CHAPTER 275

FORMERLY

HOUSE BILL NO. 624

AN ACT TO AMEND SUBCHAPTER I, CHAPTER 27, TITLE 24, DELAWARE CODE, PROVIDING A PROFESSIONAL CODE FOR LAND SURVEYORS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §2701 of Chapter 27, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new §2701 to read as follows:

"§2701. Definitions

As used in this Chapter:

(a) "Board" means the Delaware State Board for Professional Land Surveyors.

(b) "Professional Land Surveyor" means an individual who:

(1) is a professional specialist in the technique of measuring land;

(2) is educated in the principles of mathematics and the related sciences;

(3) is experienced in the application of the principles of mathematics and the related sciences;

(4) understands the relevant requirements of law for the presentation of adequate evidence relating to property descriptions and the surveying of real property;

(5) is engaged in the practice of land surveying as defined in subsection (c); and

(6) holds a valid certificate to practice land surveying, as herein defined, in the State of Delaware.

(c) "Practice of land surveying" shall mean, among other things, any professional service or work, the adequate performance of which involves the special knowledge and application of the principles of mathematics and related sciences, and the relevant requirements of law all of which are acquired by education, training and practical experience. It shall mean the performance of professional work and services such as consultation, research, land planning, determination of land uses, design, preparation of drawings, legal descriptions, specifications and contract documents in connection with the use and development of land.

"Practice of land surveying" shall include, but not limited to, the act of measuring, locating, establishing or reestablishing corners, lines, boundaries, angles, elevations, contours and natural and man-made features in the air, on the surface or subsurface of the earth, within underground workings; and on the beds or surface of bodies of water for the purpose of determining or establishing and facts of size, area, shape, topography, tidal datum planes, legal or geodetic location or relocation, and orientation of improved or unimproved real property and appurtenances thereto.

"Practice of land surveying" shall also include, but not limited to, the horizontal and vertical control for aerial surveys and photogrammetric compilation; polaris and solar observations for the determination of the true azimuth; the monumentation and remonumentation of boundaries of lands, divisions of land, tracts, parcels and lots; the measurement and preparation of plans showing existing improvements after construction; the layout of proposed improvements and the preparation of descriptions and plans for use in legal instruments of conveyance of real property and property rights.

"Practice of land surveying" shall further include, but not limited to, the design, preparation and furnishing of subdivision plans, condominium plans, land development plans, sedimentation and erosion control plans, grading plans, site plans, record plats, and horizontal alignments, profiles and typical sections for roads, streets, utilities, sanitary sewers and storm drainage systems. This shall not be construed so as to permit the Professional Land Surveyor to include the design of sewage disposal stations, lift stations, commercial and industrial buildings, pumping stations, bridges or to prepare plans for the construction of engineering and architectural projects.

(d) "Responsible charge" shall mean the direct control and personal direction of the investigation, operation and execution of land surveying work requiring initiative, professional skill and independent judgement. The teaching of an acknowledged land surveying curriculum may be considered responsible charge of important land surveying work."

Approved August 4, 1975