WSR 08-19-064

PROPOSED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Filed September 15, 2008, 1:01 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-23-074.

Title of Rule and Other Identifying Information: WAC 332-130-120 Definitions and 332-130-110 Redundancy standards.

Hearing Location(s): Department of Natural Resources, Room 371, 1111 Washington Street S.E., Olympia, WA 98504, on November 7, 2008, at 10:00 a.m.; and at Conference Room 2B, Spokane County Public Works Building, 1026 West Broadway Avenue, Spokane, WA 99260, on October 24, 2008, at 10:00 a.m.

Date of Intended Adoption: December 5, 2008.

Submit Written Comments to: Gwen Roy, PLS, 1111 Washington Street S.E., P.O. Box 47030, Olympia, WA 98504-7030, e-mail sab@dnr.wa.gov, fax (360) 902-1191, by November 14, 2008.

Assistance for Persons with Disabilities: Contact the department of natural resources by October 17, 2008, TTY (360) 902-1156.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal creates WAC 332-130-110 and amends WAC 332-130-120.

Reasons Supporting Proposal: To clarify and create consistency in the standards of practice and methods of procedure of land surveying and to protect with [the] public by requiring all land surveys contain redundancy and procedural checks for errors.

Statutory Authority for Adoption: RCW 58.24.030, 58.24.040, 58.09.050, and 58.17.160.

Statute Being Implemented: RCW 58.24.020.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The survey advisory board together with department of natural resources and the board of registration for professional engineers and land surveyors have worked together to create this WAC. This standard of practice and method of procedure is considered necessary to protect the public and ensure accuracy in performing land surveys.

Name of Proponent: Survey advisory board, public.

Name of Agency Personnel Responsible for Drafting and Implementation: Gwen Roy, 1111 Washington Street S.E., Olympia, WA 98504-0703, (360) 902-1181; and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1565.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The procedure of redundant measurements in the practice of land surveying is considered necessary to achieve accuracy. An economic impact statement is not required because following this rule will be less than a minor cost to business and will actually result in monetary savings over the longer term.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required because this rule does not meet the requirements of significant legislative rule under RCW 34.05.328 (5)(c)(iii).

September 8, 2008

Bruce Mackey

Lands Steward

OTS-1901.1


AMENDATORY SECTION(Amending WSR 05-13-104, filed 6/17/05, effective 7/18/05)

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, 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) Measurement redundancy: To perform sufficient measurements to reduce or isolate blunders and statistically improve measurement accuracy.

(8) NAD83: North American Datum of 1983 as designated by chapter 58.20 RCW.

(((8))) (9) 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))) (10) Survey Recording Act: The law as established and designated in chapter 58.09 RCW.

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

[Statutory Authority: Chapter 58.24 RCW. 05-13-104, 332-130-020, filed 6/17/05, effective 7/18/05. 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.]


NEW SECTION
WAC 332-130-110   Closure and redundancy.   The following standards shall apply to geodetic surveys and land boundary surveys.

All land surveys shall contain procedures, measurement and redundancy and closure checks sufficient to detect errors and blunders and to ensure that the survey standards, chapter 332-130 WAC have been met.

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Washington State Code Reviser's Office