. The approval of such authorities may be based on such copy but shall be inscribed on the original of the final plat. Before inscribing its approval, the approving authority shall require the surveyor or the owner to certify the respects in which the original of the final plat differs from the copy. All modifications in the final plat shall be approved before final approval is given
a true copy of the plat that the subdivider or subdivider's agent submitted to the department
.
Section
52
.
236.13 (2) (a) of the statutes is amended to read:
236.13
(2)
(a) As a further condition of approval, the governing body of the town or municipality within which the subdivision lies may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider execute a surety bond or provide other security to ensure that he or she will make those improvements within a reasonable time. The subdivider may construct the project in such phases as the governing body approves, which approval may not be unreasonably withheld. If the subdivider's project will be constructed in phases, the amount of any surety bond or other security required by the governing body shall be limited to the phase of the project that is currently being constructed. The governing body may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements.
This paragraph applies to all preliminary and final plats, regardless of whether submitted for approval before, on, or after the effective date of this paragraph .... [LRB inserts date].
Section
53
.
236.13 (2m) of the statutes is amended to read:
236.13
(2m)
As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any
lake, any
navigable stream,
lake
or
any
other body of navigable water or if land in the proposed plat involves lake or
navigable
stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of safety and professional services, to protect the public health and safety, may require assurance of adequate drainage areas for private on-site wastewater treatment systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.
Section
54
.
236.15 (1) (intro.) of the statutes is renumbered 236.15 (1) (ac) and amended to read:
236.15
(1)
(ac) All of the monuments required in pars.
(a)
(ag)
to (h) shall be placed flush with the ground
where
if
practicable.
Whenever placement of a monument under this subsection is required at a corner or point that falls within a street or proposed future street, the monument shall be placed in the side line of the street if practicable.
Section
55
.
236.15 (1) (a) of the statutes is renumbered 236.15 (1) (ag) and amended to read:
236.15
(1)
(ag) The external boundaries of a subdivision shall be monumented in the field by monuments of concrete containing a ferrous rod one-fourth inch in diameter or greater imbedded its full length, not less than 18 inches in length, not less than 4 inches square or 5 inches in diameter, and marked on the top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least 18 inches long and 2 inches in diameter weighing not less than 3.65 pounds per lineal foot. Solid round or square iron bars of equal or greater length or weight per foot may be used in lieu of pipes wherever pipes are specified in this section. These monuments shall be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along the meander line, said points to be not less than 20 feet back from the
determined or approximated
ordinary high water mark
of the lake or from the bank of the stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed in the side line of the street
.
Section
56
.
236.15 (1) (b) of the statutes is amended to read:
236.15
(1)
(b) All internal boundaries and those corners and points not required to be marked by par.
(a)
(ag)
shall be monumented in the field by like monuments as defined in par.
(a)
(ag)
. These monuments shall be placed at all block corners, at each end of all curves, at the point where a curve changes its radius, and at all angle points in any line.
Section
57
.
236.15 (1) (d) of the statutes is amended to read:
236.15
(1)
(d) The lines of lots, outlots, parks and public access and land dedicated to the public that extend to lakes or
to navigable
streams shall be monumented in the field by iron pipes at least 18 inches long and one inch in diameter weighing not less than 1.13 pounds per lineal foot, or by round or square iron bars at least 18 inches long and weighing not less than 1.13 pounds per lineal foot. These monuments shall be placed at the point of intersection of the lake or
navigable
stream lot line with a meander line established not less than 20 feet back from the
determined or approximated
ordinary high water mark
of the lake or from the bank of the stream
.
Section
58
.
236.15 (2) of the statutes is amended to read:
236.15
(2)
Accuracy of survey.
The survey shall be performed by a
professional
land surveyor
registered in this state
and if the error in the latitude and departure closure of the survey or any part thereof is greater than the ratio of one in 3,000, the plat may be rejected.
Section
59
.
236.16 (3) (title) of the statutes is amended to read:
236.16
(3)
(title)
Lake and
navigable
stream shore plats
; public access
.
Section
60
.
236.16 (3) (a) of the statutes is amended to read:
236.16
(3)
(a) All subdivisions abutting on a
navigable
lake or
a navigable
stream shall provide public access at least 60 feet wide providing access to the
low watermark
water's edge
so that there will be public access, which is connected to existing public roads, at not more than one-half mile intervals as measured along the lake or
the navigable
stream shore except where greater intervals and wider access is agreed upon by the department of natural resources and the department, and excluding shore areas where public parks or open-space streets or roads on either side of
a
the navigable
stream are provided.
Section
61
.
236.16 (3) (b) of the statutes is amended to read:
236.16
(3)
(b) No public access established under this chapter may be vacated except by circuit court action as provided in s. 236.43
, except that such public access may be discontinued under s. 66.1003, subject to s. 66.1006
.
Section
62
.
236.16 (4) of the statutes is amended to read:
236.16
(4)
Lake and
navigable
stream shore plats
; land between meander line and water's edge
.
The lands lying between the meander line, established in accordance with s. 236.20 (2) (g), and the water's edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or
a navigable
stream. This subsection applies not only to lands proposed to be subdivided but also to all lands under option to the subdivider or in which the subdivider holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or
a navigable
stream.
Section
63
.
236.20 (1) (a) of the statutes is amended to read:
236.20
(1)
(a) The plat shall have
a binding margin 1 1/2 inches wide on the left side, and
a one-inch margin on all
other
sides. A graphic scale of not more than 100 feet to one inch shall be shown on each sheet showing layout features. When more than one sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the plat and showing the relation of that sheet to the other sheets and each sheet shall bear the subdivision and county name.
Section
64
.
236.20 (1) (b) of the statutes is repealed.
Section
65
.
236.20 (2) (g) of the statutes is amended to read:
236.20
(2)
(g) All
lake or stream
shore meander lines
for all lakes or navigable streams that are
established by the
professional land
surveyor in accordance with s. 236.15 (1) (d), the distances and bearings thereof, and the distance between the point of intersection of such meander lines with lot lines and the
determined or approximated
ordinary high water mark.
Section
66
.
236.20 (2) (k) of the statutes is amended to read:
236.20
(2)
(k) When a street is on a circular curve, the main chords of the right-of-way lines shall be drawn as dotted or dashed lines in their proper places. All curved lines shall show, either on the lines or in an adjoining table, the radius of the circle, the central angle subtended, the chord bearing, the chord length
,
and the arc length for each segment. The tangent bearing shall be shown for each end of the main chord for all
nontangent
circular lines. When a circular curve of 30-foot radius or less is used to round off the intersection between 2 straight lines, it shall be tangent to both straight lines. It is sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to the point of intersection of the straight lines.
Section
67
.
236.20 (3) (b) of the statutes is amended to read:
236.20
(3)
(b) The location of the subdivision shall be indicated by bearing and distance from a boundary line of a
government lot monumented in the original survey or resurvey of Wisconsin,
quarter section, recorded private claim
,
or federal reservation in which the subdivision is located. The monumentation at the ends of the boundary line shall be described and the bearing and distance between them shown.
Section
68
.
236.20 (4) (b) of the statutes is amended to read:
236.20
(4)
(b) All lands dedicated to public use
except roads and streets
shall be clearly marked "Dedicated to the Public".
Section
69
.
236.20 (5) (c) of the statutes is amended to read:
236.20
(5)
(c) The water elevations of adjoining lakes or
navigable
streams at the date of the survey and the approximate high
and low
water elevations of those lakes or streams. All elevations shall be referred to some permanent established datum plane.
Section
70
.
236.20 (6) of the statutes is created to read:
236.20
(6)
Public trust information.
A final plat of a subdivision, or a certified survey map of land, to which s. 236.16 (4) applies shall show on its face the following statement:
"Any land below the ordinary high water mark of a lake or a navigable stream is subject to the public trust in navigable waters that is established under article IX, section 1, of the state constitution."
Section
71
.
236.21 (1) (intro.) of the statutes is amended to read:
236.21
(1)
Surveyor's
Professional land surveyor's
certificate of compliance with statute.
(intro.) The certificate of the
professional land
surveyor who surveyed, divided
,
and mapped the land giving all of the following information, which shall have the same force and effect as an affidavit:
Section
72
.
236.21 (1) (a) of the statutes is amended to read:
236.21
(1)
(a) By whose direction the
professional land
surveyor made the survey, subdivision
,
and plat of the land described on the plat.
Section
73
.
236.21 (1) (b) of the statutes is renumbered 236.21 (1) (b) 1. and amended to read:
236.21
(1)
(b) 1.
A
Except as provided in subd. 2., a
clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range, and county and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of the section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the subdivision is located.
2.
If the land is
located
shown
in a recorded subdivision
or
plat,
recorded addition
thereto, the land shall be described by the number or other description of the lot, block or subdivision thereof,
to a recorded subdivision plat, or recorded certified survey map
that has previously been tied to
a corner marked and established by the U.S. public land survey
the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof
.
Section
74
.
236.21 (1) (d) of the statutes is amended to read:
236.21
(1)
(d) A statement that the
professional land
surveyor has fully complied with the provisions of this chapter in surveying, dividing
,
and mapping the land.
Section
75
.
236.25 (2) (a) of the statutes is amended to read:
236.25
(2)
(a) It is a permanent nonfading black image on durable white media that is 22 inches wide by 30 inches long
or on other media that is acceptable to the register of deeds
, complies with the requirements of s. 59.43 (2m) (b) 4., and bears a department certification of no objection. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals;
Section
76
.
236.25 (2) (c) of the statutes is amended to read:
236.25
(2)
(c) The plat shows on its face all the certificates and affidavits required by ss.
236.21 and
236.12
(4)
(3) and 236.21
;
Section
77
.
236.25 (2) (d) of the statutes is amended to read:
236.25
(2)
(d) The plat shows on its face the approval of all bodies required by s. 236.10 to approve or the certificate of the clerk that the plat is deemed approved under s. 236.11 (2)
(a)
.
Section
78
.
236.32 (except 236.32 (title)) of the statutes is renumbered 236.32 (1m), and 236.32 (1m) (intro.), (a) and (c), as renumbered, are amended to read:
236.32
(1m)
(intro.) Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail
for any of the following violations
:
(a) Any owner,
professional land
surveyor
,
or subdivider who fails to place monuments as prescribed in this chapter when subdividing land.
(c)
Fails
Any person who fails
to replace properly any monuments
which
that
have been removed or disturbed when ordered to do so by the governing body of the municipality or county in which the subdivision is located.
Section
79
.
236.32 (2m) of the statutes is created to read:
236.32
(2m)
Each monument to which a violation under sub. (1m) applies constitutes a separate violation.
Section
80
.
236.34 (1) (a) of the statutes is amended to read:
236.34
(1)
(a) The survey shall be performed and the map prepared by a
professional
land surveyor
registered in this state
. The error in the latitude and departure closure of the survey may not exceed the ratio of one in 3,000.
Section
81
.
236.34 (1) (b) of the statutes is amended to read:
236.34
(1)
(b) All corners shall be monumented in accordance with s. 236.15 (1)
(ac),
(c), (d), and (g).
Section
82
.
236.34 (1) (c) of the statutes is amended to read:
236.34
(1)
(c) The map shall be prepared in accordance with
s.
ss. 236.16 (4) and
236.20 (2) (a), (b), (c), (e), (f), (g), (h), (i), (j), (k), and (L) and (3) (b), (d), and (e) at a graphic scale of not more than 500 feet to an inch, which shall be shown on each sheet showing layout features. The map shall be prepared with a binding margin 1.5 inches wide and a 0.5 inch margin on all other sides on durable white media that is 8 1/2 inches wide by 14 inches long
, or on other media that is acceptable to the register of deeds,
with a permanent nonfading black image. When more than one sheet is used for any map, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the map and showing the relationship of that sheet to the other sheets. "CERTIFIED SURVEY MAP" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range and county noted. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals.
Section
83
.
236.34 (1) (d) (intro.) of the statutes is amended to read:
236.34
(1)
(d) (intro.) The map shall include a certificate of the
professional land
surveyor who surveyed, divided
,
and mapped the land which has the same force and effect as an affidavit and which gives all of the following information:
Section
84
.
236.34 (1) (d) 1. of the statutes is amended to read:
236.34
(1)
(d) 1. By whose direction the
professional land
surveyor made the survey, division
,
and map of the land described on the certified survey map.
Section
85
.
236.34 (1) (d) 2. of the statutes is amended to read:
236.34
(1)
(d) 2. A clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range and county; and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of a section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the land is located
; or if
. If, however,
the land is
located
shown
in a recorded subdivision
or
plat,
recorded addition to a recorded subdivision
, then by the number or other description of the lot, block or subdivision, which
plat, or recorded certified survey map that
has previously been tied to
a corner marked and established by the U.S. public land survey
the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof
.
Section
86
.
236.34 (1) (d) 4. of the statutes is amended to read:
236.34
(1)
(d) 4. A statement that the
professional land
surveyor has fully complied with the provisions of this section in surveying, dividing
,
and mapping the land.
Section
87
.
236.34 (1) (e) of the statutes is amended to read:
236.34
(1)
(e) A certified survey map may be used for dedication of streets and other public areas
, and for granting easements to the public or any person, society, or corporation marked or noted on the map,
when owners' certificates and mortgagees' certificates which are in substantially the same form as required by s. 236.21 (2) (a) have been executed and the city council or village or town board involved have approved such dedication
or grant
. Approval and recording of such certified surveys shall have the force and effect provided by s. 236.29.
Section
88
.
236.34 (2) (b) 1. of the statutes is amended to read:
236.34
(2)
(b) 1. The certified survey map is offered for record within
6
12
months after the date of the last approval of the map and within
24
36
months after the
date of the
first approval of the map.
Section
89
.
236.34 (4) of the statutes is created to read:
236.34
(4)
Vacation.
A certified survey map may be vacated by the circuit court of the county in which the parcels of land are located in the same manner and with like effect as provided in ss. 236.40 to 236.44, except that application for vacation of the certified survey map may be made by any of the following:
(a) The owner of any lot or outlot in the land that is the subject of the certified survey map.
(b) The county board if the county has acquired an interest by tax deed in any lot or outlot in the land that is the subject of the certified survey map.
Section
90
.
293.37 (2) (a) of the statutes is amended to read:
293.37
(2)
(a) A mining plan, including a description and a detailed map of the proposed mining site drawn to a scale approved by the department. Aerial photographs may be accepted if the photographs show the details to the satisfaction of the department. The map, plan
,
or photograph shall be prepared and certified by a competent engineer,
licensed professional
surveyor
,
or other person approved by the department, and shall show the boundaries of the area of land which will be affected
,
;
the drainage area above and below the area
,
;
the location and names of all streams, roads, railroads, pipelines
,
and utility lines on or within 1,000 feet of the site
,
;
the name of the owner or owners of the site
,
;
the name of the city, village
,
or town in which the site is located
;
and the name of any other city, village
,
or town if within 3 miles of the site. The map or photograph shall be accompanied by descriptive data as required by the department, including but not limited to the soil conservation service soil capabilities classifications of the affected area, the anticipated geometry of the excavation, the estimated total production of tailings produced, the nature and depth of the overburden, the elevation of the water table
,
and such other information about the geology of the deposit as the department, after consultation with the geological and natural history survey, finds is necessary to evaluate the applicant's mining plan and reclamation plan.
Section
91
.
295.48 (1) (intro.) of the statutes, as created by
2013 Wisconsin Act 1
, is amended to read:
295.48
(1)
General.
(intro.) An applicant for a mining permit shall submit as part of the application a mining plan that includes a description of the proposed mining site and either a detailed map drawn to a scale approved by the department or aerial photographs, if the photographs show the details to the satisfaction of the department, prepared and certified by a competent engineer,
licensed professional
surveyor, or other person approved by the department that show all of the following:
Section
92
.
440.03 (13) (b) 34. of the statutes is amended to read:
440.03
(13)
(b) 34. Land surveyor
, professional
.
Section
93
.
440.08 (2) (a) 39. of the statutes is amended to read:
440.08
(2)
(a) 39. Land surveyor
, professional
: February 1 of each even-numbered year.
Section
94
.
Chapter 443 (title) of the statutes is amended to read:
CHAPTER 443
EXAMINING BOARD OF ARCHITECTS,
LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS,
DESIGNERS
,
AND
professional
LAND SURVEYORS
Section
95
.
443.01 (1m) of the statutes is created to read:
443.01
(1m)
"Construction surveying" means surveying or mapping that is performed in support of infrastructure design, in support of improvements related to private and public boundary lines, or in support of construction layout or historic preservation, and establishing any postconstruction documentation related to that surveying or mapping.
Section
96
.
443.01 (3) of the statutes is amended to read:
443.01
(3)
"Examining board" means the examining board of architects, landscape architects, professional engineers, designers
,
and
professional
land surveyors.
Section
97
.
443.01 (3b) of the statutes is created to read:
443.01
(3b)
"Geodetic surveying" means surveying to determine the size and shape of the earth or the precise positions of points on the surface of the earth.
Section
98
.
443.01 (3r) (c) of the statutes is amended to read:
443.01
(3r)
(c) Professional services performed by a
registered
professional
land surveyor
or by a person who has in effect a permit under s. 443.06 (3)
.
Section
99
.
443.01 (4) of the statutes is repealed.
Section
100
.
443.01 (6s) of the statutes is created to read:
443.01
(6s)
"Practice of professional land surveying" means any of the following:
(a) Any service comprising the establishment or reestablishment of the boundaries of one or more tracts of land or the boundaries of any of the following interests in real property:
1. The rights-of-way of roads or streets.
2. Air or subsurface property rights.
3. Public or private easements.
(b) Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.
(c) Placing, replacing, restoring, or perpetuating monuments in or on the ground to evidence the location of a point that is necessary to establish boundaries of one or more tracts of land or the subdivision or consolidation of one or more tracts of land or to describe the boundaries of any interest in real property identified in par. (a).
(d) Preparing maps that depict any interest in real property identified in par. (a) for the purpose of establishing the boundaries of any such interest in real property.
(e) Preparing any of the following:
1. An official map established or amended under s. 62.23 (6), established or amended under the authority of s. 61.35, or adopted under s. 60.61.
2. An assessor's plat under s. 70.27.
3. A map or plat of cemetery lands under s. 157.07.
4. A subdivision plat, certified survey map, or correction instrument under ch. 236.
5. A condominium plat or correction instrument under ch. 703.
6. A project and time-share property plat under s. 707.215.
(f) Performing construction surveying or geodetic surveying in connection with any of the practices specified in pars. (a) to (e).
Section
101
.
443.01 (7m) of the statutes is created to read:
443.01
(7m)
"Professional land surveyor" means a person who, by reason of his or her knowledge of law, mathematics, physical sciences, and measurement techniques, acquired by education and practical experience, is granted a license under this chapter to engage in the practice of professional land surveying.
Section
102
.
443.02 (4) of the statutes is amended to read:
443.02
(4)
No person may
engage in or offer to engage in the
practice
of professional
land surveying in this state or use or advertise any title or description tending to convey the impression that the person is a
professional
land surveyor unless the person has been
issued a certificate of registration or
granted a
permit to practice
license
under this chapter
to engage in the practice of professional land surveying
.
Section
103
.
443.06 (title) of the statutes is amended to read:
443.06
(title)
Registration
Licensure
requirements for
professional
land surveyors.
Section
104
.
443.06 (1) (title) of the statutes is amended to read:
443.06
(1)
(title)
Registration
Licensure
, application, qualifying experience.
Section
105
.
443.06 (1) (a) of the statutes is amended to read:
443.06
(1)
(a) Application for
registration as a land surveyor or
a
permit
license
to
engage in the
practice
of professional land surveying
shall be made to the
professional land surveyor
section
of the examining board
under oath, on forms provided by the department, which shall require the applicant to submit such information as the
professional
land surveyor section
of the examining board
deems necessary. The
professional
land surveyor section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335, shall be entitled to be
registered or issued
granted
a
permit
license
to
engage in the
practice
as
of professional
land
surveyors
surveying
when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).
Section
106
.
443.06 (1) (b) of the statutes is amended to read:
443.06
(1)
(b) Each year, but not more than 4 years, of work or training completed in a curriculum in
the practice of professional
land surveying approved by the
professional
land surveyor section, or
of
responsible charge of
land surveying
teaching
the practice of professional land surveying
may be considered as equivalent to one year of qualifying experience in
land surveying work
the practice of professional land surveying
, and each year, but not more than 4 years
,
completed in a curriculum other than
the practice of professional
land surveying approved by the
professional
land surveyor section, may be considered as equivalent to one-half year of qualifying experience.
Section
107
.
443.06 (2) (intro.) of the statutes is amended to read:
443.06
(2)
Requirements;
certificate of registration
license
.
(intro.) The
professional
land surveyor section may grant a
certificate of registration as a
license to engage in the practice of professional
land
surveyor
surveying
to any person who has submitted to it an application, the required fees, and one or more of the following:
Section
108
.
443.06 (2) (a) of the statutes is repealed.
Section
109
.
443.06 (2) (am) of the statutes is amended to read:
443.06
(2)
(am) Evidence satisfactory to the
professional
land surveyor section that he or she has received a bachelor's degree in a course in
the practice of professional
land surveying or a related field that has a duration of not less than 4 years and is approved by the
professional
land surveyor section, and that he or she has engaged in
the practice of professional land surveying for
at least 2 years
of land surveying
and has demonstrated
practice of satisfactory character that indicates that the applicant is competent to
engage in the
practice
of professional
land surveying, if the applicant has passed an oral and written or written examination administered by the
professional
land surveyor section.
This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.
Section
110
.
443.06 (2) (b) of the statutes is repealed.
Section
111
.
443.06 (2) (bm) of the statutes is amended to read:
443.06
(2)
(bm) Evidence satisfactory to the
professional
land surveyor section that he or she has received an associate degree in a course in
the practice of professional
land surveying or a related field that has a duration of not less than 2 years and is approved by the
professional
land surveyor section, and that he or she has engaged in
the practice of professional land surveying for
at least 4 years
of land surveying
and has demonstrated
practice of satisfactory character that indicates that the applicant is competent to
engage in the
practice
of professional
land surveying, if the applicant has passed an oral and written or written examination administered by the
professional
land surveyor section.
This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.
Section
112
.
443.06 (2) (c) of the statutes is repealed.
Section
113
.
443.06 (2) (cm) of the statutes is amended to read:
443.06
(2)
(cm) Evidence satisfactory to the
professional
land surveyor section that he or she has engaged in
the practice of professional land surveying for
at least 10 years
of land surveying
and has demonstrated
practice of satisfactory character that indicates that the applicant is competent to
engage in the
practice
of professional
land surveying, if the applicant has passed an oral and written or written examination administered by the
professional
land surveyor section. This paragraph applies to
actions of the land surveyor section on
applications for
licenses to engage in the practice of professional
land
surveyors' certificates
surveying
that are submitted to the
professional
land surveyor section after June 30, 2000
and before July 1, 2019
.
Section
114
.
443.06 (2) (d) of the statutes is amended to read:
443.06
(2)
(d) An unexpired certificate of registration
, certificate of certification, or license
as a land surveyor
or to engage in the practice of professional land surveying
issued to the applicant by the proper authority in any state or territory or possession of the United States or in any other country whose requirements meet or exceed the requirement for
registration
licensure
in this subsection, if the applicant has passed an oral and written or written examination administered by the
professional
land surveyor section.
Section
115
.
443.06 (2) (e) of the statutes is repealed.
Section
116
.
443.06 (2) (em) of the statutes is repealed.
Section
117
.
443.06 (3) of the statutes is repealed.
Section
118
.
443.10 (title) of the statutes is amended to read:
443.10
(title)
Applications, certificates,
licenses,
rules
,
and roster.
Section
119
.
443.10 (2) (b) of the statutes is amended to read:
443.10
(2)
(b) The fees for examinations and
licenses
credentials, as defined in s. 440.01 (2) (a),
granted under this chapter are specified in s. 440.05, and the fee for renewal of such
licenses
credentials
is determined by the department under s. 440.03 (9) (a).
Section
120
.
443.10 (5) of the statutes is amended to read:
443.10
(5)
Fees; renewals.
The
professional
land
surveyor's
surveyor
section shall grant a
certificate of registration as a
license to engage in the practice of professional
land
surveyor
surveying
to any applicant who has met the applicable requirements of this chapter. The renewal date for the
certificate
license
is specified under s. 440.08 (2) (a), and the renewal fee for the
certificate
license
is determined by the department under s. 440.03 (9) (a).
Section
121
.
443.12 (title) of the statutes is amended to read:
443.12
(title)
Disciplinary proceedings against
professional
land surveyors.
Section
122
.
443.12 (1) of the statutes is amended to read:
443.12
(1)
The
professional land surveyor
section may reprimand
a professional land surveyor,
or limit, suspend
,
or revoke the
certificate of registration
license
of any
professional
land surveyor
,
for the practice of any fraud or deceit in obtaining the
certificate
license
, or any gross negligence, incompetence
,
or misconduct in the practice of
professional
land surveying.
Section
123
.
443.12 (2) of the statutes is amended to read:
443.12
(2)
Charges of fraud, deceit, gross negligence, incompetence
,
or misconduct may be made against any
professional land
surveyor by the
professional land surveyor
section or any person. Such charges may be made on information and belief, but shall be in writing, stating the specific acts, be signed by the complainant and be submitted to the examining board. All charges shall be heard according to the rules promulgated under s. 440.03 (1).
Section
124
.
443.12 (3) of the statutes is amended to read:
443.12
(3)
If after a hearing 3 members vote in favor of reprimand or limiting, suspending
,
or revoking the
certificate of registration
license
of a
professional
land surveyor, the
professional land surveyor
section shall notify the surveyor to that effect. The surveyor shall return the
certificate
license
to the examining board immediately on receipt of notice of a revocation. The action of the
professional land surveyor
section may be reviewed under ch. 227.
Section
125
.
443.12 (4) of the statutes is amended to read:
443.12
(4)
The
professional land surveyor
section, for reasons it deems sufficient, may reinstate a
certificate of registration
license to engage in the practice of professional land surveying
that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a
certificate of registration
license
that is revoked under s. 440.12.
Section
126
.
443.134 of the statutes is created to read:
443.134
Exception for photogrammetry
and construction surveying.
Nothing in this chapter may be construed to prohibit a person who has not been granted a license to engage in the practice of professional land surveying under this chapter from utilizing photogrammetry or remote sensing techniques or performing topographic surveying, construction surveying, or geodetic surveying for purposes other than a boundary establishment or reestablishment specified in s. 443.01 (6s).
Section
128e
.
443.14 (8) (intro.) of the statutes is repealed.
Section
128m
.
443.14 (8) (a) of the statutes is renumbered 443.14 (8) and amended to read:
443.14
(8)
An employee of a
professional
land surveyor
registered in this state or authorized to practice under a permit
, while
working
doing surveying work
under the supervision of the employer
. Such exempt
, if the
employee
shall
is
not
be
in responsible charge of
the practice of professional
land surveying.
Section
129
.
443.14 (8) (b) of the statutes is repealed.
Section
130
.
443.14 (8) (c) of the statutes is repealed.
Section
131e
.
443.14 (8) (d) of the statutes is repealed.
Section
131m
.
443.14 (8m) of the statutes is created to read:
443.14
(8m)
(a) Subject to par. (b), an employee or contractor of any of the following while engaged in land surveying is exempt from the provisions of this chapter:
1. The provider of a broadcast service, as defined in s. 196.01 (1m).
2. The provider of a cable service, as defined in s. 196.01 (1p).
3. A commercial mobile radio service provider, as defined in s. 196.01 (2g).
4. A public utility, as defined in s. 196.01 (5).
5. A telecommunications provider, as defined in s. 196.01 (8p).
6. A video service provider, as defined in s. 196.01 (12r).
7. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only.
(b) The exemption under par. (a) applies only if the employee or contractor is engaged in services described in s. 443.01 (6s) (a) 3., (c), (d), or (f) for or on behalf of the provider or cooperative.
Section
132
.
443.14 (11) of the statutes is amended to read:
443.14
(11)
Any
professional
land surveyor
registered
licensed
under s. 443.06 who is engaged in the planning, design, installation
,
or regulation of land and water conservation activities under ch. 92 or s. 281.65.
Section
132e
.
443.14 (16) of the statutes is created to read:
443.14
(16)
A person who performs services related to natural resources management if any map that is prepared as a part of those services contains the following statement: "This map is not a survey of the actual boundary of any property this map depicts." In this subsection, "natural resources management" includes all of the following:
(a) The management of state lands under ss. 23.09, 23.11, 27.01, and 28.04.
(b) The control of invasive species, as defined in s. 23.22 (1) (c).
(c) The cultivation or harvesting of raw forest products, as defined in s. 26.05 (1).
(d) The management of county forests under s. 28.11.
(e) The practice of forestry, as defined in s. 77.81 (2), including sustainable forestry, as defined in s. 28.04 (1) (e); any services provided in connection with an order, or the preparation of an application for an order, under subch. I or VI of ch. 77; and any forestry operation, as defined in s. 823.075 (1) (c).
Section
132m
.
443.14 (17) of the statutes is created to read:
443.14
(17)
A person who prepares a map that depicts temporary trails, easements, or other uses of lands if the map contains the following statement: "This map is not a survey of the actual boundary of any property this map depicts."
Section
132s
.
443.14 (18) of the statutes is created to read:
443.14
(18)
An employee or agent of the department of natural resources, department of agriculture, trade and consumer protection, department of transportation, public service commission, board of commissioners of public lands, or department of military affairs who creates a geographic information systems map if done within the scope of his or her employment or agency.
Section
133
.
443.18 (2) (b) of the statutes is amended to read:
443.18
(2)
(b) If it appears upon complaint
to the examining board by any person,
or is known to the
land surveyor section of the
examining board that any person who
is not authorized is practicing or offering
does not have a license
to
engage in the
practice
of professional
land surveying in this state,
or who is not exempt or excepted from the licensure requirements under this chapter, is engaging in or offering to engage in the practice of professional land surveying in this state,
the
professional
land surveyor section
, the examining board, the department
, the department of justice, or the district attorney of the proper county may
investigate and may
, in addition to
any
other remedies, bring action in the name and on behalf of the state to enjoin the person from
practicing
engaging in
or offering to
engage in the
practice
of professional
land surveying.
Section
134
.
470.025 (7) of the statutes is amended to read:
470.025
(7)
A
professional
land surveyor
registered
licensed
under ch. 443 who is engaged in the planning, design, installation
,
or regulation of land and water conservation activities under ch. 92 or s. 281.65.
Section
135
.
703.02 (6m) of the statutes is amended to read:
703.02
(6m)
"Correction instrument" means an instrument drafted by a
licensed
professional
land surveyor that complies with the requirements of s. 59.43 (2m) and that, upon recording, corrects an error in a condominium plat. "Correction instrument" does not include an instrument of conveyance.
Section
136
.
703.02 (13r) of the statutes is created to read:
703.02
(13r)
"Professional land surveyor" means a professional land surveyor licensed under ch. 443.
Section
137
.
703.11 (2) (intro.) of the statutes is amended to read:
703.11
(2)
Required particulars.
(intro.) A condominium plat may consist of one or more sheets
, shall be produced on media that is acceptable to the register of deeds,
and shall contain at least the following particulars:
Section
138
.
703.11 (2) (b) of the statutes is amended to read:
703.11
(2)
(b) A survey of the property described in the declaration complying with minimum standards for property surveys adopted by the examining board of architects, landscape architects, professional engineers, designers and
professional
land surveyors and showing the location of any unit or building located or to be located on the property.
Section
139
.
703.11 (4) of the statutes is amended to read:
703.11
(4)
Surveyor's
Professional land surveyor's
certificate.
A condominium plat is sufficient for the purposes of this chapter if there is attached to or included in it a certificate of a
licensed
professional
land surveyor
authorized to practice that profession in this state
that the plat is a correct representation of the condominium described and the identification and location of each unit and the common elements can be determined from the plat.
Section
140
.
703.115 (1) (b) of the statutes is amended to read:
703.115
(1)
(b) Provides that a condominium instrument may be rejected only if it fails to comply with the applicable requirements of ss. 703.095, 703.11 (2) (a), (c) and (d) and (3), 703.275 (5) and 703.28 (1m) or if the
professional land
surveyor's certificate under s. 703.11 (4) is not attached to or included in the condominium plat.
Section
141
.
703.13 (6) (e) of the statutes is amended to read:
703.13
(6)
(e) Plats and plans showing the altered boundaries and the dimensions thereof between adjoining units, and their identifying numbers or letters, shall be prepared. The plats and plans shall be certified as to their accuracy in compliance with this subsection by a civil engineer, architect
,
or
licensed
professional
land surveyor
authorized to practice his or her profession in the state
.
Section
142
.
703.13 (7) (c) of the statutes is amended to read:
703.13
(7)
(c) Plats and plans showing the boundaries and dimensions separating the new units together with their other boundaries and their new identifying numbers or letters shall be prepared. The plats and plans shall be certified as to their accuracy and compliance with this subsection by a civil engineer, architect
,
or
licensed
professional
land surveyor
authorized to practice his or her profession in the state
.
Section
143
.
703.13 (8) (c) of the statutes is amended to read:
703.13
(8)
(c) Plats and plans showing the boundaries and dimensions of the new unit together with the new identifying number or letter shall be prepared. The plats and plans shall be certified as to their accuracy and compliance with this subsection by a civil engineer, architect, or
licensed
professional
land surveyor
authorized to practice in this state
.
Section
144
.
707.215 (2) (intro.) of the statutes is amended to read:
707.215
(2)
Required contents.
(intro.) A plat filed for recording under sub. (1) may consist of one or more sheets
, shall be produced on media that is acceptable to the register of deeds,
and shall contain at least all of the following:
Section
145
.
707.215 (3) of the statutes is amended to read:
707.215
(3)
Form of maps and plans.
All survey maps and floor plans submitted for recording shall be legibly prepared with a binding margin of
1.5 inches on the left side and a one-inch margin
one inch
on all
other
sides on durable white media that is 14 inches in length and 22 inches in width
, or on other media that is acceptable to the register of deeds,
with a permanent nonfading black image. The maps and plans shall be drawn to a convenient scale.
Section
146
.
707.215 (5) (intro.) of the statutes is amended to read:
707.215
(5)
Surveyor's
Professional land surveyor's
certificate.
(intro.) A plat is sufficient for the purposes of this chapter if attached to or included in the plat is a certificate of a
professional
land surveyor licensed
to practice in this state
under ch. 443
, and the certificate provides all of the following:
Section
147
.
709.02 (1) of the statutes is amended to read:
709.02
(1)
In regard to transfers described in s. 709.01, the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale or option contract, to the prospective buyer of the property a completed copy of the report under s. 709.03 or 709.033, whichever is applicable, subject to s. 709.035, except that the owner may substitute for any entry information supplied by a licensed engineer,
professional
land surveyor,
as defined in s. 443.01 (7m),
or structural pest control operator, by an individual who is a qualified 3rd party, or by a contractor about matters within the scope of the contractor's occupation, if the information is in writing and is furnished on time and if the entry to which it relates is identified, and except that the owner may substitute for any entry information supplied by a public agency. Information that substitutes for an entry on the report under s. 709.03 or 709.033 and that is supplied by a person specified in this section may be submitted and certified on a supplemental report prepared by the person, as long as the information otherwise satisfies the requirements under this section. A prospective buyer who does not receive a report within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale or option contract by delivering a written notice of recision to the owner or to the owner's agent.
Section
148
.
709.07 of the statutes is amended to read:
709.07
Liability precluded.
An owner is not liable for an error or omission in a report under s. 709.03 or 709.033 if the owner had no knowledge of that error or omission, if the error or omission was based on information provided by a public agency, by a licensed engineer,
professional
land surveyor
, as defined in s. 443.01 (7m)
, structural pest control operator, or qualified 3rd party, or by a contractor about matters within the scope of the contractor's occupation.
Section
149
.
710.09 of the statutes is created to read:
710.09
Navigable stream does not divide parcel.
Unless otherwise provided by local ordinance, a navigable stream running through a parcel of land does not, in and of itself, divide the parcel into 2 parcels if the parcel, on both sides of the stream, is owned by the same owner.
Section
150
.
893.37 of the statutes is amended to read:
893.37
Survey.
No action may be brought against an engineer or any
professional
land surveyor
, as defined in s. 443.01 (7m),
to recover damages for negligence, errors
,
or omission in the making of any survey nor for contribution or indemnity related to such negligence, errors
,
or omissions more than 6 years after the completion of a survey.
[
2009 Wisconsin Act 376
] Section 13 (1) The treatment of section 236.13 (1) (b)
and (2) (a)
of the statutes first applies to preliminary plats or, in cases in which no preliminary plats are submitted, final plats that are submitted for approval on the effective date of this subsection.
Section
152
.
Nonstatutory provisions.
(1) Notwithstanding section 443.02 (4) of the statutes, as affected by this act, on the effective date of this subsection, a person who has been granted a certificate of registration as a land surveyor under section 443.06 (2), 2011 stats., is considered to be granted a license to engage in the practice of professional land surveying under section 443.06 (2) of the statutes, as affected by this act, and the professional land surveyor section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors shall issue to the person a license to engage in the practice of professional land surveying under section 443.06 (2) of the statutes, as affected by this act.
Section
153
.
Initial applicability.
(1)
Professional land surveyors.
(a) The treatment of section 26.09 (3) (b) 1. of the statutes first applies to surveys recorded on the effective date of this paragraph.
(b) The treatment of section 70.27 (5), (6), and (7) (intro.) and (d) of the statutes first applies to assessor's plats made on the effective date of this paragraph.
(c) The treatment of section 157.07 (1) of the statutes first applies to lands surveyed and platted on the effective date of this paragraph.
(d) The treatment of section 157.07 (2) and (3) of the statutes first applies to cemetery plats and maps created on the effective date of this paragraph.
(e) The treatment of section 236.21 (1) (intro.), (a), and (d) of the statutes first applies to plats certified by a professional land surveyor, as defined in section 236.02 (9b) of the statutes, as created by this act, on the effective date of this paragraph.
(f) The treatment of section 236.02 (2m) of the statutes first applies to correction instruments that are drafted on the effective date of this paragraph.
(g) The treatment of sections 236.15 (2) and 236.34 (1) (a) of the statutes first applies to surveys that are performed on the effective date of this paragraph.
(h) The renumbering and amendment of section 236.32 of the statutes and the creation of section 236.32 (2m) of the statutes first apply to the placement, removal, or disturbance of monuments, or the failure to replace monuments, on the effective date of this paragraph.
(i) The treatment of section 236.34 (1) (d) (intro.), 1., and 4. of the statutes first applies to certified survey maps offered for record on the effective date of this paragraph.
(j) The treatment of section 703.02 (6m) of the statutes first applies to correction instruments drafted on the effective date of this paragraph.
(k) The treatment of section 703.11 (4) of the statutes first applies to condominium plats certified on the effective date of this paragraph.
(L) The treatment of section 703.13 (6) (e), (7) (c), and (8) (c) of the statutes first applies to condominium plats and plans certified on the effective date of this paragraph.
(Lm) The treatment of section 707.215 (5) (intro.) of the statutes first applies to certifications made on the effective date of this paragraph.
(m) The treatment of sections 709.02 (1) and 709.07 of the statutes first applies to original reports furnished on the effective date of this paragraph.
(n) The treatment of section 893.37 of the statutes first applies to acts or omissions occurring on the effective date of this paragraph.
(2)
Plats and certified survey maps.
(a) The treatment of sections 236.12 (2) (intro.), (a), (ac), and (b), (3), (4), (5), (6), and (8), 236.13 (2m), and 236.20 (1) (b) of the statutes, the renumbering and amendment of section 236.11 (2) of the statutes, and the creation of section 236.11 (2) (b) of the statutes first apply to preliminary plats or, in cases in which no preliminary plats are submitted, to final plats, that are submitted for approval on the effective date of this paragraph.
(b) The treatment of sections 236.025, 236.15 (1) (intro.), (a), and (d), and 236.34 (1) (b) of the statutes first applies to surveys performed on the effective date of this paragraph.
(c) The treatment of section 236.20 (1) (a), (2) (g) and (k), (3) (b), (4) (b), (5) (c), and (6) of the statutes first applies to final plats, and to certified survey maps if applicable, that are submitted for approval on the effective date of this paragraph.
(d) The treatment of sections 236.21 (1) (b) and 236.25 (2) (c) and (d) of the statutes first applies to final plats that are offered for record on the effective date of this paragraph.
(e) The treatment of section 236.34 (1) (d) 2. and (2) (b) 1. of the statutes first applies to certified survey maps that are offered for record on the effective date of this paragraph.
(f) The treatment of section 236.34 (1) (e) of the statutes first applies to certified survey maps that are submitted for approval on the effective date of this paragraph.
(3)
Recording media.
(a) The treatment of section 70.27 (2) of the statutes first applies to assessor's plats that are offered for record on the effective date of this paragraph.
(b) The treatment of section 236.25 (2) (a) of the statutes first applies to final plats that are offered for record on the effective date of this paragraph.
(c) The treatment of section 236.34 (1) (c) of the statutes first applies to certified survey maps that are offered for record on the effective date of this paragraph.
(d) The treatment of section 703.11 (2) (intro.) of the statutes first applies to condominium plats that are offered for record on the effective date of this paragraph.
(e) The treatment of section 707.215 (2) (intro.) and (3) of the statutes first applies to time-share property plats or time-share property survey maps and floor plans, as applicable, that are offered for record on the effective date of this paragraph.
Section
154
.
Effective date.
(1) This act takes effect on the first day of the 4th month beginning after publication.
