Original Notice.

Title of Rule: Checklist for survey maps being recorded.

Purpose: Update chapter 332-130 WAC to reflect changes in chapter 58.09 RCW and adopt a survey map recording checklist in WAC, in compliance with RCW 58.09.110.

Statutory Authority for Adoption: RCW 58.24.040(1) and 58.09.110.

Statute Being Implemented: RCW 58.09.050 and 58.09.110.

Summary: The checklist details the minimum requirements for recording a survey map. It addresses the areas of acceptable media, legibility, and indexing. For maps filed pursuant to chapter 58.09 RCW, no other checklist is authorized. WAC 332-130-050(4) is changed to bring it into compliance with new standards established in chapter 58.09 RCW as a result of HB 1542.

Reasons Supporting Proposal: The proposal lowers costs for the survey industry and creates a mandatory use checklist that will provide uniform recording standards throughout the thirty-nine counties.

Name of Agency Personnel Responsible for Drafting: David Steele, Survey Manager, 1111 Washington Street, Olympia, (360) 902-1181; Implementation: DNR Public Land Survey Office and all counties in Washington; and Enforcement: County auditors.

Name of Proponent: County Auditors; Land Surveyors Association of Washington, private.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None. Consistent with statute, implemented by counties, enforcement does not apply.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 332-130-050 (1)(a)(iii), (1)(d)(i), (1)(d)(iii), and (3)(e) are changed to update and modernize language.

WAC 332-130-050(4) is changed to bring it into compliance with new standards established in chapter 58.09 RCW as a result of HB 1542.

New subsection WAC 332-130-050(5) is created to add the checklist as required by HB 1542. The checklist details the minimum requirements for recording a survey map. It addresses the areas of acceptable media, legibility, and indexing. For maps filed pursuant to chapter 58.09 RCW, no other checklist is authorized. This section makes the checklist mandatory, providing uniform recording standards throughout the thirty-nine counties.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The survey industry will have more flexibility in meeting recording requirements, which will result in lower map preparation costs. Also, the mandatory use checklist will bring uniformity throughout the state to the recording process which will also lower map preparation costs.

RCW 34.05.328 does not apply to this rule adoption. This is a minor rule pursuant to RCW 34.05.328 (5)(b)(ii), (iii) and does not meet the definition of a significant rule in (c)(iii).

The following law is shown for reference to the above minor rule statement.

RCW 34.05.328 Significant legislative rules, other selected rules.

(5)(a) Except as provided in (b) of this subsection, this section applies to:

(b) This section does not apply to:

(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party;

(iii) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, ...

(iii) A "significant legislative rule" is a rule other than a procedural or interpretive rule that (A) adopts substantive provisions of law pursuant to delegated legislative authority, the violation of which subjects a violator of such rule to a penalty or sanction; (B) establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; or (C) adopts a new, or makes significant amendments to, a policy or regulatory program.

Hearing Location: Natural Resources Building, Room 371, 1111 Washington Street S.E., Olympia, WA 98504-7060, on May 24, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Don Fitch, Department of Natural Resources, Public Land Survey Office, TDD (360) 902-1156, or (360) 902-1197.

Submit Written Comments to: David Steele, Survey Manager, Department of Natural Resources, P.O. Box 47060, Olympia, WA 98504-7060, fax (360) 902-1191, by May 25, 2000.

Date of Intended Adoption: June 15, 2000.

March 21, 2000

Julie Boyer

Supervisor

The following requirements apply to land boundary survey maps and plans, records of surveys, plats, short plats, boundary line adjustments, and binding site plans required by law to be filed or recorded with the county.

(1) All such documents filed or recorded shall conform to the following:

(a) They shall display a county recording official's information block which shall be located along the bottom or right edge of the document unless there is a local requirement specifying this information in a different format.      The county recording official's information block shall contain:

(i) The title block, which shall be on all sheets of maps, plats or plans, and shall identify the business name of the firm and/or land surveyor that performed the survey.      For documents not requiring a surveyor's certificate and seal, the title block shall show the name and business address of the preparer and the date prepared.      Every sheet of multiple sheets shall have a sheet identification number, such as "sheet 1 of 5";

(ii) The auditor's certificate, where applicable, which shall be on the first sheet of multiple sheets; however, the county recording official shall enter the appropriate volume and page and/or the auditor's file number on each sheet of multiple sheets;

(iii) The surveyor's certificate, where applicable, which shall be on the first sheet of multiple sheets and shall show the name, license number, original signature and seal of the land surveyor who had responsible charge of the survey portrayed, and the date the land surveyor approved the map or plat.      Every sheet of multiple sheets shall have the seal and signature of the land surveyor and the date signed;

(iv) The following indexing information on the first sheet of multiple sheets:

(A) The section-township-range and quarter-quarter(s) of the section in which the surveyed parcel lies, except that if the parcel lies in a portion of the section officially identified by terminology other than aliquot parts, such as government lot, donation land claim, homestead entry survey, townsite, tract, and Indian or military reservation, then also identify that official subdivisional tract and call out the corresponding approximate quarter-quarter(s) based on projections of the aliquot parts.      Where the section is incapable of being described by projected aliquot parts, such as the Port Angeles townsite, or elongated sections with excess tiers of government lots, then it is acceptable to provide only the official GLO designation.      A graphic representation of the section divided into quarter-quarters may be used with the quarter-quarter(s) in which the surveyed parcel lies clearly marked;

(B) Additionally, if appropriate, the lot(s) and block(s) and the name and/or number of the filed or recorded subdivision plat or short plat with the related recording data;

(b) They shall contain:

(i) A north arrow;

(ii) The vertical datum when topography or elevations are shown;

(iii) The basis for bearings, angle relationships or azimuths shown.      The description of the directional reference system, along with the method and location of obtaining it, shall be clearly given (such as "North by Polaris observation at the SE corner of section 6"; "Grid north from azimuth mark at station Kellogg"; "North by compass using twenty-one degrees variation"; "None"; or "Assumed bearing based on ...").      If the basis of direction differs from record title, that difference should be noted;

(iv) Bearings, angles, or azimuths in degrees, minutes and seconds;

(v) Distances in feet and decimals of feet;

(vi) Curve data showing the controlling elements.

(c) They shall show the scale for all portions of the map, plat, or plan provided that detail not drawn to scale shall be so identified.      A graphic scale for the main body of the drawing, shown in feet, shall be included.      The scale of the main body of the drawing and any enlargement detail shall be large enough to clearly portray all of the drafting detail, both on the original and reproductions;

(d) The document filed or recorded and all copies required to be submitted with the filed or recorded document shall, for legibility purposes:

(i) Have a uniform contrast suitable for scanning or microfilming.

(ii) Be without any form of cross-hatching, shading, or any other highlighting technique that to any degree diminishes the legibility of the drafting detail or text;

(iii) Contain dimensioning and lettering no smaller than 0.08 inches, vertically, and line widths not less than 0.008 inches (equivalent to pen tip 000).      This provision does not apply to vicinity maps, land surveyors' seals and certificates.

(e) They shall not have any adhesive material affixed to the surface;

(f) For the intelligent interpretation of the various items shown, including the location of points, lines and areas, they shall:

(i) Reference record survey documents that identify different corner positions;

(ii) Show deed calls that are at variance with the measured distances and directions of the surveyed parcel;

(iii) Identify all corners used to control the survey whether they were calculated from a previous survey of record or found, established, or reestablished;

(iv) Give the physical description of any monuments shown, found, established or reestablished, including type, size, and date visited;

(v) Show the record land description of the parcel or boundary surveyed or a reference to an instrument of record;

(vi) Identify any ambiguities, hiatuses, and/or overlapping boundaries;

(vii) Give the location and identification of any visible physical appurtenances such as fences or structures which may indicate encroachment, lines of possession, or conflict of title.

(2) All signatures and writing shall be made with permanent black ink.

(3) The following criteria shall be adhered to when altering, amending, changing, or correcting survey information on previously filed or recorded maps, plats, or plans:

(a) Such documents filed or recorded shall comply with the applicable local requirements and/or the recording statute under which the original map, plat, or plan was filed or recorded;

(b) Alterations, amendments, changes, or corrections to a previously filed or recorded map, plat, or plan shall only be made by filing or recording a new document;

(c) All such documents filed or recorded shall contain the following information:

(i) A title or heading identifying the document as an alteration, amendment, change, or correction to a previously filed or recorded map, plat, or plan along with, when applicable, a cross-reference to the volume and page and auditor's file number of the altered document;

(ii) Indexing data as required by subsection (1)(a)(iv) of this section;

(iii) A prominent note itemizing the change(s) to the original document.      Each item shall explicitly state what the change is and where the change is located on the original;

(d) The county recording official shall file, index, and cross-reference all such documents received in a manner sufficient to provide adequate notice of the existence of the new document to anyone researching the county records for survey information;

(e) The county recording official shall send to ((the engineering division of)) the department of natural resources, as per RCW 58.09.050(3), a legible copy of any document filed or recorded which alters, amends, changes, or corrects survey information on any document that has been previously filed or recorded pursuant to the Survey Recording Act.

(4) ((In the absence of permanency and durability standards for public records, eventually to be established by rule by the Washington state division of archives and records management, the following standards will apply to maps, plats, or plans filed with the county.      Upon adoption of rules established by the division of archives and records management, those rules shall prevail over this section.

(a) The following are deemed to be acceptable material for filing:

(i) Permanent black ink on mylar;

(ii) Photo mylar with a fixed silver halide base;

(iii) Permanent black ink on mylar when the ink is coated with a suitable substance to assure permanent legibility;

(b) The following are deemed to be unacceptable material for filing:

(i) Diazo mylar;

(ii) Linen with an image produced by a dry electrostatic process;

(iii) Mylars with an image produced by a dry electrostatic process.))

Survey maps, plats and plans filed with the county shall be an original that is legibly drawn in black ink on mylar and is suitable for producing legible prints through scanning, microfilming or other standard copying procedures. The following are allowable formats for the original that may be used in lieu of the format stipulated above:

(a) photo mylar with original signatures.

(b) any standard material as long as the format is compatible with the auditor's recording process and records storage system. Provided, that records of survey filed pursuant to 58.09 RCW are subject to the restrictions stipulated in 58.09.110(5) RCW.

(c) an electronic version of the original if the county has the capability to accept a digital signature issued by a licensed certification authority under chapter 19.34 RCW or a certification authority under the rules adopted by the Washington state board of registration for professional engineers and land surveyors, and can import electronic files into an imaging system. The electronic version shall be a standard raster file format acceptable to the county.

(5) The following checklist is the only checklist that may be used to determine the recordability of records of survey filed pursuant to 58.09 RCW. There are other requirements to meet legal standards. This checklist also applies to maps filed pursuant to the other survey map recording statutes, but for these maps there may be additional sources for determining recordability.

•	If the function of the document submitted is to change a previously filed record, it must also have:
	[ ] a title identifying it as a correction, amendment, alteration or change to a previously filed record,
	[ ] a note itemizing the changes.
•	For records of survey:
	[ ] The sheet size must be 18" x 24"
	[ ] The margins must be 2" on the left and 1/2" for the others, when viewed in landscape orientation.
	[ ] In addition to the map being filed there must be two prints included in the submittal; except that, in counties using imaging systems fewer prints, as determined by the Auditor, may be allowed.

[Statutory Authority: RCW 58.24.040(1).      89-11-028 (Order 561), § 332-130-050, filed 5/11/89; Order 275, § 332-130-050, filed 5/2/77.]

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.

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