Application Of The Chapter - Land Surveyors - Business & Professions - CA

Section § 8725

If you want to work as a land surveyor in California, you need to prove that you are qualified and get a license under the rules set in this chapter. It's illegal to do any land surveying or to claim you are a land surveyor without a license, including working on property markers on land where you don't have rights, unless you have an exemption.

Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter.

It is unlawful for any person to practice, offer to practice, or represent himself or herself, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter.

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Section § 8725.1

This law says that both private and public entities, like state and local governments, must follow the same rules when it comes to hiring land surveyors. Every department or agency must have at least one person responsible for overseeing land surveying work who is qualified to do so.

It is the intent of the Legislature that the licensure requirements that are imposed upon private sector professional land surveyors and land surveying partnerships, firms, or corporations shall be imposed upon the state and any city, county, city and county, district, and special district that shall adhere to those requirements. Therefore, for the purposes of Section 8725 and this chapter, at least one person authorized to practice land surveying shall be designated the person in responsible charge of professional land surveying work practiced in any department or agency of the state, city, county, city and county, district, or special district.

land surveyors licensure requirements private sector

Section § 8726

This law defines what it means to practice land surveying in California. It includes activities like determining land boundaries, creating maps, and using mathematical methods to assess land features. To work as a land surveyor, certain titles, titles usage, or offering related services all fall under this legal definition. Additionally, it states that any government review of land surveying must involve someone who is officially authorized. There is an exception for unlicensed surveyors who were already in charge of related work in government before 1986, until they leave their position.

(a) A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:

(1) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731.

(2) Determines the configuration or contour of the earth’s surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry.

(3) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.

(4) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code).

(5) By the use of the principles of land surveying determines the position for any monument or reference point that marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.

(6) Geodetic surveying or cadastral surveying. As used in this chapter:

(A) Geodetic surveying means performing surveys, in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the position of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates.

(B) Cadastral surveying means performing a survey that creates, marks, defines, retraces, or reestablishes the boundaries and subdivisions of the public land survey system of the United States.

(7) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (1) to (6), inclusive.

(8) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or by any other title or by any other representation that they practice or offer to practice land surveying in any of its branches.

(9) Procures or offers to procure land surveying work for themselves or others.

(10) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced.

(11) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter.

(12) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in paragraphs (1) to (6), inclusive.

(13) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in paragraphs (1), (2), (3), (4), (5), (6), (11), and (12).

(14) Renders a statement regarding the accuracy of maps or measured survey data.

(b) Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced.

(c) The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying.

land surveying civil engineering alignment property boundaries

Section § 8726.1

This law lets licensed land surveyors offer to handle civil engineering tasks that are related to their surveying work, even if they can't do the engineering themselves. However, they must ensure that a registered civil engineer carries out all the actual civil engineering work. Additionally, land surveyors can manage or run a surveying business that includes offering these related engineering services.

Any licensed land surveyor may offer to practice, procure, and offer to procure civil engineering work incidental to his or her land surveying practice, even though he or she is not authorized to perform such work, provided all such civil engineering work is performed by or under the direction of a registered civil engineer. Further, any licensed land surveyor may manage or conduct as manager, proprietor, or agent, a land surveying practice which offers to practice, procure, and offers to procure, such incidental civil engineering work.

licensed land surveyor civil engineering surveying practice

Section § 8726.2

Licensed land surveyors in California are allowed to engage in land planning tasks as part of their surveying work.

A licensed land surveyor may also perform land planning in connection with the land surveying activities authorized by this chapter.

licensed land surveyor land planning land surveying activities

Section § 8727

If you're doing a survey purely for geological or landscaping reasons and you're licensed in those fields, it doesn't count as surveying under this specific chapter, as long as you're not marking out property lines.

Surveys made exclusively for geological purposes performed by a person authorized to practice geology under Chapter 12.5 (commencing with Section 7800) or exclusively for landscaping purposes performed by a person authorized to practice landscape architecture pursuant to Chapter 3.5 (commencing with Section 5615), that do not involve the determination of any property line do not constitute surveying within the meaning of this chapter.

geological surveys landscape architecture property lines

Section § 8728

This law states that surveys conducted under this chapter cannot include designing any buildings or structures, as those tasks fall under civil engineering.

Surveys authorized under this chapter do not include the design, either in whole or in part, of any structure or fixed works embraced within the practice of civil engineering.

surveying restrictions design exclusion civil engineering practice

Section § 8729

This law allows licensed land surveyors and civil engineers in California to run their businesses as individuals or groups under certain conditions. For a business to practice land surveying, a licensed surveyor or engineer must be in charge, and they must supervise all surveying services. If a business uses an individual's name in its title, that person must have a relevant state license. Out-of-state companies must follow similar rules and have a licensed surveyor or engineer in their California branch office regularly. Businesses can use a fictitious name but must meet specific criteria if including any real names. Furthermore, a deceased or retired person's name can be used if it was previously associated with the business and other conditions are met. A filing is required to confirm compliance, and these rules expire on January 1, 2034.

(a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:

(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.

(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.

(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.

(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.

(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.

(d) A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.

(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).

(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:

(1) The person’s name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.

(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.

(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.

(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that person’s name as used in the former business.

(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).

(g) This section does not affect Sections 6731.2 and 8726.1.

(h)

(1) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.

(2) The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).

(i) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.

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Section § 8729

This law outlines the conditions under which licensed land surveyors, or civil engineers licensed before 1982, can practice land surveying as a business in California. Such businesses must have a licensed individual in charge and meet specific naming requirements. If the business name includes a person's name, that person must be licensed appropriately. Out-of-state businesses can have branch offices in California if they adhere to similar rules and have a licensed person in charge at that location regularly. Using a deceased or retired person's name in the business is allowed with certain conditions. Businesses must regularly file a form with the board demonstrating compliance with these standards. This law becomes effective January 1, 2034.

(a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied: