Professional Land Surveyors' Act

(a) A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:

(1) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731.

(2) Determines the configuration or contour of the earth's surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry.

(3) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.

(4) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term "subdivision" or "resubdivision" shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code).

(5) By the use of the principles of land surveying determines the position for any monument or reference point that marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.

(6) Geodetic surveying or cadastral surveying. As used in this chapter:
   (A) "Geodetic surveying" means performing surveys, in which account is taken of the figure and size of the earth to determine positions of fixed objects, control points, monuments, or stations.
   (B) "Cadastral surveying" means performing a survey that creates, marks, defines, retraces, or reestablishes the boundaries and subdivisions of the public land survey system of the United States.

(7) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (1) to (6), inclusive.

(8) Indicates, in any capacity or in any manner, by the use of the title "land surveyor" or by any other title or by any other representation that they practice or offer to practice land surveying in any of its branches.

(9) Procures or offers to procure land surveying work for themselves or others.

(10) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced.

(11) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter.

(12) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in paragraphs (1) to (6), inclusive.

(13) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in paragraphs (1), (2), (3), (4), (5), (6), (11), and (12).

(14) Renders a statement regarding the accuracy of maps or measured survey data.

(b) Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced.

(c) The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying.

(a) An applicant for certification as a land surveyor-in-training shall comply with all of the following:
   (1) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.
   (2) Have successfully passed the first division of the examination for licensure as a professional land surveyor.
   (3) Have satisfactorily completed two years or more of postsecondary education in land surveying, two years or more of experience in land surveying, or a combination of postsecondary education and experience in land surveying.

(b) An applicant for licensure as a professional land surveyor shall comply with all of the following:
   (1) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.
   (2) Furnish evidence of compliance with Section 8742.
   (3)(A) Have successfully passed the second division of the examination and be certified as a land surveyor-in-training in this state, be certified as a land surveyor-in-training or surveyor intern in another state or territory of the United States, or be exempt therefrom.
      (B) An applicant licensed by the board as a civil engineer is exempt from this requirement.
   (4) Be thoroughly familiar with:
      (A) The procedure and rules governing the survey of public lands as set forth in Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management.
      (B) The principles of real property relating to boundaries and conveyancing.

(c) The board need not verify the applicant's eligibility for certification as a land surveyor-in-training other than to require the applicant to sign a statement of eligibility on the application form.

(d) The second division of the examination shall test the applicant's ability to apply his or her knowledge and experience and to assume responsible charge in the professional practice of land surveying.

(e) The board may prescribe by regulation reasonable educational or experience requirements for an applicant to meet the requirements of this section.

Upon being licensed, each licensee shall obtain a stamp or seal of the design authorized by the board bearing the licensee's name, number of certificate, and the legend "Licensed Land Surveyor," or "Professional Land Surveyor."

(a) Any licensed land surveyor or civil engineer authorized to practice land surveying may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection with that practice.

(b) All documents prepared in connection with the practice of land surveying shall include the name and license number of the licensee and shall be prepared by, or under the responsible charge of, the licensee.

(c) All final documents shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. For documents containing multiple pages, the signature and seal or stamp shall appear at minimum on the title sheet, cover page, or signature sheet.

(d) Preliminary or incomplete documents must include notation describing their intended purpose, such as "preliminary," "not for construction," "for plan check only," or "for examination only."

(e) It is unlawful for any person to sign or seal documents with the seal of another unless authorized by law. It is also unlawful to stamp or seal any document with an expired, suspended, or revoked license holder's seal unless the credential has been renewed.

(a) Except as provided in subdivision (b), after making a field survey in conformity with the practice of land surveying, the licensed surveyor or licensed civil engineer may file with the county surveyor in the county in which the field survey was made, a record of the survey.

(b) Notwithstanding subdivision (a), after making a field survey in conformity with the practice of land surveying, the licensed land surveyor or licensed civil engineer shall file with the county surveyor a record of the survey relating to land boundaries or property lines, if the field survey discloses any of the following:

   (1) Material evidence or physical change, which in whole or in part does not appear on any subdivision map, official map, or record of survey previously recorded or filed, or map or survey record maintained by the Bureau of Land Management.

   (2) A material discrepancy with the information contained in any subdivision map, official map, or record of survey previously recorded or filed, or any map or survey record maintained by the Bureau of Land Management.

   (3) Evidence that, by reasonable analysis, might result in materially alternate positions of lines or points, shown on any subdivision map, official map, or record of survey previously recorded or filed, or any map or survey record maintained by the Bureau of Land Management.

   (4) The location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey.

   (5) The points or lines set during the performance of a field survey of any parcel described in any deed or other instrument of title recorded in the county recorder's office are not shown on any subdivision map, official map, or record of survey.

(c) The record of survey required to be filed pursuant to this section shall be filed within 90 days after the setting of boundary monuments during the performance of a field survey or within 90 days after completion of a field survey, whichever occurs first.

(d) If the 90-day time limit cannot be complied with for reasons beyond the control of the licensed land surveyor or licensed civil engineer, the 90-day time period shall be extended until the time at which the reasons for delay are eliminated. If the licensee cannot comply with the 90-day time limit, he or she shall, prior to the expiration of the 90-day time limit, provide the county surveyor with a letter stating that he or she is unable to comply. The letter shall provide an estimate of the date for completion, the reasons for the delay, and a general statement as to the location of the survey, including the assessor's parcel number.

(e) Any record of survey filed with the county surveyor shall, after being examined by him or her, be filed with the county recorder.

(f) If the preparer provides a postage-paid, self-addressed envelope or postcard with the filing, the county recorder shall return the postcard with the filing data within 10 days of final filing. "Filing data" includes the date, the book or volume, and the page at which the record of survey is filed.

A record of survey is not required in the following circumstances:

(a) PUBLIC OFFICER SURVEYS: When surveys are conducted by public officials in their official capacity, provided a reproducible copy with required data is filed with the county surveyor and kept available for public inspection.

(b) FEDERAL SURVEYS: Surveys made by the United States Bureau of Land Management.

(c) SUBDIVISION MAPS: Surveys prepared for recording under the Subdivision Map Act (Government Code 66410 et seq.).

(d) RETRACEMENTS: Surveys retracing lines from existing subdivision maps or records of survey, if no material discrepancy is found and sufficient monumentation exists. However, a corner record must be filed for any newly set or reset property corners.

(e) MOBILEHOME PARKS: Surveys of mobilehome park interior lots, provided no prior subdivision map or conversion to residential ownership has occurred.

For purposes of this section, "material discrepancy" means a material discrepancy in the position of points or lines, or in dimensions.

(a) A licensed land surveyor or licensed civil engineer who establishes corners pursuant to the public land survey system shall complete, sign, stamp with his or her seal, and file with the county surveyor a corner record for each such corner, with limited exceptions for lost corners as defined by federal Bureau of Land Management guidelines.

(b) When a lost corner is established, a record of survey shall be filed as set forth in Section 8764 rather than a corner record.

(c) A licensed land surveyor or licensed civil engineer may voluntarily file corner records for property corners, controlling corners, reference monuments, or related accessories.

The board may investigate and, by majority vote, take disciplinary action including public reproval, license suspension (up to two years), or revocation against any licensed land surveyor or licensed civil engineer authorized to practice land surveying for any of the following:

(a) Any fraud, deceit, or misrepresentation in their practice of land surveying.

(b) Professional negligence in surveying practice.

(c) Demonstrated incompetence during professional practice.

(d) Any fraud or deceit in obtaining their license.

(e) Breaches of this chapter or related laws.

(f) Conviction of crimes substantially connected to surveyor qualifications and duties, with conviction records serving as conclusive evidence.

(g) Aiding or abetting any person in the violation of this chapter or any rule or regulation adopted by the board.

(h) Violation or breach of land surveying service contracts.

(i) Violations of Board-adopted rules regarding unprofessional conduct.