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Subchapter 001: GENERAL PROVISIONS
§ 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.)
§ 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.)
§ 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.)
§ 2504. Penalties and enforcement
A person who violates subsection 2503(a) of this chapter shall be subject to the penalties
provided in 3 V.S.A. § 127(c). (Added 1967, No. 364 (Adj. Sess.), § 21, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2007, No. 29, § 36; 2007, No. 163 (Adj. Sess.), § 28.)
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Subchapter 002: ADMINISTRATION
§ 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.)
§ 2542. Repealed. 1985, No. 245 (Adj. Sess.), § 1.
§ 2543. Board meetings
(a) The Board shall meet, at least two times each year, at the call of the Chair or upon
the request of any other two members.
(b) [Repealed.]
(c) A majority of the members of the Board shall be a quorum for transacting business,
and all action shall be taken upon a majority vote of the members present and voting.
(d) The provisions of the Vermont Administrative Procedure Act, 3 V.S.A. chapter 25, relating
to contested cases, shall apply to proceedings under this chapter.
(e) Fees for the service of process and attendance before the Board shall be the same
as the fees paid sheriffs and witnesses in Superior Court. (Added 1967, No. 364 (Adj. Sess.), § 6, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2005, No. 27, § 73; 2011, No. 116 (Adj. Sess.), § 30.)
§ 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.)
§ 2545. Repealed. 1997, No. 145 (Adj. Sess.), § 31.
§§ 2546-2549. Repealed. 1985, No. 245 (Adj. Sess.), § 1.
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Subchapter 003: LICENSES
§ 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.)
§ 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.)
§ 2592a. Licensure by endorsement
Upon an applicant’s successful completion of the Vermont portion of the licensing
examination, the Board may issue a license to an applicant who is licensed or registered
and currently in good standing in a U.S. or Canadian jurisdiction having licensing
requirements that are substantially equivalent to the requirements of this chapter.
The absence of a portfolio requirement in another jurisdiction shall not prevent the
Board from finding substantial equivalence. (Added 2011, No. 116 (Adj. Sess.), § 32.)
§ 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.)
§ 2594. Repealed. 2011, No. 116 (Adj. Sess.), § 33.
§ 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.)
§ 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.)
§ 2597. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
| (1) Application |
$290.00 |
| (2) Biennial Renewal |
$365.00 |
(Added 1967, No. 364 (Adj. Sess.), § 19, eff. Jan. 1, 1969; amended 1971, No. 250 (Adj. Sess.), § 2; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 58; 1991, No. 167 (Adj. Sess.), § 38b; 1997, No. 59, § 58, eff. June 30, 1997; 1999, No. 49, § 179; 2001, No. 143 (Adj. Sess.), § 28, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 18; 2015, No. 57, § 4; 2023, No. 77, § 26, eff. June 20, 2023.)
§ 2598. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a.
(b) Unprofessional conduct includes the following actions by a licensee:
(1) practicing or offering to practice beyond the scope permitted by law;
(2) accepting and performing responsibilities that the licensee knows or has reason to
know that he or she is not competent to perform;
(3) making any material misrepresentation with respect to the qualifications of or experience
of an applicant or otherwise in the practice of the profession, whether by commission
or omission;
(4) [Repealed.]
(5) willfully acting, while serving as a Board member, in any way to contravene the provisions
of this chapter and thereby artificially restrict the entry of qualified persons into
the profession;
(6) using the licensee’s seal on documents prepared by others not in the licensee’s direct
supervision, or using the seal of another. (Added 1967, No. 364 (Adj. Sess.), § 20, eff. Jan. 1, 1969; amended 1971, No. 250 (Adj. Sess.), § 3; 1985, No. 245 (Adj. Sess.), § 1; 1991, No. 167 (Adj. Sess.), § 38c; 1997, No. 145 (Adj. Sess.), § 47; 2011, No. 66, § 7, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 35.)
§ 2599. Repealed. 2011, No. 116 (Adj. Sess.), § 36.
§ 2600. Repealed. 1989, No. 250 (Adj. Sess.), § 92.
§ 2601. Renewals
(a) Licenses shall be renewed every two years upon payment of the renewal fee following
the procedure established by the Office of Professional Regulation.
(b) [Repealed.]
(c) A license that has lapsed for a period of three years or less may be renewed upon
application and payment of the renewal fee and the late penalty fee.
(d) As a condition of renewal, the Board shall require that a licensee establish that
he or she has completed continuing education, as approved by the Board not to exceed
15 hours for each year of renewal.
(e) The Board may renew the license of an individual whose license has lapsed for more
than three years upon payment of the required fee and the late renewal penalty, provided
the individual has satisfied all the requirements for renewal established by the Board
by rule. (Added 1993, No. 108 (Adj. Sess.), § 11; amended 2011, No. 116 (Adj. Sess.), § 37.)
§ 2602. Expired. 1997, No. 77 (Adj. Sess.), § 2, as amended by 1999, No. 52, § 42.