S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
April 25, 2013
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to the practice of land
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7203 of the education law, as added by chapter 987
of the laws of 1971, is amended to read as follows:
S 7203. Definition of practice of land surveying. 1. The practice of
the profession of land surveying is defined as practicing that branch of
the engineering profession and applied mathematics which includes [the
measuring and plotting of the dimensions and areas of any portion of the
earth, including all naturally placed and man- or machine-made struc-
tures and objects thereon, the lengths and directions of boundary lines,
the contour of the surface and] the application of rules and regulations
in accordance with local requirements incidental to subdivisions for the
correct determination, description, conveying and recording thereof or
for the establishment or reestablishment thereof, PROVIDING OR OFFERING
TO PROVIDE PROFESSIONAL SERVICES UTILIZING SUCH SCIENCES AS MATHEMATICS
AND GEODESY, INVOLVING BOTH A. THE MAKING OF GEOMETRIC MEASUREMENTS AND
GATHERING RELATED INFORMATION PERTAINING TO THE PHYSICAL OR LEGAL
FEATURES ON THE EARTH, EXISTING IMPROVEMENTS ON THE EARTH, THE SPACE
ABOVE, ON OR BELOW THE EARTH AND B. PROVIDING, UTILIZING OR DEVELOPING
THE SAME INTO SURVEY PRODUCTS SUCH AS GRAPHICS, DATA, MAPS, PLANS,
REPORTS, AND SPECIFICATIONS, INCLUDING THOSE IN FURTHERANCE OF THE SAFE-
GUARDING OF LIFE, HEALTH, SAFETY, WELFARE AND PROPERTY OF THE PUBLIC.
2. PROFESSIONAL SERVICES INCLUDING ACTS OF CONSULTATION, INVESTIGATION
AND EVALUATION OF LAND TO BE SURVEYED, PROVIDING TESTIMONY, SUBDIVISION
PLANNING AND MAPPING, ASSEMBLING, ESTIMATING, SUPERVISION, AND INTER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 4827--A 2
PRETING GATHERED MEASUREMENTS AND INFORMATION RELATED TO ANY ONE OR MORE
OF THE FOLLOWING:
A. DETERMINING, BY MEASUREMENT, THE ACTUAL OR PROPOSED CONFIGURATION
OR CONTOUR OF THE EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THER-
EON BASED, WHERE REQUIRED BY EXISTING STATUTE AND/OR REGULATION, ON THE
DESIGN OF A DESIGN PROFESSIONAL OR LOCAL LAW OR ZONING ORDINANCE.
B. DETERMINING, BY PERFORMING GEODETIC SURVEYS, THE SIZE AND SHAPE OF
THE EARTH OR THE POSITION OF ANY POINT RELATED TO THE EARTH. A GEODETIC
SURVEY BEING DEFINED AS THE SCIENCE OF MEASURING THE EARTH OR LARGE
PORTIONS OF ITS SURFACE; THE DETERMINATION OF THE EARTH'S FIGURE AND
C. LOCATING, RELOCATING, ESTABLISHING, REESTABLISHING, OR RETRACING
PROPERTY LINES OR BOUNDARIES OF ANY TRACT OR TRACTS OF LAND, ROAD, RIGHT
OF WAY, OR EASEMENT.
D. MAKING ANY SURVEY FOR A SINGLE LOT OR PLOT OR FOR THE DIVISION,
SUBDIVISION OR CONSOLIDATION OF ANY TRACT OR TRACTS OF LAND.
E. LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS OR ELEVATIONS FOR THE
CONSTRUCTION OF FIXED WORKS.
F. DETERMINING, BY THE USE OF PRINCIPLES OF SURVEYING, THE POSITION
FOR ANY SURVEY MONUMENT (BOUNDARY OR NON-BOUNDARY) OR REFERENCE POINT;
ESTABLISHING OR REPLACING ANY SUCH MONUMENT OR REFERENCE POINT.
G. CREATING, PREPARING OR MODIFYING ELECTRONIC, COMPUTERIZED OR OTHER
DATA, RELATIVE TO THE PERFORMANCE OF THE ACTIVITIES IN THE ABOVE
DESCRIBED PARAGRAPHS A THROUGH F OF THIS SUBDIVISION.
3. NOTHING IN THIS SECTION SHALL REMOVE ANY PREVIOUSLY GRANTED LEGAL
OR REGULATORY RIGHTS OR BE CONSTRUED AS PROHIBITING A LICENSED LAND
SURVEYOR FROM PROVIDING SERVICES FOR LAND PLANNING, LAND USE, LAND
DEVELOPMENT AND/OR ENVIRONMENTAL STUDIES RELATED THERETO, WHICH ARE NOT
PRESENTLY RESTRICTED TO THE EXCLUSIVE PRACTICE OF ANOTHER DESIGN PROFES-
SIONAL, AND THE RECORDING OR FILING OF DOCUMENTS WITH GOVERNMENTAL
BODIES OR AGENCIES. IN ADDITION, NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS PROHIBITING ANYONE WHO, UNDER CURRENT LAW, MAY PROVIDE LAND
PLANNING, LAND USE, LAND DEVELOPMENT OR ENVIRONMENTAL STUDIES.
S 2. Subdivision 2 of section 7206-a of the education law, as amended
by chapter 32 of the laws of 1981, is amended to read as follows:
2. In lieu of the degree and experience requirements specified in
[subparagraphs (2)] PARAGRAPHS TWO and [(3)] THREE of subdivision one of
this section, AN ASSOCIATES DEGREE AND eight years of practical experi-
ence in work satisfactory to the board may be accepted, provided that
each full year of college study in engineering or land surveying satis-
factory to the department may at the discretion of the board be accepted
in lieu of one year of the required eight years of experience.
S 3. Section 7208 of the education law is amended by adding a new
subdivision q to read as follows:
Q. THE MAKING OF MEASUREMENTS UTILIZING THE SCIENCE OF PHOTOGRAMMETRY,
DEFINED AS THE SCIENCE OR ART OF OBTAINING RELIABLE MEASUREMENTS THROUGH
THE USE OF AERIAL PHOTOGRAPHY AND/OR OTHER ACTIVE OR PASSIVE
SENSOR-BASED REMOTE SENSING TECHNOLOGIES, EXCEPT THAT ANY GEODETIC
SURVEY TO ESTABLISH CONTROL POINTS NECESSARY TO DERIVE ACCURATE MEASURE-
MENTS FROM THE IMAGERY MUST BE MADE BY A LICENSED LAND SURVEYOR. ANY
DETERMINATION OF TOPOGRAPHY OR CONTOURS, OR DEPICTION OF PHYSICAL
IMPROVEMENTS, UTILIZING PHOTOGRAMMETRIC METHODS OR OTHER REMOTE SENSING
TECHNOLOGY BY PERSONS NOT LICENSED AS A LAND SURVEYOR PURSUANT TO THIS
ARTICLE, SHALL NOT ESTABLISH ANY BOUNDARY MONUMENTATION OR BOUNDARY
METES AND BOUNDS, NOR PROVIDE ANY MEASUREMENT SHOWING THE RELATIONSHIP
OF ANY EXISTING PHYSICAL IMPROVEMENTS TO ANY PROPERTY LINE OR BOUNDARY.
S. 4827--A 3
S 4. This act shall take effect immediately; provided, however, that
section two of this act shall apply only to those individuals seeking to
file an application with the department of education pursuant to section
7206-a of the education law who begin their experience on or after the
effective date of this act.