Revision: Dec. 21, 2021, 1:29 p.m.
SB 383-FN - AS INTRODUCED
2022 SESSION
22-3048
08/10
SENATE BILL 383-FN
AN ACT relative to land surveying services.
SPONSORS: Sen. Ricciardi, Dist 9; Rep. Dolan, Rock. 5
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill provides for land surveying nonresident licensure and civil penalties for unlicensed practice and establishes surveyor right of entry and landowner liability protections during the performance of certain land surveying activities.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-3048
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to land surveying services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that to conduct a professional survey, it is often necessary for land surveyors to enter upon land that does not belong to the land owner they are specifically working for at the time.
I. In order to fulfill the required statutory and administrative rules for professional conduct and data collection, surveyors must cross onto abutting properties to collect property corners of abutting parcels that are needed to properly perform the function of land surveying. Additionally, a surveyor may need to cross abutting properties to collect positions of iron pipes, stone bounds, stone walls, and other existing property boundary monuments.
II. While in the process of subdividing land or locating existing wetlands, topographic contours and other property features, municipalities mandate that a land surveyor must cross onto abutting properties to collect certain data through their zoning, subdivision and site plan ordinances. These municipal mandates as well as requirements by statute and administrative rules put a surveyor in conflict with their professional and ethical obligations if they are not able to collect the proper data to make informed boundary opinions. It also allows for potential grey areas of liability with land surveyors and property owners when potential damage or injury occurs. Concerns about trespassing and property damage clouds the potential for recovery of damage by property owners.
III. A right of entry law will allow land surveyors to meet their mandated obligations by municipalities, while ensuring for the proper requirements of notification and clear recourse for property damage by the owners. It also protects property owners by preventing potential liability claims as a result of non-authorized entry.
IV. A landowner liability protection law during land surveying activities will allow land surveyors to meet their mandated obligations by municipalities, while ensuring for the proper requirements of notification and clear recourse for property damage by the owners. It also protects property owners by preventing potential liability claims as a result of non-authorized entry.
V. This act brings the conflicting statutory and administrative rules in line with liability laws and professional conduct requirements.
2 New Section; Right of Entry for Surveyors Performing Survey Services. Amend RSA 310-A by inserting after section 53 the following new section:
310-A:53-a Right of Entry for Land Surveyors Performing Surveying Services.
I. When performing surveying services as a licensed land surveyor licensed under RSA 310-A:55 the land surveyor and authorized agents or employees of any such land surveyor may enter upon or cross any lands only to perform necessary surveying services provided that the surveyor and authorized agents or employees of such land surveyor:
(a) Makes a reasonable effort to notify the landowner or, in the case of a lease, the lessee thereof of their intent to enter upon the property to make a land survey according to administrative requirements. Such efforts shall include learning the name of the owner from the county registry and attempting to communicate with the owner by phone or email.
(b) Carries means of proper identification as to their licensure or employment and display this identification to anyone requesting identification.
(c) Operates upon such lands during reasonable hours.
(d) Complies with all federal and state safety rules and regulations that apply to the land that they enter or cross, pursuant to this section.
II. Nothing in this section shall be construed to:
(a) Remove civil liability for damage to land, chattels, crops, or personal property.
(b) Authorize any professional land surveyor, authorized agent, or employee to enter any building or structure used as a residence or for storage.
(c) Hold a landowner whose property abuts the subject property being surveyed to be liable to a professional land surveyor and the surveyor’s assistant for any injury on their property nor confer a duty of care to such landowner relative to persons on the premises who are engaged in the survey.
3 Violations and Penalties. Amend RSA 310-A:72 to read as follows:
310-A:72 Violations and Penalties.
I. Any person who shall practice or offer to practice land surveying in this state for others without being licensed in accordance with this subdivision, or any person presenting or attempting to use as one's own the license or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a license, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or non-existent or revoked license or authorization, or any person who shall violate any of the provisions of this subdivision shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if a business organization.
II. In addition to the criminal penalties in paragraph I, any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a professional land surveyor or surveyor intern without being licensed or exempt under this section shall, in addition to any other penalty provided by law, pay a civil penalty to the board in an amount not to exceed $10,000 for each offense, as determined by the board. The civil penalty shall be assessed by the board after a hearing is held in accordance with this subdivision regarding the provision of a hearing for the discipline of a licensee. The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a final judgment and may be filed and executed in the same manner as any judgment from any court of record.
III. The board may investigate any actual, alleged, or suspected unlicensed activity.
4 New Section; Nonresident Licensure. Amend RSA 310-A by inserting after section 63 the following new section:
310-A:63-a Nonresident Licensure. The board may, upon application and payment of the required fee, issue a license as a licensed land surveyor to any person of any state, territory, or possession of the United States or of any country provided that:
I. The applicant is registered or licensed in another state, territory, possession or country whose requirements are equal to, or greater than, the requirements of this state, or;
II. The applicant has met the requirements for licensure as set forth in RSA 310-A:63, I-II.
5 Effective Date. This act shall take effect January 1, 2023.
22-3048
12/16/21
SB 383-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to land surveying services.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2022 through 2025.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification