Idaho Board of
Professional Engineers and
Professional Land Surveyors

Professional Land Surveyor - Questions & Answers

Please note all the News Bulletins are Adobe PDF format and you may have to page down/scroll down to go to the appropriate page, especially if you're using a download manager.

      Condominium Questions

Gerald W. "Gary" Briant, P.L.S. #L-10699 "My interpretation of diagrammatic floor plans . . . is that the plat simply needs to show a width, length and height of the interior perimeter walls of each unit. . . I'm just looking for a way to calculate what the air space would be that [the] public is buying. . . In other words, the building itself is the monument"

This was addressed in the Boards November 2007 Bulletin, page 5, where this appeared:
Idaho Code Section 55-1504 (ii) requires "diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, showing elevations where multi-level or multistory structures are diagrammed." Idaho Code Section 55-1509(a) states, in pertinent part, "In interpreting the declaration, plat or plats, and deeds, the existing physical boundaries of the unit as originally constructed or as reconstructed in lieu thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, plat or plats, or deed, regardless of settling lateral movement of the building and regardless of minor variance between boundaries shown in the declaration, plat or plats, or deed and the actual boundaries of units in the building." Briant comments "My interpretation of diagrammatic floor plans . . . is that the plat simply needs to show a width, length and height of the interior perimeter walls of each unit. . . I'm just looking for a way to calculate what the air space would be that [the] public is buying. . . In other words the building itself is the monument" The Board agreed and told Briant that the relative location and approximate dimensions of interior perimeter walls of each condominium unit are sufficient.

Gerald W. "Gary" Briant, P.L.S. #L-10699 asked the Board for an interpretation of the requirement in Idaho Code Section 55-1504 which requires "showing elevations where multi-level or multi-story structures are diagrammed." Briant said "My interpretation of "showing elevations" is to show by either a section view with dimensions showing the height from finish floor to finish ceiling and if multi-story showing a relationship to each story finish floor from the first floor finished elevation. This could be done also with elevations of each finished floor and ceiling elevation or elevations if ceiling heights vary. Where the confusion comes in is there are some that feel that this section is referring to actual elevations from a known datum like NGVD 29 or NAVD 88 for each of these. I feel it is just dimensions to be able to calculate volume of space that the person is buying and that a known datum is unnecessary."

This was addressed in the Boards November 2007 Bulletin, page 5, where this appeared:
Again, the Board agreed with Briant and told him that the elevations can be relative and need not be tied to a standard datum.

As a Professional Land Surveyor, what do I have to do on a Condominium project at a minimum?

This was addressed in the Boards June 2008 Bulletin, page 3, where this appeared:
BOARD EXPRESSES OPINION ON INVOLVEMENT OF SURVEYORS IN CONDOMINIUMS
The Board reviewed an inquiry from Larry J. Hodge, P.E./L.S. in which he asked the Board "I'm wondering if you could enlighten me on how you think the surveying world, including the Board, has come to the conclusion that condo plats must be done by a PLS." The Board responded that it relies upon Idaho Code Section 55-1527 which states
"55-1527. ZONING LAWS APPLIED WHERE NOT INCONSISTENT. Except where inconsistent with the provisions or purposes of this act, state and local laws relating to plats, recording, subdivisions or zoning shall apply to condominiums and to projects as herein defined."
The Board also relied on Idaho Code Section 50-1309, which states, in pertinent part, "The professional land surveyor making the survey shall certify the correctness of said plat and he shall place his seal, signature and date on the plat."

      General Work Issues

How does the Board interpret Responsible Charge?

See the Boards April 2006 Bulletin, page 2. This article is about a page and a half long (too long re-copy here) and summarizes the Board's position on Responsible Charge.

Is it necessary to retain a PLS to conduct a field search for monuments?

This was addressed in the Boards November 2008 Bulletin, page 2, where this appeared:
BOARD ISSUES OPINION ON DISCLAIMER FOR PRELIMINARY PLANS House Bill No. 380 passed by the 2008 Session of the Idaho Legislature contained amendments to Idaho Code Section 55-1613 which require a professional engineer who prepares construction plans which may disturb land survey monuments to retain the services of a professional land surveyor to conduct a field search to determine whether monuments exist at the location of corners. If they exist, the monuments must be reference out by a professional land surveyor prior to construction and reestablished and remonumented by a professional land surveyor after construction. In response to an inquiry from Robert T. "Bob" Jones, P.L.S.#L-8023, the Board issued an opinion that it would be acceptable for a professional engineer who prepares preliminary road plans to place a note on those plans which states "The Professional Engineer who is in responsible charge of the preparation of these Preliminary Roadway Plans certifies that he has complied with Section 55-1613 of the Idaho Code as to the existence and location of found survey monuments. He is not responsible for the preparation of the Final Roadway Plans or the construction of the roadway." The Board went on to state that before a professional engineer could sign such a statement, he would need to have adequate documentation from the professional land surveyor on the matter.

Are Surveyors required to be selected under QBS? (or can Surveyors bid their work?)

This was addressed in the Boards November 2007 Bulletin, page 5, where this appeared (as amended by the May 8, 2009 Rules):
QUALIFICATION BASED SELECTION
Idaho Code Section 67-2320 requires that all state agencies and political subdivisions of the state retain the services of engineers, land surveyors and several other professionals on the basis of qualifications followed by a negotiation of a scope of services and fee. This process is often call "Qualification Based Selection", or "QBS." Private sector consumers of professional services are not required to follow these guidelines. The Board's Rules of Professional Responsibility state that "A Licensee or Certificate Holder should seek professional employment or professional service work on the basis of qualifications and competence for proper accomplishment of the work assignment. On selections for professional engineering and land surveying services that are required pursuant to Idaho Code Section 67-2320, a licensee or certificate holder, in response to solicitations described in Idaho Code Section 67-2320(2)(a) shall not submit information that constitutes a bid for services requested." If a state agency or political subdivision of the state solicits proposals for engineering or land surveying work in a manner that is not in compliance with Idaho Code Section 67-2320, engineers or land surveyors should contact the QBS Facilitator's Council at (208) 321-1736 and they will contact the entity to educate them about the statute and QBS process.

If XYZ Survey Co has a job with John Doe to perform boundary work, can I offer John Doe a better deal and try to get that work?

This was addressed in the Boards November 2007 Bulletin, page 6, where this appeared:
SEEKING OR ACCEPTING WORK WHICH IS UNDER CONTRACT TO ANOTHER
One of the most commonly asked questions about the Board's Rules of Professional Responsibility relates to Rule IDAPA 10.01.02.009.03, "Assignment On Which Others Are Employed." A review of that Rule and its application seems in order to clarify its intent and application. Rule 009.03 states "A Registrant or Certificate Holder shall not knowingly seek or accept employment for professional services for an assignment which another Registrant or Certificate Holder is employed, or contracted to perform without the currently employed or contracted entity being informed in writing." Simply stated, the Rule says that you cannot pursue or accept work that another professional has a contract to perform unless you inform that other professional in writing. The issue of whether or not the currently contracted professional has been paid for their work is not within the jurisdiction of the Board to address.

What if I find a discrepancy in another Surveyor's work?

This was addressed in the Boards November 2007 Bulletin, page 6, where this appeared:
DISCOVERY OF A PROBLEM WITH THE WORK OF ANOTHER PROFESSIONAL
Another question that is frequently addressed by the Board and staff deals with the discovery of a problem in the work of another professional. IDAPA 10.01.02.005.04 states "Obligation To Communicate Discovery Of Discrepancy. If a Registrant or Certificate Holder, during the course of his work, discovers a material discrepancy, error, or omission in the work of another Registrant or Certificate Holder, which may impact the health, property and welfare of the public, the discoverer shall make a reasonable effort to inform, in writing, the Registrant or Certificate Holder whose work is believed to contain the discrepancy, error or omission. Such communication shall reference specific codes, standards or physical laws which are believed to be violated and identification of documents which are believed to contain the discrepancies. The Registrant or Certificate Holder whose work is believed to contain the discrepancy shall respond in writing within sixty (60) calendar days to any question about his work raised by another Registrant or Certificate Holder. Failure to respond on the part of the Registrant or Certificate Holder whose work is believed to contain the discrepancy shall be considered a violation of these rules and may subject the Registrant or Certificate Holder to disciplinary action by the Board. The discoverer shall notify the Board in the event a response satisfactory to the discoverer is not obtained within sixty (60) days." Simply stated, if you discover a problem with the work of another professional, you must notify them in writing. They have sixty days in which to respond, and you do not receive a satisfactory response you have the further obligation to notify the Board.

When performing a right-of-way acquisition survey for the Idaho Transportation Department which requires the subdivision of a section, is it necessary to monument a lost Public Land Survey Corner, the position of which is calculated and used in the survey?

The Board concluded that monumentation of the corner in question would be required. The Board cited the following sections of Idaho Code in coming that that conclusion. Emphasis is added, where appropriate, to the citation.
55 1604. Filing requirements. A professional land surveyor shall complete, sign, and file with the county clerk and recorder of the county where the corner is situated, a written record of the establishment or restoration of a corner. This record shall be known as a "corner record" and such a filing shall be made for every public land survey corner and accessory to such corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey. The survey information shall be filed within ninety (90) days after the survey is completed, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter.
In lieu of filing as heretofore provided, corner records may be recorded by photographic process in those counties which have such facilities.
55 1608. Professional land surveyor to reconstruct monuments. In every case where a corner record of a survey corner is required to be filed or recorded under the provisions of this chapter, the professional land surveyor must reconstruct or rehabilitate the monument of such corner, and accessories to such corner.
Any monument set shall conform to the provisions of section 54 1227, Idaho Code. If the monument is set by a public officer, it shall be marked by an appropriate official designation.

      Seals

I've been asked as a Professional Land Surveyor to supply my work product electronically - how do I seal it?

This was addressed in the Boards June 2008 Bulletin, page 3, where this appeared:
BOARD EXPRESSES OPINION ON ELECTRONIC DOCUMENTS SUBMITTED FOR GIS
The Board reviewed an inquiry from John Root, P.L.S. in which he asked the Board questions and expressed concerns about Twin Falls County requesting an electronic copy of plats and Records of Survey for inclusion in the County Assessor's GIS system. His concern was over the requirement that final documents be sealed, signed and dated. The Board responded by quoting Idaho Code Section 54-1202(14) which defines "signature" as
"(14) Signature. The term "signature" shall mean either: an original handwritten message identification containing the name of the person who applied it; or a digital signature which is an electronic authentication process attached to or logically associated with an electronic document. The digital signature must be unique to the person using it; must be capable of verification; must be under the sole control of the person using it; and must be linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed."
The Board said that one way to protect the work product would be to apply a digital signature, as defined above, to the document. That way, if it is altered, the digital signature would be invalidated. Digital signatures are available from commercial vendors.
Further, Idaho Code Section 54-1215(3)I states
"The seal, signature and date shall be placed on all original documents in such a manner that such seal, signature and date are reproduced when the original document is copied. The application of the registrant's seal, signature and date shall constitute certification that the work thereon was done by him or under his responsible charge. Each plan or drawing sheet shall be sealed and signed by the registrant or registrants responsible for each sheet. In the case of a business entity, each plan or drawing sheet shall be sealed and signed by the registrant or registrants involved. Copies of electronically produced documents, listed in paragraph (b) of this subsection, distributed for informational uses such as for bidding purposes or working copies, may be issued with the registrant's seal and a notice that the original document is on file with the registrant's signature and date. The words "Original Signed By:" and "Date Original Signed:" shall be placed adjacent to or across the seal on the electronic original. The storage location of the original document shall also be provided. Only the title page of reports, specifications and like documents need bear the seal, signature and date of the registrant." (Emphasis added)
By following the steps shown bold and underlined above you will meet the requirement of having sealed and signed and dated a hard copy. If the document is altered, you have the opportunity to compare it to the original hard copy.
Finally, you could ask for a written request from the public official who desires an electronic copy, then place a statement of intent on the document as to its intended use; for example, "For GIS Purposes Only" and "Not Intended to be a Final Work Product."

George Yerion, P.L.S., #L-9858 wrote the Board and asked "Some surveyors prepare the Preliminary Road Plans showing horizontal and vertical alignments. Is that allowed according to the current definitions of surveying & engineering?"

This was addressed in the Boards June 2008 Bulletin, page 4, where this appeared:
BOARD EXPRESSES OPINION ON STAMPING OF PRELIMINARY ROAD PLANS AND PRELIMINARY PLATS
The current definition of land surveying relates only to boundaries, which would include the horizontal alignment, but not the vertical, which would fall in the realm of the licensed professional engineer. If prepared by an engineer or surveyor, preliminary road plans which include only horizontal alignment must be sealed and signed by either the surveyor or engineer, but if they contain both horizontal and vertical alignment they must be sealed, signed and dated by the engineer or both the surveyor and engineer.

George Yerion, P.L.S., #L-9858 wrote the Board and asked "Preliminary Plats are sometimes submitted by engineers and sometimes by surveyors. I don't recall that either the Preliminary Road Plans or the Preliminary Plats are ever sealed. The Planning and Zoning Commission uses those drawings to make policy decision[s] (i.e. subdivision and road approval). Should these preliminary drawings be sealed?"

This was addressed in the Boards June 2008 Bulletin, page 4, where this appeared:
BOARD EXPRESSES OPINION ON STAMPING OF PRELIMINARY ROAD PLANS AND PRELIMINARY PLATS
Under Idaho Code Section 54-1215(3)(b), effective July 1, 2007, if prepared by a professional engineer or a professional land surveyor, Preliminary Plats and Preliminary Road Plans that are "intended to be relied upon to make policy decisions important to the life, health, property or fiscal interest of the public" must be sealed, signed and dated.

Do I need to seal a legal description I prepare for a Client as a Professional Land Surveyor?

This was addressed in the Boards June 2008 Bulletin, page 5-7, and is too long to reproduce here. Just click on the link and scroll to page 5.

      Records of Survey (ROS)

John M. "Jack" Clark, P.L.S. #L-4732 asked "When a surveyor does "preliminary work" but does not place monuments in the field, is he or she required to file a Record of Survey?"

This was addressed in the Boards June 2008 Bulletin, page 8, where this appeared:
BOARD OPINION ON MONUMENTING AND RECORD OF SURVEY
Work done by a professional land surveyor that does not include monumenting is not a "survey" under current law, hence the preparation of and filing of a Record of Survey is not required when there is no monumenting. Idaho Code Section 55-1902(9) defines a "survey" as "the locating and monumenting of points of lines which define the exterior boundary or boundaries common to two (2) or more ownerships . . . or which reestablish or restore public land survey corners in accordance with established principles of land surveying . . " (Emphasis added) Idaho Code Section 55-1904 states, in pertinent part "After making a survey in conformity with established principles of land surveying, a surveyor shall file a record of survey with the county recorder in the county or counties wherein the lands surveyed are situated." (Emphasis added) If no survey has been performed, then no Record of Survey need be prepared and recorded.

John M. "Jack" Clark, P.L.S. #L-4732 asked "When the "preliminary work" is eventually used as the basis for the preparation of a legal description, is it necessary to file a record of survey?

This was addressed in the Boards June 2008 Bulletin, page 8, where this appeared:
BOARD OPINION ON MONUMENTING AND RECORD OF SURVEY
(T)he preparation of a legal description on the basis of preliminary work, but not monumentation in the field, would constitute a "report," and under Idaho Code Section 54-1215 would be required to be sealed, signed and dated, but a "report" and a "survey" are not the same thing. As stated in the previous answer, in order for a "survey" to have been done, the surveyor must located and monumented the points. Without doing both, a "survey" has not been performed, and if a survey has not been performed, then no Record of Survey need be prepared and recorded.
Both the above answers are somewhat complicated by the language of Idaho Code Section 54-1227, which states, in pertinent part, "Every licensed professional land surveyor is hereby authorized to make land surveys relating to the sale or subdivision of lands, the retracing or establishing of property or boundary lines, public roads, streets, alleys, or trails; and it shall be the duty of each licensed professional land surveyor, whenever making any such land survey, to set permanent and reliable magnetically detectable monuments . . ." Since "survey" is not defined in Title 54 Chapter 12 of Idaho Code, the Board has relied upon the definition of "survey" contained in Title 55 Chapter 19 of Idaho Code.

Do I need to file a Record of Survey when I stake a drain field easement?

This was addressed in the Boards November 2008 Bulletin, page 2, where this appeared:
BOARD EXPRESSES OPINION OF STAKING OF DRAIN FIELD EASEMENTS
Some Public Health Districts now require that drain field easements be located and monumented by a professional land surveyor. The question has arisen as to whether or not a Record of Survey would be required. The Board is of the opinion that when such services are performed, the conditions specified in Idaho Code Sections 55-1904(2) and (3) exist and a Record of Survey must be filed.