WSR 04-05-030

EXPEDITED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Order 711 -- Filed February 11, 2004, 10:03 a.m. ]

Title of Rule: WAC 332-130-100(2) Equipment and procedures -- Requires how distance measuring instruments are to be maintained and adjusted.

Purpose: To protect the public by ensuring surveyor's distance measuring instruments are properly maintained.

Statutory Authority for Adoption: RCW 58.24.020.

Statute Being Implemented: RCW 58.24.020.

Summary: WAC 332-130-100(2) Shall read: "All measuring instruments and equipment shall be maintained in adjustment according to manufacturer's specifications."

Reasons Supporting Proposal: To reflect changes in technology relating to modern measuring instruments and to acknowledge that NGS 1400-meter baselines are not readily accessible or available.

Name of Agency Personnel Responsible for Drafting: Gwen Roy, Olympia, Washington, (360) 902-1197; Implementation and Enforcement: Jim Hurst, Olympia, Washington, (360) 902-1199.

Name of Proponent: Land Surveyors Association of Washington, private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: As the rule currently exists, surveyors are required to compare all distance measuring instruments annually to a baseline calibrated by the national geodetic survey (NGS). The rule was originally made to ensure a surveyor's instrument was measuring within tolerances set by the manufacturer. However, with modern electronic distance measuring instruments and new methods, including survey grade G.P.S. units, the method of calibrating has evolved so that the old rule doesn't apply. Also, NGS baselines are not available in many areas of the state and many that currently exist are not accessible or are threatened by proposed development.

Proposal Changes the Following Existing Rules: The proposed change will strike the last part of the sentence of WAC 332-130-100(2) which requires distance measuring instruments to be compared annually to a national geodetic survey calibrated baseline.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Heather White, Department of Natural Resources, Rules Coordinator, P.O. Box 47015, Olympia, WA 98504-7015 , AND RECEIVED BY April 20, 2004.


February 10, 2004

Bruce Mackey

Lands Steward

OTS-6933.1


AMENDATORY SECTION(Amending Order 561, filed 5/11/89)

WAC 332-130-100   Equipment and procedures.   (1) All land boundary surveys filed or recorded shall contain a statement identifying the type of equipment used, such as 10-second theodolite and calibrated chain, or 10-second theodolite and electronic distance measuring unit, and procedures used, such as field traverse, photogrammetric survey, global positioning system survey or a combination thereof to accomplish the survey shown;

(2) All measuring instruments and equipment shall be maintained in adjustment according to manufacturer's specifications ((and all distance measuring instruments shall be, at a minimum, compared and adjusted annually to a National Geodetic Survey calibrated baseline)).

[Statutory Authority: RCW 58.24.040(1). 89-11-028 (Order 561), 332-130-100, filed 5/11/89.]

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