Task Force on NCEES Model Law for Surveying

Task Force on NCEES Model Task Force on NCEES Model Law for SurveyingLaw for Surveying

Albuquerque, New Mexico

February 22, 2000

Jim PlaskerTask Force Facilitator

Report and Slides: www.asprs.org

Task Force on NCEES Model Law

Today’s OutlineToday’s Outline

History/Background

Who Has Been Involved

Review Initial Report Outcomes

Current Status


Before We Begin - Some Initial ThoughtsBefore We Begin - Some Initial Thoughts

Words Are Important - And There are Many Words With Many Meanings to Many People Embedded in These Issues

Skilled Professionals - Respect Others’ Skills and Unique Knowledges

Fear of the Unknown is Natural - And There is Much Unknown

Licensing - First Priority is Public Health, Safety and Welfare

Sessions Such as These are Very Valuable

Communication is Very Important - and the Only Solution


More (Difficult) ThoughtsMore (Difficult) Thoughts

Where Does the Profession Want to Be in the Next 20 - 30 Years?

Should the “Profession” be a Niche or Expand in Coverage and Impact?

Will Our Educational Institutions Be Able to Develop Adequate Talent - or Will the Profession Need to Look Outside Traditional Sources and Venues for Talent?

If the Profession Doesn’t Embrace the Broader Geospatial Practitioner - Who Will?

Communication is Very Important - and the Only Solution


Task Force HistoryTask Force History

1995 - NCEES Modifies Model Law to Include Photogrammetry and GIS/LIS

1996 - Concerns Raised/Letters Written by ASPRS, MAPPS, ASCE. Discussion at Winter NCEES/POLC Meeting

1997 - Five Organization Summit Meeting (ACSM, NSPS, MAPPS, ASPRS, ASCE)

1997 - Task Force Begins to Address Photogrammetric Issues

1998 - First Task Force Report to NCEES


Task Force HistoryTask Force History

1998 - NCEES Modifies Model Law to Include Savings Clause (Grandfather Language) per Task Force Recommendation

1999 - NCEES Modifies Model Law to Address Issues Related to Reciprocity/Comity and Ease of Mobility

1999 - Three GIS Organization Invited to Participate in Extension of Task Force to Address GIS/LIS Issues(URISA, NSGIC, UCGIS)

1999 - 2000 - Task Force Addresses GIS/LIS Issues


1995 NCEES Model Law:1995 NCEES Model Law:

(4)Practice of Land Surveying ‑ The term "Practice of Land Surveying" within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of land surveying includes, but is not limited to, any one or more of the following:


1995 NCEES Model Law:1995 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following:

(a) Locates, relocates, establishes, reestablishes, lays out, or retraces any property line or boundary of any tract of land or any road, right of way, easement, alignment, or elevation of any of the fixed works embraced within the practice of land surveying.



(b) Makes any survey for the subdivision of any tract of land.

(c) Determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces any such monument or reference point.



(d) Determines the configuration or contour of the earth’s surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.



(e) Geodetic surveying which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry.



(f) Creates, prepares, or modifies electronic or computerized data, including land formation (sic) systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (e).


Original Task Force MembersOriginal Task Force Members

American Congress on Surveying and Mapping (ACSM)

American Society of Civil Engineers - Geomatics Division (ASCE)

American Society for Photogrammetry and Remote Sensing (ASPRS)

Management Association for Private Photogrammetric Surveyors (MAPPS)

National Society of Professional Surveyors (NSPS)


Original Task Force RepresentativesOriginal Task Force Representatives

ACSM John Dailey (P)Cleveland, Ohio

David Gibson (A)Gainesville, Florida

ASCE Robert C. Burtch (A)Big Rapids, Michigan

Steven D. Johnson (A)West Lafayette, Indiana

MAPPS George Gross (P)Portland, Oregon

Mike Ritchie (P)Lexington, Kentucky

NSPS Al Matherly (P)Louisville, Kentucky

Greg Johnson (P)Marietta, Georgia

ASPRS Karen Schuckman (P)High Point, N. Carolina

Doug Fuller (P)Sheboygan, Wisconsin

Facilitator Jim Plasker (G/NP)Oak Hill, Virginia


Original IssuesOriginal Issues

Grandfathering

Reciprocity/Comity

Examinations

Identity of the Profession


Original Issues Original Issues (cont.)(cont.)

Exclusion of Practice

Education requirements

Continuing Education/Professional Development


Recommendations -Recommendations - Grandfathering

Adopt Uniform Guidelines

Accomplished During 1998 Annual Meeting


Recommendations -Recommendations - Reciprocity/Comity

Recognize Generic Professional Practice, Especially in the Non-Boundary Arena

Simplify mobility

Responsive to NAFTA Goals


Recommendations -Recommendations - Examinations

NCEES Exam Inclusive of All Covered Disciplines

Three Part Examination

– 1. Fundamentals of Measurement Science

– 2. Principles and Practice (Discipline-based)

– 3. Legal and Boundary Practice (Jurisdiction-specific)


Recommendations -Recommendations - Examinations (cont.)

Principles and Practice Exam Provide Wide Choice of Discipline-specific Items

Easy Transfer of Exam Credit Among Jurisdictions

NCEES Utilize ASPRS Exam Resources


Recommendations -Recommendations - Identity of the Profession

Retitle Model Law

Use Generic Language

Reserve Term “Professional Land Surveyor”


Recommendations -Recommendations - Exclusion of Practice

Promulgate Guidelines

Recognize Areas of Low Regulatory Interest


Regulatory Interest LevelsRegulatory Interest Levels

High Interest Low Interest

ThemeDisplayed

Regulated resourcesaffecting property rights,property development,value of land, andboundaries.

Items of a resourcemanagement or inventorynature done for develop-ment of managementprograms/plans.

Base Data orTheme

Base layers such asparcels, roads, watercourses, contours,geodetic grids, geodeticcontrol, structures.

Theme data such asbotany, soils, otherresources, habitats thatare adjusted to baselayers.


Regulatory Interest Levels Regulatory Interest Levels (cont.)(cont.)


Use ofabsolutecoordinates

Publishing in state plane,latitude and longitude, UTMor other officially approvedcoordinate systems.

No published coordinatesor coordinate grids, or useof an assumed coordinatedatum.

PrimaryMeasure-ment vs.SecondaryMapping

Original view/original meas-urement (by conventionalground survey, aerial photo-grammetry, image mapping(the mapping part of remotesensing), or positioningsystems such as the GlobalPositioning System).

Mapping from archivalsources, data conversion,simple cartographic andimage manipulation.


Regulatory Interest Levels Regulatory Interest Levels (cont.)(cont.)


RelativeExpertise ofProducer vs.Receiver ofSpatial Data

Innocent funder orpurchaser of spatial datafrom a person/firmholding themselves out ashaving surveying/mappingexpertise.

Measurement andmapping within an agencyor firm for in-housepurposes where users arethe measurers.

Availabilityof Product orOutcome

Public Domain, innocentusers exist.

Private use, no directsecondary (innocent) user.


Recommendations -Recommendations - Education Requirements

Four Year Degree

ABET Accredited Program Preferred


Recommendations -Recommendations - Continuing Education

Standardize Criteria

Streamline Recording of Credits

– CEU’s

– PDU’s


1999 NCEES Model Law:1999 NCEES Model Law:

(4) Practice of Surveying or Land Surveying - The term “Practice of Surveying or Land Surveying,” within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of surveying or land surveying includes, but is not limited to, any one or more of the following:



(a) Determining the configuration or contour of the earth’s surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry. [Same as 1995 (d)]



(b) Performing geodetic surveying, which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry [Same as 1995 (e)]



(c) Determining, by the use of principles of surveying, the position for any survey control (non-boundary) monument or reference point; or setting, resetting, or replacing any such monument or reference point. [New section parallels old Section (c) without boundary reference]



(d) Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (c). [New section parallels old Section (f)]



(e) Locating, relocating, establishing, reestablishing, laying out, or retracing any property line or boundary of any tract of land or any road, right of way, easement, alignment, or elevation of any of the fixed works embraced within the practice of land surveying. [Same as 1995 (a)]



(f) Making any survey for the subdivision of any tract of land. [Same as 1995 (b)]

(g) Determining, by the use of principles of land surveying, the position for any survey monument or reference point; or seting, resetting, or replacing any such monument or reference point. [Same as 1995 (c)]



(h) Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (e) through (g). [Same as 1995 (f)]


GIS Community IssuesGIS Community Issues

Breadth of Preamble Paragraph

Licensing: Practice v. Use of Tools

Regulatory Interest: High v. Low


Additional Task Force MembersAdditional Task Force Members

Urban and Regional Information Systems Association (URISA)

National States Geographic Information Council (NSGIC)

University Consortium for Geographic Information Science (UCGIS) [Invited]


Additional Task Force ParticipantsAdditional Task Force Participants

NSPS - Lee Hennes (G) Replaced Al Matherly

URISA - Bruce Joffe (P)

NSGIC - Linda Wayne (A/G) and Gene Trobia (G)

UCGIS - TBD


1999 NCEES Model Law:1999 NCEES Model Law: GIS Community ConcernsGIS Community Concerns

(4) Practice of Surveying or Land Surveying - The term “Practice of Surveying or Land Surveying,” within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of surveying or land surveying includes, but is not limited to, any one or more of the following:


1999 NCEES Model Law:1999 NCEES Model Law: Current Task Force Draft ProposalCurrent Task Force Draft Proposal

(4) The term “Practice of Surveying or Land Surveying” within the intent of this Act shall mean providing, or offering to provide, professional services involving both (1) the making of geometric measurements of, and gathering related information pertaining to, the physical or legal features of: the earth, improvements on the earth, the space above the earth, or any part of the earth; and (2) utilization and/or development of these facts into survey graphics, data sets, and/or descriptive products such as maps, plans, reports, descriptions, or projects. Professional services include acts of consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any one or more of the following:


1999 NCEES Model Law:1999 NCEES Model Law: GIS Community Concerns GIS Community Concerns

(d) Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the

above described items (a) through (c).


1999 NCEES Model Law:1999 NCEES Model Law: Current Task Force Draft Proposal Current Task Force Draft Proposal

(d) Creating, preparing, or modifying electronic or computerized data relative to the performance of the activities in the above described items (a) through (c).


Exclusion of Practice GuidelinesExclusion of Practice Guidelines

Current Draft Proposal - ExclusionsCurrent Draft Proposal - Exclusions

Water and air navigation charts

Common road maps prepared for use as guides to motorists or pedestrians

Maps prepared for publication in a gazetteer or atlas as an educational tool or reference publication


Exclusion of Practice GuidelinesExclusion of Practice Guidelines Current Draft Proposal - ExclusionsCurrent Draft Proposal - Exclusions

Maps prepared for or by educational institutions for use in the curriculum of any course of study, provided the map contains a statement “for educational purposes” or similar wording

Maps produced by any broadcast or print media firm as an illustrative guide to the geographic location of any event.

Maps prepared by lay persons for conversational or illustrative purposes. This includes advertising material and users guides




The direct transcription of existing geo-referenced data, without spatial modification, into GIS/LIS systems by manual or electronic means

The direct transcription of public record data, without spatial or legal modification, into a cadastre (tax maps and associated records) and the maintenance of that cadastre by either manual or electronic means, including tax maps and zoning maps




The preparation of any document by any Federal Government agency that does not define real property boundaries. This includes civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other such documents



Current Draft Proposal - ExclusionsCurrent Draft Proposal - Exclusions All maps and databases created by or for any firm, in

either hardcopy or electronic form, of physical features, facilities or infrastructure that are wholly contained within properties to which they have rights.

The distribution of these maps and/or data bases outside the organization must contain appropriate metadata describing, at a minimum, the accuracy, method of compilation, source date and disclaimers of use clearly indicating that the data is not intended to be used for a purpose covered under Section A.




Maps and data bases depicting the distribution of natural resources prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to prepare such maps

All maps and geo-referenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute. This includes geo-referenced data generated by law enforcement agencies involving crime statistics and criminal activities



Current Draft Proposal - InclusionsCurrent Draft Proposal - Inclusions

Maps and geo-referenced databases defining legal boundaries, the location of man-made objects, or topography by either terrestrial surveying methods, photogrammetric or GPS locations.

[The] original data acquisition and/or resolution of conflicts between multiple authoritative data sources [within the] Framework geographic themes: Geodetic Control, Orthoimagery, Elevation, Transportation, Cadastral Information



Current Draft Proposal - InclusionsCurrent Draft Proposal - Inclusions The use of GIS to develop or provide information directly related

to real property:

- GIS based cadastral mapping used for regulatory, subdivision, or conveyance purposes wherein land title or development rights are, or may be, affected.

- Input of cadastral data into a GIS requiring interpretation of maps, deeds, or other land title documents.

- Resolution of conflicting data elements within cadastral documents of record for input to a GIS.




The use of GIS to develop or provide information directly related to real property:

- Certification of positional accuracy of mapped or measured cadastral data within a GIS.

- Adjustment, transformation, or modification of existing cadastral data to fit, without gap or overlap, within a GIS.




The use of GIS to develop or provide information directly related to real property:

- Measurement, adjustment, and interpretation of raw property survey data for input to a GIS.

- Field acquisition of geodetic control and/or tying cadastral data to geodetic control for input to a GIS.


Final ThoughtsFinal Thoughts

All Members of the Task Force are Seeking Comment and Input to the Process

All Recommendations of the Task Force Have Been Made Through a Consensus Process

Email Your Comments to:

[email protected]@asprs.org

All Comments Will be Shared with the Task Force

Task Force on NCEES Model Task Force on NCEES Model Law for SurveyingLaw for Surveying

Albuquerque, New Mexico

February 22, 2000

Report and Slides: www.asprs.org

Follow External Affairs Link to NCEES Material

Task Force on NCEES Model Law for Surveying

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