201 KAR 18:150. STANDARDS OF PRACTICE.
RELATES TO: KRS 322.290(1)(a), (2)(f)
STATUTORY AUTHORITY: KRS 322.290(2)(f)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 322.290(1)(a) authorizes the board to administer KRS Chapter 322. KRS 322.290(2)(f) requires the board to establish standards of practice. This administrative regulation establishes standards of practice for professional land surveyors in Kentucky.
(1) “Boundary survey” means a survey for which the primary purpose includes the:
(a) Determining of the perimeter of a parcel or tract of land;
(b) Establishing or reestablishing of a parcel corner or monument;
(c) Describing, platting and locating each fixed improvement on the parcel surveyed; or
(d) Dividing or consolidating the parcels surveyed.
(2) “Plat of survey” means a drawing of a parcel or tract of real property used to depict the final results of a field survey.
(3) “Corner” means a point on a land boundary that designates a change in direction.
(4) “Monument” means an artificial manmade or natural object that is used as, or presumed to occupy, a:
(a) Real property corner;
(b) Point on a boundary line; or
(c) Reference point.
(5) “Witness monument” means a monument:
(a) That does not occupy the same defined position as a corner; and
(b) Whose relationship to the corner is established.
(6) “Meander point” means a survey point or station marking a change in direction along a linear feature such as a watercourse, ridge, road or cliff.
(7) “Reference point” means the defined position of a point that is, or can be, established in relation to the position of another defined point or points.
Section 2. The standards of practice established in this administrative regulation:
(1) Shall be the minimum standards of practice for a professional land surveyor; and
(2) Shall not limit the establishment of more stringent standards of practice for a professional land surveyor by:
(a) An agency;
(b) An owner;
(c) Contract; or
(d) The professional land surveyor.
Section 3. (1) (a) Boundary surveying in Kentucky, and a document purporting to represent a boundary survey, shall comply with the provisions of this administrative regulation;
(b) Failure to comply with this administrative regulation shall constitute misconduct, gross negligence, incompetence, or a combination of these violations in the practice of professional land surveying.
(2) A professional land surveyor shall not represent that:
(a) A boundary survey determines land ownership;
(b) A boundary survey provides more than evidence of rights in land; or
(c) Land ownership can be established by a means other man an action in a Kentucky court.
Section 4. The marks on the ground of a professional land surveyor shall constitute the actual boundary survey.
Section 5. Record Research. (1) To determine the proper description of the land to be surveyed, a professional land surveyor shall conduct research to obtain record description of:
(a) Each parcel to be surveyed; and
(b) Each adjoining parcel.
(2) A professional land surveyor shall evaluate:
(a) Historical records of the subject and each adjoining parcel;
(b) Records of:
1. Previous pertinent surveys;
2. Tax maps;
3. Topographic maps;
4. Aerial photographs; and
5. Public agency records; and
(c) Other available data pertinent to the boundary survey.
(3) A professional land surveyor shall analyze the data and make a determination of the record boundary of each parcel to be surveyed.
(4) Research required by the provisions of this administrative regulation:
(a) Shall be used by a professional land surveyor to determine the location of the parcel boundary; and
(b) Shall not be used by a professional land surveyor to determine title.
Section 6. Field Research. A professional land surveyor shall thoroughly:
(1) Search for the physical monument that represents each parcel corner;
(2) Analyze evidence of occupation;
(3) Investigate possible parole evidence supporting the position of monuments or corners;
(4) Compare evidence discovered by the field survey with the record research to establish the boundary of the land being surveyed.
Section 7. Measurement Specifications. (1) Every measurement made as a part of a boundary survey shall comply with:
(a) The standards for accuracy and precision established by the provisions of this section; or
(b) At the request of the client, standards for accuracy and precision that exceed the standards established by the provisions of this section.
(2) A professional land surveyor shall conduct measurements with instruments and equipment that are properly:
(a) Adjusted;
(b) Maintained; and
(c) Calibrated to meet the appropriate tolerance required for the classification of survey as specified in subsection (6) of this section.
(3) A boundary survey shall be conducted utilizing a method of closed traverse and the measurement of angles and distances that achieve the appropriate tolerance specified in subsection (6) of this section.
(4) A boundary survey for platting or describing a land parcel shall be classified as Class A or Class B.
(a) Class A shall:
1. Consist of urban or suburban land; and
2. Include a parcel lying within, or adjacent to:
a. A city or town limit;
b. A commercial business area;
c. An industrial area;
d. A residential area; or
e. A developing area.
(b) Class B shall:
1. Consist of rural land; and
2. Include:
a. A farm;
b. A woodland; or
c. Other land not included in Class A.
(5) The accuracy and precision of a boundary survey shall not be less than the appropriate requirements established in subsection (6) of this section.
(6) Table of Specifications by Class: Classification of Surveys.
Class A Urban & Suburban | Class B Rural | Remarks | |
Unadjusted Closure (Minimum) or Between Control Monuments | 1:10,000 | 1:5,000 | Loop |
Angular Closure (Maximum) Number of Angles in Traverse | 15"N | 30"N | N= |
Accuracy of Distances | 0.05'+100 PPM | 0.10'+200 PPM | 100 |
PPM = 1:10,000 |
Section 8. Monumentation. (1) In a boundary survey, a professional land surveyor snail make a determination of the boundary and corners of the parcel being surveyed.
(2) Unless an adequate monument already exists at each parcel corner, a professional land surveyor shall set a monument or a witness monument at each corner of a parcel as provided in this section.
(3) A monument or witness monument set by a professional land surveyor shall be:
(a) Made of, or contain, a ferrous material;
(b) Not less than one-half (1/2) inch in diameter and eighteen (18) inches in length;
(c) A minimum of schedule forty (40) weight if pipe is utilized; and
(d) Identified with a cap bearing the registration number of the professional land surveyor responsible for and in charge of the survey.
(4) A monument or witness monument shall be required at each corner of a boundary survey.
(5) A parcel corner shall be identified by a witness monument if a monument cannot be set because the corner:
(a) Falls upon rock, concrete, or other like material;
(b) Is likely to be disturbed; or
(c) Is inaccessible.
(6) A witness monument shall be set:
(a) On the boundary line, if practicable; and
(b) As close as practicable to the corner location.
(7) A professional land surveyor shall set each monument in a manner to avoid its destruction.
(8) (a) A tree shall not be established as a corner monument except on a rural boundary survey.
(b) A tree that a professional land surveyor establishes as a corner monument shall be:
1. At least ten (10) inches in diameter at breast height;
2. In sound condition;
3. Marked in a conspicuous manner; and
4. Clearly described by size, species and method of marking on the plat, and in the written description.
(c) Trees shall not constitute more than 50% of the established monuments for a boundary survey in a rural land classification.
(d) For an urban or suburban survey in which a tree is found to be the monument of record, the tree shall be witness-monumented.
(9) A corner monument that a professional land surveyor has determined is not of sound condition or which fails to meet the standards established in this administrative regulation shall be witness-monumented to perpetuate the corner location.
(10) Linear monuments.
(a) The following distinct physical features may be utilized as a monument:
1. A watercourse;
2. A ridge;
3. A road; or
4. A cliff.
(b) The point at which a boundary line intersects a physical feature shall be monumented or witness-monumented.
(c) A physical feature that represents a linear monument shall be wimess-monumented at a minimum of every 1,000 feet.
(d) A professional land surveyor shall obtain sufficient field survey data to define the position of each physical monument in order to accurately plat, describe, and calculate the area of the land being surveyed.
Section 9. Documentation. (1) The corner monuments established or reestablished by a professional land surveyor shall constitute the actual boundary survey.
(2) A professional land surveyor shall provide a plat of survey to the client upon the completion of a boundary survey in which he has:
(a) Retraced a previously established boundary line; or
(b) Established a new boundary line.
(3) A professional land surveyor shall retain as permanent record the following items pertaining to a boundary survey:
(a) Plats;
(b) Written descriptions;
(c) Research documents;
(d) Field and office notes;
(e) Electronic and magnetically stored field data; and
(f) Documents of calculations stating the:
1. Closure;
2. Adjustment method;
3. Bearing reference datum; and
4. Determination of corners.
(4) A written description prepared by a professional land surveyor for the purpose of defining a parcel boundary shall:
(a) Be complete;
(b) Accurately describe the actual boundary survey; and
(c) Contain the information specified in this paragraph:
1. Captions sufficient to identify the:
a. General location of the land surveyed;
b. Specific location of the land in reference to a major physical feature, or primary control network; and
c. Reference of at least one (1) corner to a corner of the parent tract;
2. The direction and length of each line, as follows:
a. (i) Each bearing shall be shown in degrees, minutes, seconds; and
(ii) Each distance shall be shown to hundredths of a foot; or
b. A geometrically-curved line shall be identified with a beginning point, terminus point and sufficient curve data to define the curve;
3. A description of each monument marking or witnessing a corner, including:
a. A notation as to whether found or set;
b. Dimensions;
c. Type of material; and
d. Identification cap;
4. The names and record sources of adjoining property owners;
5. A notation describing each prominent feature of terrain which the boundary follows;
6. Calculated area of the land surveyed, computed either to the nearest hundredth of an acre or square foot;
7. Reference to the record source of the land surveyed;
8. Name and registration number of the professional land surveyor who performed the survey, and name of the land surveying firm, if any;
9. A dated signature and the seal of the professional land surveyor responsible for
and in charge of the survey; and
10. Date of the field survey.
(5) A final plat of a boundary survey shall be drawn to scale on durable, dimensionally-stable media, and clearly contain the following information:
(a) Direction and length of each line as follows:
1. a. Each bearing shown in degrees, minutes and seconds; and b. Each distance shown to hundredths of a foot; or
2. A geometrically-curved line shall be identified with a beginning point, terminus point, and sufficient curve data to define the curve;
(b) Calculated area of the land surveyed computed either to the nearest hundredth of an acre or nearest square foot;
(c) A description of each monument, which marks or witnesses a corner, including:
1. A notation as to whether found or set;
2. Dimensions;
3. Type of material; and
4. Identification cap;
(d) Reference of at least one (1) corner to a:
1. Corner of the parent tract;
2. Durable physical object; or
3. Primary control network, such as state plane coordinates;
(e) 1. The name of each road;
2. The name and record sources of each adjoiner; and
3. The name and record sources of each adjoining subdivision;
(f) An apparent encroachment discovered in the course of the survey;
(g) The reference meridian and whether its basis is:
1. True;
2. Grid;
3. Record, including the source of the record meridian;
4. State plane; or
5. Magnetic, including the date of the observation;
(h) Vicinity map of sufficient detail to locate the land being surveyed, unless the location of the property is clearly shown by the plat itself;
(i) A statement disclosing the unadjusted error of closure;
(j) A statement identifying the land classification of the parcel surveyed;
(k) A statement as to whether the directions and distances shown on the plat is based on an adjusted traverse;
(l) The location of a cemetery or grave site that is visible or discernible during the field survey or the required research;
(m) A dated signature and the seal of the professional land surveyor responsible for and in charge of the survey;
(n) A written and graphic scale; and
(o) A title block containing the following:
1. Name and address of client and parcel owner;
2. Title of the survey;
3. Location of each parcel surveyed; and
4. Name and address of the professional land surveyor and, if applicable, the firm that performed the survey.
Section 10. Marking of Working Drawings And Unfinished Plats. (1) A working drawing or unfinished plat:
(a) Shall be marked as to its intended use; and
(b) Shall not be sealed.
(2) A marking shall be made in a manner similar to:
(a) “PRELIMINARY - NOT FOR RECORDING OR LAND TRANSFER”; or
(b) “EXHIBIT”.
Section 11. Partial Boundary Survey. (1) A partial boundary survey may be conducted by a professional land surveyor if:
(a) The portion of the property being surveyed can be clearly isolated from the remainder of the property; and
(b) The interest of an adjoining owner is not affected.
(2) A plat of a partial survey shall:
(a) Comply with this administrative regulation; and
(b) Graphically delineate that portion of the boundary covered by the current survey from the remainder of the property.
(12 Ky.R 291; eff. 9-10-85; Am. 16 Ky.R. 592; 1157; eff. 12-6-89; 24 Ky.R. 1540; 1866; 2062; eff. 3-12-98.)