Vermont Land Surveying Licensing Law

Vermont Code · 11 sections

The following is the full text of Vermont’s land surveying licensing law statutes as published in the Vermont Code. For the official version, see the Vermont Legislature.

26 V.S.A. § 1161

§ 1161. Definitions

As used in this chapter:

(1) “Board” means the Board of Professional Engineering.

(2) “Professional engineering” means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, insofar as the service or work involves safeguarding life, health, or property. This includes consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land, air, and water and accomplishing engineering surveys and studies, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, control systems, fire protection systems, communication systems, transportation systems, projects, and equipment systems of a mechanical, electrical, hydraulic, pneumatic, chemical, or thermal nature.

(3) “Financial interest” means being:

(A) a licensed professional engineer;

(B) a person who deals in goods and services that are uniquely related to the practice of engineering; or

(4) “Instruments of service” means project deliverables, such as reports, specifications, drawings, plans, construction documents, or engineering surveys, that have been prepared under the licensee’s responsible charge.

(5) “Practice of professional engineering” means providing, attempting to provide, or offering to provide professional engineering services.

(6) A professional engineer in “private practice” means a professional engineer who owns, operates, or is employed by a business entity that derives a substantial part of its income from providing professional engineering services to the public.

(7) “Professional engineer” means a person licensed under this chapter.

(8) “Responsible charge” means direct control and personal supervision of engineering work.

(9) “Specialty discipline” means that area of professional engineering recognized by the Board as the area of expertise and practice for which a license is granted.

(10) “State” includes the United States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(11) “Unauthorized practice” means conduct prohibited by section 1162 of this chapter and not exempted by section 1163 of this chapter. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 24; 2009, No. 35, § 13; 2013, No. 27, § 4.)

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26 V.S.A. § 2501

§ 2501. Policy and purpose In order to safeguard property and the public welfare, the practice of land surveying in this State is declared to be subject to regulation in the public interest in accordance with the terms of this chapter. (Added 1967, No. 364 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1981, No. 79, §§ 1, 2, eff. May 5, 1981; 1985, No. 245 (Adj. Sess.), § 1.)

26 V.S.A. § 2502

§ 2502. Definitions For the purpose of this chapter: (1) “Board” means the Board of Land Surveyors established under this chapter. (2) “Disciplinary action” includes any action taken against a licensee for unprofessional conduct. (3) “Licensed land surveyor” means a person licensed by the Board who is: (A) a professional specialist in measuring land; (B) educated in the principles of mathematics, the related physical and applied sciences, and real property law; and (C) engaged in the practice of land surveying as defined in this section. (4) “Practice of land surveying” means providing, or offering to provide, professional services, including record research, reconnaissance, measurements, gathering parol evidence, analysis of evidence, mapping, planning, expert testimony, and consultation related to any of the following: (A) locating, relocating, establishing, reestablishing, or retracing property lines or boundaries, or demarcating other legal rights or interests in any tract of land, road, right-of-way, or easement; (B) determining, by the use of principles of surveying, the position for any boundary monument or reference point, or replacing any monument or reference point; (C) making any survey for the division, subdivision, or consolidation of any tract of land; (D) creating, preparing, or modifying graphic documents such as maps, plats, and plans, or electronic data used or referenced in instruments of conveyance of rights in real property, or that define rights in real property, or are used to define such rights; (E) calculating dimensions and areas, which may be used to define rights in real property. (5) “Monument” excludes paint marks, ribbons, signs, and any nonpermanent structures supporting ribbons or signs. (6) “Responsible charge” means direct control and personal supervision. (7) “Supervision” of an applicant means regular personal review of the applicant’s land surveying work. (Added 1967, No. 364 (Adj. Sess.), § 2, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 13.)

26 V.S.A. § 2503

§ 2503. Prohibition; exceptions (a) A person who is not licensed by the Board shall not: (1) use the title “licensed land surveyor” or any substantially equivalent title; (2) represent himself or herself as licensed by this State or able to perform land surveying; or (3) practice land surveying or act in responsible charge of another person who practices land surveying. (b) Subdivision (a)(3) of this section does not prohibit preparation of assessment maps, current use maps for use valuation appraisal, or similar maps, which are clearly not intended to indicate the legally authoritative location or demarcation of property boundaries or extent where legal rights or interests in any tract of land are or may be affected, or licensed or qualified members of other professions or trades from performing duties incidental to those occupations. (Added 1967, No. 364 (Adj. Sess.), § 3, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 14.)

26 V.S.A. § 2541

§ 2541. Creation and organization of Board (a) A State board of land surveyors is created to regulate the licensure of land surveyors. It shall be called “Board of Land Surveyors.” (b) The Board shall consist of five licensed land surveyors and two members of the public who have no financial interest in the activities regulated under this chapter, other than as consumers or possible consumers of its services. Public members shall have no financial interest personally or through a spouse, parent, child, brother, or sister. “Financial interest” means dealing in goods or services that are uniquely related to activities regulated under this chapter, or investing anything of value in a business licensed under this chapter. (c) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. (d) One member shall have been licensed under this chapter after written examination taken within the five years immediately preceding the date of appointment. (Added 1967, No. 364 (Adj. Sess.), § 4, eff. Jan. 1, 1969; amended 1969, No. 11, eff. Feb. 26, 1969; 1985, No. 245 (Adj. Sess.), § 1; 2005, No. 27, § 72.)

26 V.S.A. § 2544

§ 2544. Powers and duties of the Board (a) The Board shall: (1) Adopt rules according to the provisions of 3 V.S.A. chapter 25 that are necessary for the performance of its duties. (2) Adopt an official seal. (3) Provide general information to applicants for admission to licensure as land surveyors. (4) Explain appeal procedures to licensees and applicants and complaint procedures to the public. (5) Adopt rules that establish the activities that must be completed by an applicant in order to fulfill the experience requirements established by this chapter. The rules shall require that the applicant’s experience be under the supervision of a licensed land surveyor who has been licensed for three years or more, and shall not require that the applicant be in charge of the surveying. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of land surveying, but shall not limit admission to licensure unless there is good reason to believe that licensure of a particular applicant would be inconsistent with safeguarding property and the public welfare. (6) Inform prospective applicants that they may notify the Board if, after reasonable effort, they have been unable to obtain supervision by a licensee for activities prerequisite to licensure. When the Board receives such a notice, it may interview the prospective applicant, and thereafter shall take whatever action it considers appropriate. (7) If applications for licensure by examination are pending, offer examinations at least twice each year and pass upon the qualifications of applicants. (8) Use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5. (9) Adopt rules establishing minimum standards of practice. Standards adopted by the Board shall not exceed the minimum required to protect the public and shall be responsive to a demonstrated need to impose such standards. Rules adopted under this section shall relate to land surveying in the following areas: (A) Researching deeds and other records. (B) Measurements. (C) Evaluation and verification of evidence pertaining to surveying. (D) Monumentation. (E) Survey reports and documents. (b) The Board may conduct disciplinary proceedings as provided for in 3 V.S.A. chapter 5. (Added 1967, No. 364 (Adj. Sess.), § 7, eff. Jan. 1, 1969; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; amended 1983, No. 230 (Adj. Sess.), § 17(5); 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 1991, No. 167 (Adj. Sess.), § 38a; 2005, No. 148 (Adj. Sess.), § 22.)

26 V.S.A. § 2591

§ 2591. Applications Applications for licensure shall be on forms provided by the Board. Each application shall contain a statement under oath showing the applicant’s education, land surveying experience, and other pertinent information and shall be accompanied by the required fee. (Added 1967, No. 364 (Adj. Sess.), § 13, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)

26 V.S.A. § 2592

§ 2592. Licensure by examination (a) Any person shall be eligible for licensure as a land surveyor if the person qualifies under one of the following provisions, as established by the Board by rule: (1) Bachelor’s degree in land surveying, internship, portfolio, and examination. A person who has graduated with a bachelor’s degree in land surveying from a program accredited by the Accreditation Board for Engineering and Technology (ABET), completed a 24-month internship, successfully completed a portfolio, and successfully completed the examinations required by the Board may be granted a license. (2) Associate’s degree in land surveying, internship, portfolio, and examination. A person who has graduated with an associate’s degree in land surveying from a program accredited by the ABET, completed a 36-month internship, successfully completed a portfolio, and successfully completed the examinations required by the Board may be granted a license. (3) Internship, portfolio, and examinations. An applicant who has completed a 72-month internship, successfully completed a portfolio, and passed the examinations required by the Board may be granted a license. (b) License examinations may consist of a national surveying examination selected by the Board plus a Vermont portion. The Vermont portion shall be limited to those subjects and skills necessary to perform land surveying. (Added 1967, No. 364 (Adj. Sess.), § 14, eff. Jan. 1, 1969; amended 1969, No. 207 (Adj. Sess.), § 10, eff. March 24, 1970; 1971, No. 250 (Adj. Sess.), § 1; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.), § 38; 2009, No. 103 (Adj. Sess.), § 19; 2011, No. 66, § 7, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 31.)

26 V.S.A. § 2593

§ 2593. Corporations, limited liability companies, partnerships, associations; individual proprietorships; liability (a) The right to practice land surveying is a personal right based on the qualities of the individual and evidenced by a nontransferable license. (b) A corporation, limited liability company, partnership, association, or individual proprietorship may furnish land surveyor services provided a member or employee thereof is a licensed land surveyor and is in responsible charge of such surveys, and provided all land surveys are signed and stamped with the personal seal of the licensed land surveyor in responsible charge. (c) A corporation, limited liability company, partnership, association, or individual proprietorship with which the land surveyor may practice shall be jointly and severally liable with the land surveyor for work performed. (Added 1967, No. 364 (Adj. Sess.), § 15, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 1997, No. 40, § 13.)

26 V.S.A. § 2595

§ 2595. Exceptions (a) The work of an employee or subordinate of a person having a license under this chapter is exempted from the licensing provisions of this chapter if such work is done under the supervision of and is verified by a licensee. (b) This chapter shall not be construed to apply to or to interfere with federal employees in the performance of their official duties. (c) This chapter shall not be construed to apply to or to interfere with State employees in the performance of their official duties, provided that the work is being done under the supervision of a licensed land surveyor. (d) [Repealed.] (Added 1967, No. 364 (Adj. Sess.), § 17, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2009, No. 35, § 41; 2011, No. 116 (Adj. Sess.), § 34.)

26 V.S.A. § 2596

§ 2596. Use of seal; certification (a) Each licensed land surveyor shall procure a personal seal in a form approved by the Board. The surveyor shall affix the surveyor’s signature and seal together with a certification statement as to the nature of the survey work upon all completed maps, plats, surveys, or other documents before delivery thereof to any client or before any map, plat, survey, or other document is offered for filing at the office of the town clerk or any other proper authority. The certification statement shall clearly set forth what information was used as the basis of the survey and shall indicate that the survey work identified thereon is consistent with this information. (b) Use of the seal for stamping or sealing documents after the corresponding certificate of licensure has expired or has been suspended or revoked unless the certificate has been renewed or reissued shall be unlawful. (Added 1967, No. 364 (Adj. Sess.), § 18, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)