2013 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 21.5. LAND SURVEYORS CHAPTER 1. DEFINITIONS
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IC 25-21.5
ARTICLE 21.5. LAND SURVEYORS
IC 25-21.5-1
Chapter 1. Definitions
IC 25-21.5-1-1
Application of chapter
Sec. 1. The definitions in this chapter apply throughout this
article.
As added by P.L.23-1991, SEC.12.
IC 25-21.5-1-2
Approved land surveying curriculum
Sec. 2. "Approved land surveying curriculum" means a land
surveying curriculum of at least four (4) years that includes the
fundamentals of land surveying and that has been approved by the
board.
As added by P.L.23-1991, SEC.12.
IC 25-21.5-1-2.5
"Authoritative"
Sec. 2.5. "Authoritative" means being presented as trustworthy
and competent when used to describe products, processes,
applications, or data resulting from the practice of surveying. For
purposes of this article, GIS or electronic map data are not
considered as authoritative survey products except when prepared by
or under the supervision of a professional surveyor.
As added by P.L.57-2013, SEC.32.
IC 25-21.5-1-3
Board
Sec. 3. "Board" refers to the state board of registration for
professional surveyors.
As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013,
SEC.33.
IC 25-21.5-1-3.5
"GIS"
Sec. 3.5. "GIS" means geographic information system.
As added by P.L.57-2013, SEC.34.
IC 25-21.5-1-3.7
"GNSS"
Sec. 3.7. "GNSS" means global navigation satellite system.
As added by P.L.57-2013, SEC.35.
IC 25-21.5-1-4
Repealed
(Repealed by P.L.57-2013, SEC.36.)
IC 25-21.5-1-5
Repealed
(Repealed by P.L.57-2013, SEC.37.)
IC 25-21.5-1-6
Licensing agency
Sec. 6. "Licensing agency" refers to the Indiana professional
licensing agency established under IC 25-1-5-3.
As added by P.L.23-1991, SEC.12. Amended by P.L.1-2006,
SEC.443.
IC 25-21.5-1-7
"Practice of surveying"
Sec. 7. (a) "Practice of surveying" means providing, or offering to
provide, professional services involving:
(1) the making of geometric measurements of, and gathering
related information pertaining to, the physical or legal features
of the earth, improvements on the earth, the space above the
earth, or any part of the earth; and
(2) the use and development of the measurements and
information gathered under subdivision (1) into survey
products, including graphics, digital data, maps, plats, plans,
reports, and descriptions and projects.
(b) Professional services provided under the practice of surveying
include consultation, investigation, testimony evaluation, expert
technical testimony, planning, mapping, assembling, and interpreting
gathered measurements and information related to any of the
following:
(1) Determining the configuration or contour of the earth's
surface or the position of fixed objects thereon by measuring
lines and angles and applying the principles of mathematics or
photogrammetry.
(2) Determining the size and shape of the earth, or any point on
the earth, by performing geodetic surveys using angular and
linear measurements through spatially oriented spherical
geometry.
(3) Determining, by the use of principles of surveying, the
position for any nonboundary related survey control monument
or reference point, or setting, resetting, or replacing any
nonboundary related monument or reference point.
(4) Locating, relocating, establishing, reestablishing, laying out,
retracing, or marking any property or boundary line or corner of
any tract of land or of any right-of-way or easement.
(5) Making any survey or preparing any plat for the subdivision
of any tract of land.
(6) Determining, by the use of principles of surveying, the
position for any boundary related survey monument or
reference point, or setting, resetting, or replacing any monument
or reference point.
(7) Preparing a description for any parcel or boundary of land,
or for any right-of-way or easement, except when prepared by
an attorney who is licensed to practice law in Indiana.
(8) Determining the amount of acreage contained in any parcel
of land, except when determined by an attorney who is licensed
to practice law in Indiana.
(9) Performing construction staking or layout of the control for
any elements of an engineering, building, or construction
project, if the position of an element is:
(A) dependent on;
(B) in specific relation to; or
(C) in close proximity to a boundary or property line or
corner, including easements and rights-of-way.
(10) For and within subdivisions being designed by a
professional surveyor, the preparation and furnishing of plats,
plans, and profiles for roads, storm drainage, sanitary sewer
extensions, and the location of residences or dwellings where
the work involves the use and application of standards
prescribed by local, state, or federal authorities.
(11) All work incidental to cleaning out, reconstructing, or
maintaining existing open and tile drains.
(12) Creating, preparing, or modifying electronic or
computerized data relative to the performance of the activities
described in this subsection.
(c) Activities included within the practice of surveying that must
be accomplished under the responsible charge of a professional
surveyor, unless specifically exempted under subsection (d), include
the following:
(1) The creation of maps and geo-referenced data bases
representing authoritative locations for boundaries, fixed works,
or topography, either by terrestrial surveying methods or by
photogrammetric or GNSS locations. This includes maps and
geo-referenced data bases prepared by any person, firm, or
government agency if that data is provided to the public as a
survey product.
(2) Original data acquisition, or the resolution of conflicts
between multiple data sources, when used for the authoritative
location of features within the following data themes:
(A) Geodetic control.
(B) Orthoimagery.
(C) Elevation and bathymetry.
(D) Fixed works.
(E) Government boundaries.
(F) Cadastral information.
(3) Certification of positional accuracy of maps or measured
survey data.
(4) Measurement, adjustment, and authoritative interpretation
of raw survey data.
(5) GIS-based parcel or cadastral mapping used for authoritative
boundary definition purposes wherein land title or development
rights for individual parcels are, or may be, affected.
(6) Interpretation of maps, deeds, or other land title documents
to resolve conflicting data elements within cadastral documents
of record.
(7) Acquisition of field data required to authoritatively position
fixed works or cadastral data to geodetic control.
(8) Adjustment or transformation of cadastral data to improve
the positional accuracy of the parcel layer or layers with respect
to the geodetic control layer within a GIS for purposes of
affirming positional accuracy.
(d) A distinction is made in this subsection, in the use of
electronic systems, between making or documenting original
measurements in the creation of survey products and the copying,
interpretation, or representation of those measurements in systems.
Further, a distinction is made according to the intent, use, or purpose
of measurement products in electronic systems, between the
determination of authoritative locations and the use of those products
as a locational reference for planning, infrastructure management,
and general information. The following items are not included as
activities within the definition of the practice of surveying:
(1) The creation of general maps:
(A) prepared by private firms or government agencies for
use as guides to motorists, boaters, aviators, or pedestrians;
(B) prepared for publication in a gazetteer or atlas as an
educational tool or reference publication;
(C) prepared for or by educational institutions for use in the
curriculum of any course of study;
(D) produced by any electronic or print media firm as an
illustrative guide to the geographic location of any event; or
(E) prepared by lay persons for conversational or illustrative
purposes, including advertising material and users' guides.
(2) The transcription of previously geo-referenced data into a
geographic information system by manual or electronic means,
and the maintenance thereof, if the data are clearly not intended
to indicate the authoritative location of property boundaries, the
precise definition of the shape or contour of the earth, and the
precise location of fixed works of humans.
(3) The transcription of public record data, without
modification except for graphical purposes, into geographic
information systems-based cadastres, including tax maps,
zoning maps, and associated records by manual or electronic
means, and the maintenance of that cadastre, if the data are
clearly not intended to authoritatively represent property
boundaries.
(4) The preparation of any document by any agency of the
federal government that does not define real property
boundaries, including civilian and military versions of
quadrangle topographic maps, military maps, satellite imagery,
and other similar documents.
(5) The incorporation or use of documents or data bases
prepared by any federal agency into a geographic information
system, including federal census and demographic data,
quadrangle topographic maps, and military maps.
(6) Inventory maps and data bases created by any organization,
in either hard copy or electronic form, of physical features,
facilities, or infrastructure that are wholly contained within
properties to which the organization has rights or for which the
organization has management responsibility. The distribution of
these maps and data bases outside the organization must contain
appropriate metadata describing, at a minimum, the accuracy,
method of compilation, data source or sources, and date or
dates, and disclaimers of use clearly indicating that the data are
not intended to be used as a survey product.
(7) Maps, cross-sections, graphics, and data bases depicting the
distribution of natural resources or phenomena prepared by
foresters, geologists, soil scientists, geophysicists, biologists,
archeologists, historians, or other persons qualified to document
and interpret the data in the context of their respective practices.
(8) Maps and geo-referenced data bases depicting physical
features and events prepared by any government agency if the
access to that data is restricted by statute, including
geo-referenced data generated by law enforcement agencies
involving crime statistics and criminal activities.
(e) The use of photogrammetric methods or similar remote
sensing technology to perform any part of the practice of surveying
as defined in this section may be performed only under the direct
control and supervision of a professional surveyor or professional
photogrammetrists who maintain a current title of "Certified
Photogrammetrist" from a national scientific organization having a
process for certifying photogrammetrists.
(f) The practice of surveying encompasses a number of
disciplines, including geodetic surveying, hydrographic surveying,
cadastral surveying, construction staking, route surveying,
photogrammetric surveying, and topographic surveying. A
professional surveyor may practice only within the surveyor's area of
expertise.
As added by P.L.23-1991, SEC.12. Amended by P.L.218-1993,
SEC.1; P.L.57-2013, SEC.38.
IC 25-21.5-1-8
"Practice or offer to practice surveying"
Sec. 8. "Practice or offer to practice surveying" means the act of
a person who does any of the following:
(1) By verbal claim, sign, advertisement, letterhead, card,
telephone listing, or in any other way represents the person as
a professional surveyor.
(2) Performs or offers to perform any acts or work involving the
practice of professional surveying.
As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013,
SEC.39.
IC 25-21.5-1-8.5
"Professional surveyor"
Sec. 8.5. "Professional surveyor" means a person who:
(1) has special knowledge of mathematics and surveying
principles and methods that are acquired by education and
practical experience; and
(2) is a registered professional surveyor.
As added by P.L.57-2013, SEC.40.
IC 25-21.5-1-9
Secretary
Sec. 9. "Secretary" has the meaning under IC 25-1-6-5(c).
As added by P.L.23-1991, SEC.12.
IC 25-21.5-1-9.7
"Surveyor intern"
Sec. 9.7. "Surveyor intern" means a person who:
(1) has:
(A) graduated from an approved surveying curriculum of at
least four (4) years; or
(B) acquired, through surveying education and experience in
surveying work, knowledge and skill approximating that
obtained by graduation from an approved surveying
curriculum of at least four (4) years;
(2) has successfully passed an examination as prescribed under
IC 25-21.5-6; and
(3) has been issued an appropriate certificate of enrollment as
a surveyor intern under IC 25-21.5-7-2.
As added by P.L.57-2013, SEC.41.
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