WSR 05-08-067

PROPOSED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Filed March 31, 2005, 11:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-02-073.

Title of Rule and Other Identifying Information: Chapter 332-130 WAC, Minimum standards for land boundary surveys and geodetic control surveys and guidelines for the preparation of land descriptions.

Hearing Location(s): Natural Resources Building, Room 371, 1111 Washington Street S.E., Olympia, WA 98504-7060, on May 10, 2005, at 2:00 p.m.

Date of Intended Adoption: June 7, 2005.

Submit Written Comments to: Gwen Roy, PLS, Manager, Public Land Survey Office, Department of Natural Resources, P.O. Box 47060, Olympia, WA 98504-7060, e-mail gwen.roy@wadnr.gov, fax (360) 902-1191, by May 10, 2005.

Assistance for Persons with Disabilities: Contact Engineering and General Services Division at (360) 902-1200, by May 10, 2005, TTY (360) 902-1125 or (360) 902-1200.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: For clarification and to bring existing rules up to date with current technology. The proposal changes the coordinate system adjustment required for the horizontal control network in Washington from NAD83 (1991) and allow for the reporting of the specific adjustment used.

Reasons Supporting Proposal: The original rule was written before the proliferation of G.P.S. and the datum at that time was thought to be stable. Technologic advances have simplified the remeasuring of the horizontal control network and have allowed greater accuracies. The original rule requires surveyors to use NAD83 (1991), which is an out dated adjustment. The proposed rule change would allow surveyors to take advantage of new technology and higher positional accuracies by using current and future datum adjustments.

Statutory Authority for Adoption: Chapter 58.24 RCW.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Department of Natural Resources, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Steele, Olympia, (360) 902-1181; and Enforcement: George Twiss, Olympia, Board of Registration for Engineers and Land Surveyors, (360) 664-1565.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared under chapter 19.85 RCW since this rule will not impose additional costs on businesses in an industry.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not prepared under RCW 34.05.328 since this rule will not impose additional costs on businesses in an industry.

March 30, 2005

Howard P. Thomsen

for Bruce Mackey

Lands Steward


AMENDATORY SECTION(Amending Order 617, filed 2/25/94, effective 3/28/94)

WAC 332-120-040   Monument removal or destruction.   (1) All land boundary survey monuments that are removed or destroyed shall be replaced or witness monuments shall be set to perpetuate the survey point.

(2) A land boundary survey corner shall be referenced to the Washington Coordinate System of 1983, ((adjusted in 1991,)) prior to removal or destruction. See WAC ((332-130-060, Geodetic control)) 332-130-070(2), land boundary survey standards.

An applicant may request a variance from this referencing requirement by so noting in the applicant information section on the permit and providing the justification on the back of the form. The department shall note whether the variance is approved or not approved and shall provide the reason for not approving the request.

[Statutory Authority: RCW 58.24.040(8). 94-06-034 (Order 617), 332-120-040, filed 2/25/94, effective 3/28/94; Order 131, 332-120-040, filed 3/1/72, effective 4/7/72.]


AMENDATORY SECTION(Amending Order 597, filed 1/3/92, effective 2/3/92)

WAC 332-130-020   Definitions.   The following definitions shall apply to this chapter:

(1) Local geodetic control surveys: Surveys for the specific purpose of establishing control points for extending the National Geodetic Survey horizontal and vertical control nets, ((establishing plane coordinate values on boundary monuments within the requirements of the Washington coordinate system, and determining the vertical elevations of boundary monuments)) also known as the National Spatial Reference System (NSRS), but not submitted to the National Geodetic Survey for inclusion in the NSRS.

(2) GLO and BLM: The General Land Office and its successor, the Bureau of Land Management.

(3) Land boundary surveys: All surveys, whether made by individuals, entities or public bodies of whatever nature, for the specific purpose of establishing, reestablishing, laying out, subdividing, defining, locating and/or monumenting the vertical or horizontal boundary of any easement, right of way, lot, tract, or parcel of real property or which reestablishes or restores General Land Office or Bureau of Land Management survey corners.

(4) Land corner record: The record of corner information form as prescribed by the department of natural resources in WAC 332-130-025.

(5) Land description: A description of real property or of rights associated with real property.

(6) Land surveyor: Any person authorized to practice the profession of land surveying under the provisions of chapter 18.43 RCW.

(7) NAD83 (((1991))): North American Datum of 1983((, adjusted in 1991)) as designated by chapter 58.20 RCW.

(8) Parcel: A part or portion of real property including but not limited to GLO and BLM segregations, easements, rights of way, aliquot parts of sections or tracts.

(9) Survey Recording Act: The law as established and designated in chapter 58.09 RCW.

(10) Washington coordinate system: The system of plane coordinates as established and designated by chapter 58.20 RCW.

[Statutory Authority: RCW 58.09.050 and 58.24.040(1). 92-03-007 (Order 597), 332-130-020, filed 1/3/92, effective 2/3/92. Statutory Authority: RCW 58.24.040(1). 91-19-013 (Order 581), 332-130-020, filed 9/9/91, effective 10/10/91; 89-11-028 (Order 561), 332-130-020, filed 5/11/89; Order 275, 332-130-020, filed 5/2/77.]


AMENDATORY SECTION(Amending Order 581, filed 9/9/91, effective 10/10/91)

WAC 332-130-060   Local geodetic control survey standards.   The following standards shall apply to local geodetic control surveys:

(((1))) The datum for the horizontal control network in Washington shall be NAD83 (((1991))) as officially adjusted and published by the National Geodetic Survey of the United States Department of Commerce or as established in accordance with chapter 58.20 RCW. The datum ((adjustment)) tag and coordinate epoch date (if pertinent) shall be ((identified)) reported on all ((geodetic control referenced)) documents prepared, which show local geodetic control; ((i.e.)) e.g., NAD83 (1991), NAD83 (CORS) (2002.00), NAD83 (NSRS) (2005.50) and other future standards.

(2) Horizontal and vertical control work must meet or exceed those accuracy and specification standards as published by the Federal Geodetic Control Committee, September 1984, in the bulletin titled, "Standards and Specifications for Geodetic Control Networks" or any subsequently published bulletins modifying such class standards. The class of control surveys shall be shown on documents prepared.

[Statutory Authority: RCW 58.24.040(1). 91-19-013 (Order 581), 332-130-060, filed 9/9/91, effective 10/10/91; 89-11-028 (Order 561), 332-130-060, filed 5/11/89; Order 275, 332-130-060, filed 5/2/77.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 568, filed 3/1/90, effective 4/1/90)

WAC 332-130-070   Land boundary survey standards.   The following standards shall apply to land boundary surveys:

(1) The accuracy or precision of field work may be determined and reported by either relative accuracy procedures or field traverse standards, provided that the final result shall meet or exceed the standards contained in WAC 332-130-090.

(2) The datum when using the Washington Coordinate System shall be NAD83 as officially adjusted and published by the National Geodetic Survey of the United States Department of Commerce or as established in accordance with chapter 58.20 RCW. The datum tag and the coordinate epoch date (if pertinent) shall be reported on all documents prepared which reference the Washington Coordinate System, e.g., NAD83 (1991), NAD83 (CORS) (2002.00), NAD83 (NSRS) (2005.50) and other future standards.

[Statutory Authority: RCW 58.24.040(1). 90-06-028 (Order 568), 332-130-070, filed 3/1/90, effective 4/1/90; 89-11-028 (Order 561), 332-130-070, filed 5/11/89; Order 275, 332-130-070, filed 5/2/77.]

Washington State Code Reviser's Office