WSR 24-06-068
PERMANENT RULES
DEPARTMENT OF
NATURAL RESOURCES
[Filed March 5, 2024, 7:12 a.m., effective April 5, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Land survey monument preservation procedures. Clarification of process and revision of existing requirements for creating a public record. Defining the role of the professional land surveyor being in charge of the process.
Citation of Rules Affected by this Order: Amending WAC 332-120-020, 332-120-050, 332-120-060, and 322-120-070.
Statutory Authority for Adoption: RCW 58.09.130, 58.24.030(2), and 58.24.040(8).
Adopted under notice filed as WSR 24-02-002 on December 20, 2023.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 22, 2024.
Todd Welker
Deputy Supervisor
State Uplands
OTS-5122.1
AMENDATORY SECTION(Amending WSR 20-10-003, filed 4/23/20, effective 5/24/20)
WAC 332-120-020Definitions.
The following definitions shall apply to this chapter:
Covering: The physical covering of a survey monument such that the physical structure is no longer visible or readily accessible.
Department: The department of natural resources.
Engineer: Any person authorized to practice the profession of engineering under the provisions of chapter 18.43 RCW ((who also has authority to do land boundary surveying pursuant to RCW 36.75.110, 36.86.050, 47.36.010 or 58.09.090)).
Geodetic control point: Points established to mark horizontal or vertical control positions that are part of the National Geodetic Survey Network.
Land boundary survey corner: A point on the boundary of any easement, right of way, lot, tract, or parcel of real property; a controlling point for a plat; or a point which is a General Land Office or Bureau of Land Management survey corner.
Land corner record: The record of corner information form as prescribed by the department of natural resources pursuant to chapter 58.09 RCW.
Land surveyor: Any person authorized to practice the profession of land surveying under the provisions of chapter 18.43 RCW.
Local control point: Points established to mark horizontal or vertical control positions that are part of a permanent government control network other than the National Geodetic Survey network.
Parcel: A part or portion of real property including but not limited to GLO segregations, easements, rights of way, aliquot parts of sections or tracts.
Pavement preservation treatment: Asphalt light bituminous applications such as slurry, micro seal, cape and chip seal treatments that are typically less than 5/8 inch thick.
Removal or destruction: The physical disturbance of a monument such that the physical structure no longer marks the location of the land boundary position.
Survey monument: The physical structure, along with any references or accessories thereto, used to mark the location of a land boundary survey corner, geodetic control point, or local control point.
Survey Recording Act: The law as established and designated in chapter 58.09 RCW.
AMENDATORY SECTION(Amending WSR 94-06-034, filed 2/25/94, effective 3/28/94)
WAC 332-120-050Application process.
(1) Whenever a survey monument needs to be removed or destroyed the application required by this chapter shall be submitted to the department.
It shall be completed, signed and sealed by a land surveyor ((or engineer)) as defined in this chapter.
(2) Upon receipt of a properly completed application, the department shall promptly issue a permit authorizing the removal or destruction of the monument; provided that:
(a) In extraordinary circumstances, to prevent hardship or delay, a verbal authorization may be granted, pending the processing and issuance of a written permit. A properly completed application shall be submitted by the applicant within fifteen days of the verbal authorization.
(b) Applications received by the department concerning local or geodetic control points will be referred to the appropriate agency for action. The applicant will be notified when such action is taken.
(3) One application may be submitted for multiple monuments to be removed or destroyed as part of a single project; however, there shall be separate attachments to the application form detailing the required information for each monument removed or destroyed.
AMENDATORY SECTION(Amending WSR 20-10-003, filed 4/23/20, effective 5/24/20)
WAC 332-120-060Project completionPerpetuation of the original position.
(1) After completion of the activity that caused the removal or destruction of the monument, a land surveyor ((or engineer shall))must, unless specifically authorized otherwise:
(a) Reset a suitable monument at the original survey point or, if that is no longer feasible;
(b) Establish permanent witness monuments easily accessible from the original monument to perpetuate the position of the preexisting monument.
(2) Land boundary survey monumentation required by this chapter shall meet the requirements of the RCW 58.09.120 and 58.09.130.
(3) After completion of the remonumentation, the land surveyor ((or engineer shall))must complete the report form required by this chapter and forward it to the department.
(4) A record of survey ((or land corner record shall))may be ((completed as)) required by ((the Survey Recording Act to document the remonumentation in the public record))RCW 58.09.040(1).
(5) When the remonumentation involves a general land office corner, and a record of survey is not required, a Land Corner Record must be completed as required by RCW 58.09.040(2).
AMENDATORY SECTION(Amending WSR 10-09-011, filed 4/9/10, effective 5/10/10)
WAC 332-120-070((Application/permit form.))Application and completion report forms.
All applications and completion reports must be ((completed)) on forms provided by the department and following instructions provided by the department. Completed ((applications))forms shall be filed at the department.