2023 Professional Land Surveyors' Act

PROFESSIONAL LAND SURVEYORS’ ACT

(Business and Professions Code §§ 8700 – 8805)

INCLUDES AMENDMENTS MADE DURING THE 2022 LEGISLATIVE SESSION

(Effective January 1, 2023, unless otherwise noted)

CHAPTER 15. LAND SURVEYORS

Article 1. General Provisions

8700. Professional Land Surveyors’ Act

This chapter may be cited as the Professional Land Surveyors’ Act. Whenever reference

is made to the Land Surveyors’ Act by any statute, it shall be construed as referring to the

Professional Land Surveyors’ Act.

8701. Professional land surveyor

“Professional land surveyor” refers to one who practices or offers to practice land

surveying. Whenever reference is made to a land surveyor by any statute, it shall be construed as

referring to a professional land surveyor.

8702. Director

“Director” refers to the Director of Consumer Affairs.

8703. “Responsible charge of work” defined

The phrase “responsible charge of work” means the independent control and direction, by

the use of initiative, skill and independent judgment, of the observations, measurements, and

descriptions involved in land surveying work. The phrase does not refer to the concept of

financial liability.

8704. Practice of land surveying

Any person practices land surveying when he professes to be a land surveyor or is in

responsible charge of land surveying work.

8705. Subordinate

A subordinate is any person directly supervised by a licensed land surveyor or registered

civil engineer and who assists a licensed land surveyor or registered civil engineer in the practice

of land surveying without assuming responsible charge of work.

8706. Board defined

“Board” refers to the Board for Professional Engineers, Land Surveyors, and Geologists.

8707. Executive officer

“Executive officer” refers to the executive officer of the board.

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8708. Licensure requirement

In order to safeguard property and public welfare, no person shall practice land surveying

unless appropriately licensed or specifically exempted from licensure under this chapter, and

only persons licensed under this chapter shall be entitled to take and use the titles “licensed land

surveyor,” “professional land surveyor,” or “land surveyor,” or any combination of these words,

phrases, or abbreviations thereof.

Article 2. Administration

8710. Board authority

(a) The Board for Professional Engineers, Land Surveyors, and Geologists is vested with

power to administer the provisions and requirements of this chapter, and may make and enforce

rules and regulations that are reasonably necessary to carry out its provisions.

(b) The board may adopt rules and regulations of professional conduct that are not

inconsistent with state and federal law. The rules and regulations may include definitions of

incompetence and negligence. Every person who holds a license or certificate issued by the

board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to

Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.

is repealed. Notwithstanding any other law, the repeal of this section shall render the board

subject to review by the appropriate policy committees of the Legislature.

{Amended by Ch. 625, Stats.2022}

8710.1. Legislative Intent – protection of the public

Protection of the public shall be the highest priority for the Board for Professional

Engineers, Land Surveyors, and Geologists in exercising its licensing, regulatory, and

disciplinary functions. Whenever protection of the public is inconsistent with other interests

sought to be promoted, the protection of the public shall be paramount.

8711. Records of applications for license

The executive officer of the board shall keep a complete record of all applications for

license and the board’s action thereon.

8712. Roster of licensees

The board shall compile and maintain, or may have compiled and maintained on its

behalf, a register of all licensed land surveyors that includes the following information for each

licensee:

(a) Name.

(b) Address of record.

(d) License number.

(e) The date the license was issued.

(f) The date the license will expire.

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8713. Clerical assistance

The department may employ such clerical assistance under civil service regulations as

may be necessary properly to carry out and enforce the provisions of this chapter.

8714. Establish relations with other regulatory bodies

The board shall establish relations with bodies that regulate the practice of professional

land surveying, or closely related professions, or that register or license professional land

surveyors in other states, and may establish relations with those bodies in other countries, for the

purposes of working toward uniformly high professional standards and mutual recognition of

registration and licensure.

8715. Technical advisory committees; functions

The board may establish licensed land surveyor technical advisory committees to advise

and assist the board with respect to the following:

(1) The review and verification of applications for licensure.

(2) The evaluation and investigation of potential violations of this chapter.

(3) The amendment, repeal, adoption, or revision of board rules, regulations, policies, or

procedures.

8715.1. Membership of technical advisory committee

Each member of each technical advisory committee shall be appointed by the board and

shall serve at the pleasure of the board. Each committee shall be composed of no more than five

members.

8715.2. Qualifications of technical advisory committee members

Each member of each technical advisory committee shall be licensed under this chapter.

8715.3. Per diem; expenses for technical advisory committee members

All members of each technical advisory committee shall serve without compensation but

shall receive per diem and expenses as provided in Section 103.

8715.4. Immunity from liability for technical advisory committee members

Each member of each technical advisory committee shall be granted the same immunity

as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of

Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.

Article 2.3. Land Surveyors Review Committees

8720. Review committees

The board, when it deems necessary, may establish land surveyors review committees to

hear all matters assigned by the board, including, but not limited to, any contested case which is

assigned by the board. Each committee shall exist so long as the board deems that it is necessary.

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8720.1. Members; qualifications

Each review committee shall consist of no fewer than three licensed land surveyors

appointed by the board. Each member of a committee shall have the same qualifications and

shall be subject to the same rules and regulations as if he were a member of the board.

8720.2. Members; per diem and expenses

Each member of a committee shall receive a per diem and expenses as provided in

Section 103.

8720.3. Committee hearings

Except as otherwise provided in this article, all hearings which are conducted by a

committee shall be conducted in accordance with the provisions of Chapter 4 (commencing with

Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing

with Section 11500), Part 1, Division 3, Title 2 of the Government Code.

If a contested case is heard by a committee, the hearing officer who presided at the

hearing shall be present during the committee’s consideration of the case and, if requested, shall

assist and advise the committee.

8720.4. Committee decisions

At the conclusion of any hearing which is conducted by a committee, the committee shall

prepare a proposed decision, in such form that it may be adopted by the board as the decision in

the case, and shall transmit it to the board. The proposed decision shall be subject to the same

procedure as the proposed decision of a hearing officer under subdivisions (b) and (c) of

Section 11517 of the Government Code.

8720.5. Rules and regulations

The board may adopt, amend or repeal, in accordance with the provisions of Chapter 3.5

(commencing with Section 11340), Part 1, Division 3, Title 2 of the Government Code, rules and

regulations necessary to implement the provisions of this article.

8720.6. Immunity

Each member of a land surveyors review committee or other board-appointed committee

and any board-appointed representative of the board shall be granted the same immunity as is

granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1

of Part 2 of Division 3.6 of Title 1 of the Government Code.

Article 3. Application of the Chapter

8725. Necessity of license

Any person practicing, or offering to practice, land surveying in this state shall submit

evidence that he or she is qualified to practice and shall be licensed under this chapter.

It is unlawful for any person to practice, offer to practice, or represent himself or herself,

as a land surveyor in this state, or to set, reset, replace or remove any survey monument on land

in which he or she has no legal interest, unless he or she has been licensed or specifically

exempted from licensing under this chapter.

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8725.1. Legislative intent – requirement for responsible charge at state and local

government entities

It is the intent of the Legislature that the licensure requirements that are imposed upon

private sector professional land surveyors and land surveying partnerships, firms, or corporations

shall be imposed upon the state and any city, county, city and county, district, and special district

that shall adhere to those requirements. Therefore, for the purposes of Section 8725 and this

chapter, at least one person authorized to practice land surveying shall be designated the person

in responsible charge of professional land surveying work practiced in any department or agency

of the state, city, county, city and county, district, or special district.

8726. Land surveying defined

(a) A person, including any person employed by the state or by a city, county, or city and

county within the state, practices land surveying within the meaning of this chapter who, either

in a public or private capacity, does or offers to do any one or more of the following:

(1) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation

for any of the fixed works embraced within the practice of civil engineering, as described in

Section 6731.

(2) Determines the configuration or contour of the earth’s surface, or the position of

fixed objects above, on, or below the surface of the earth by applying the principles of

mathematics or photogrammetry.

(3) Locates, relocates, establishes, reestablishes, or retraces any property line or

boundary of any parcel of land, right-of-way, easement, or alignment of those lines or

boundaries.

(4) Makes any survey for the subdivision or resubdivision of any tract of land. For the

purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to

include, but not limited to, the definition in the Subdivision Map Act (Division 2 (commencing

with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law

(Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this Code).

(5) By the use of the principles of land surveying determines the position for any

monument or reference point that marks a property line, boundary, or corner, or sets, resets, or

replaces any such monument or reference point.

(6) Geodetic surveying or cadastral surveying. As used in this chapter:

(A) Geodetic surveying means performing surveys, in which account is taken of the

figure and size of the earth to determine or predetermine the horizontal or vertical positions of

fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in

the practice of land surveying or for stating the position of fixed objects, geodetic control points,

monuments, or stations by California Coordinate System coordinates.

(B) Cadastral surveying means performing a survey that creates, marks, defines, retraces,

or reestablishes the boundaries and subdivisions of the public land survey system of the United

States.

(7) Determines the information shown or to be shown on any map or document prepared

or furnished in connection with any one or more of the functions described in paragraphs (1)

through (6), inclusive.

(8) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or

by any other title or by any other representation that they practice or offer to practice land

surveying in any of its branches.

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(9) Procures or offers to procure land surveying work for themselves or others.

(10) Manages, or conducts as manager, proprietor, or agent, any place of business from

which land surveying work is solicited, performed or practiced.

(11) Coordinates the work of professional, technical, or special consultants in connection

with the activities authorized by this chapter.

(12) Determines the information shown or to be shown within the description of any

deed, trust deed, or other title document prepared for the purpose of describing the limit of real

property in connection with any one or more of the functions described in paragraphs (1) through

(6), inclusive.

(13) Creates, prepares, or modifies electronic or computerized data in the performance of

the activities described in paragraphs (1), (2), (3), (4), (5), (6), (11), and (12).

(14) Renders a statement regarding the accuracy of maps or measured survey data.

(b) Any department or agency of the state or any city, county, or city and county that has

an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be

exempt from the requirement that the person be licensed as a land surveyor until such time as the

person currently in responsible charge is replaced.

prepared or performed pursuant to this section shall be done by, or under the direct supervision

of, a person authorized to practice land surveying.

8726.1. Authority to offer to practice or procure civil engineering

Any licensed land surveyor may offer to practice, procure, and offer to procure civil

engineering work incidental to his or her land surveying practice, even though he or she is not

authorized to perform such work, provided all such civil engineering work is performed by or

under the direction of a registered civil engineer. Further, any licensed land surveyor may

manage or conduct as manager, proprietor, or agent, a land surveying practice which offers to

practice, procure, and offers to procure, such incidental civil engineering work.

8726.2. Authority to perform land planning

A licensed land surveyor may also perform land planning in connection with the land

surveying activities authorized by this chapter.

8727. Exemption – surveys made exclusively for geological or landscaping purposes

Surveys made exclusively for geological purposes by a person authorized to practice

geology under Chapter 12.5 (commencing with Section 7800) or exclusively for landscaping

purposes performed by a person authorized to practice landscape architecture pursuant to

Chapter 3.5 (commencing with Section 5615), that do not involve the determination of any

property line do not constitute surveying within the meaning of this chapter.

8728. Restriction on design of any structure or fixed works

Surveys authorized under this chapter do not include the design, either in whole or in

part, of any structure or fixed works embraced within the practice of civil engineering.

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8729. Land surveying businesses

(a) This chapter does not prohibit one or more licensed land surveyors or civil engineers

licensed in this state prior to before 1982 (hereinafter called civil engineers) from practicing or

offering to practice, within the scope of their licensure, land surveying as a sole proprietorship,

partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the

following conditions are satisfied:

(1) A land surveyor or civil engineer currently licensed in the state is an owner,

partner, or officer in charge of the land surveying practice of the business.

(2) All land surveying services are performed by or under the responsible charge of a

land surveyor or civil engineer.

(3) If the business name of a California land surveying business contains the name of

a person, then that person shall be licensed by the board as a land surveyor or licensed by

the board in any year as a civil engineer. Any offer, promotion, or advertisement by the

business that contains the name of any individual in the business, other than by use of the

name of the individual in the business name, shall clearly and specifically designate the

license discipline of each individual named.

(b) An out-of-state business with a branch office in this state shall meet the requirements

of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land

surveying work in this state, who is licensed in this state, and who is physically present at the

branch office in this state on a regular basis. However, the name of the business may contain the

name of a person not licensed in this state, if that person is appropriately licensed in another

state. Any offer, promotion, or advertisement that contains the name of any individual in the

business, other than by use of the name of the individual in the business name, shall clearly and

specifically designate the license or registration discipline of each individual named.

However, if the fictitious includes the names of any person, the requirements of paragraph (3) of

subdivision (a) shall be met.

(d) A person not licensed under this chapter or licensed as a civil engineer in this state

prior to before 1982 may also be a partner or an officer of a land surveying business if the

conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to This

section does not permit a person who is not licensed under this chapter or licensed as a civil

engineer in this state prior to before 1982 to be the sole owner or officer of a land surveying

business, unless otherwise exempt under this chapter.

(e) This chapter does not prevent an individual or business engaged in any line of

endeavor, other than the practice of land surveying, from employing or contracting with a

licensed land surveyor or a licensed civil engineer to perform the respective land surveying

services incidental to the conduct of business.

(f) This section shall not prevent the use of the name of any business engaged in

rendering land surveying services, including the use by any lawful successor or survivor, that

lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of

paragraphs (1) and (2) of subdivision (a).

(g) (f) A business engaged in rendering land surveying services may use in its name the

name of a deceased or retired person if the following conditions are satisfied:

(1) The person’s name had been used in the name of the business, or a predecessor in

interest of the business, prior to before the death or retirement of the person.

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(2) The person shall have been an owner, partner, or officer of the business, or an

owner, partner, or officer of the predecessor in interest of the business.

(3) The person shall have been licensed as a land surveyor or a civil engineer by the

board, if operating a place of business or practice in this state, or by an applicable state

board in the event no place of business existed in this state.

(4) The person, if retired, has consented to the use of the name and does not permit

the use of the name in the title of another land surveying business in this state during the

period of that consent, except that a retired person may use his or her their name as the

name of a new or purchased business, if that business is not identical in every respect to

that person’s name as used in the former business.

(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).

(h) (g) This section does not affect Sections 6731.2 and 8726.1.

(i) (h) A current organization record form shall be filed with the board for all businesses

engaged in rendering professional land surveying services.

(j) (i) This section shall remain in effect only until January 1, 2026, and as of that date is

repealed.

{Amended by Ch. 302, Stats.2022}

8730. Exemptions from licensure

The following persons are not required to be licensed under this chapter:

(a) Officers and employees of the United States of America, practicing solely as those

officers or employees, except when surveying the exterior boundaries of federal lands in this

state.

(b) Insofar as he or she acts in the following capacity:

(1) Any state, county, city, city and county, or district employee directly responsible

to a licensed land surveyor or registered civil engineer.

(2) Any subordinate to a land surveyor or civil engineer licensed or registered as

required by the laws of this state insofar as he or she acts as a subordinate.

Sections 218, 222, and 234, respectively, of the Public Utilities Code, with annual revenues of

twenty-five million dollars ($25,000,000) or more, whenever he or she prepares a legal

description of an easement for utility distribution lines and service facilities, provided the

following conditions are met:

(1) Each description identifies the corporation that prepared the description and states

that it was prepared pursuant to this exemption.

(2) Each corporation has in its employ, or on contract, an individual authorized to

practice land surveying who shall be responsible for establishing criteria for determining

the qualifications of technical specialists preparing those legal descriptions, specifying

the format and information to be shown on maps or documents containing those

descriptions, and capable of answering questions regarding the preparation of those

descriptions.

(d) Any state, county, city, or city and county public safety employee investigating any

crime or infraction for the purpose of determining or prosecuting a crime or infraction. This

exemption shall not permit a public safety employee to offer or perform land surveying as

defined in Section 8726 for any purpose other than determining or prosecuting a crime or

infraction.

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8731. Civil engineers authorization to practice or offer to practice land surveying

A licensed civil engineer and a civil engineer exempt from licensure under Chapter 7

(commencing with Section 6700) are exempt from licensing under this chapter and may engage

in the practice of land surveying with the same rights and privileges and the same duties and

responsibilities as a licensed land surveyor, provided that for civil engineers who become

licensed after January 1, 1982, they shall obtain a license as a land surveyor under the provisions

of this chapter, before practicing land surveying as defined in this chapter.

Article 4. Issuance of License

8740. Application for certification as a land surveyor-in-training or license as a land

surveyor; examination fees

(a) An application for a certificate as a land surveyor-in-training or for a license as a land

surveyor shall be made to the board on the form prescribed by it, with all statements therein

made under oath, and shall be accompanied by the fee fixed by this chapter.

(b) The board may authorize an organization specified by the board pursuant to Section

8745 to receive directly from applicants payment of the examination fees charged by that

organization as payment for examination materials and services.

8741. Qualifications for certification as a land surveyor-in-training or licensure as a

professional land surveyor

(a) An applicant for certification as a land surveyor-in-training shall comply with all of

the following:

(1) Not have committed acts or crimes constituting grounds for denial of licensure

under Section 480.

(2) Successfully pass the first division of the examination.

(3) Satisfactorily complete two years or more of postsecondary education in land

surveying, two years or more of experience in land surveying, or a combination of

postsecondary education and experience in land surveying.

(b) The board need not verify the applicant’s eligibility for certification as a land

surveyor-in-training other than to require the applicant to sign a statement of eligibility on the

application form.

requirements for an applicant to meet the requirements in paragraph (3) of subdivision (a).

(d) An applicant for licensure as a professional land surveyor shall comply with all of the

following:

(1) Not have committed acts or crimes constituting grounds for denial of licensure

under Section 480.

(2) Furnish evidence that he or she meets the requirements of Section 8742.

(3) Successfully passed the second division of the examination.

(4) Be certified as a land surveyor-in-training in this state, be certified as a land

surveyor-in-training or surveyor intern in another state or territory of the United States, or

be exempt therefrom. An applicant licensed by the board as a civil engineer is exempt

from the requirement of this paragraph.

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(5) Be thoroughly familiar with (A) the procedure and rules governing the survey of

public lands as set forth in Manual of Surveying Instructions (2009), published by the

federal Bureau of Land Management, and (B) the principles of real property relating to

boundaries and conveyancing.

8741.1. Examination requirements; waivers

(a) The first division of the examination shall test the applicant’s fundamental

knowledge of surveying, mathematics, and basic science.

(b) The second division of the examination shall test the applicant’s ability to apply his

or her knowledge and experience and to assume responsible charge in the professional practice

of land surveying.

The second division of the examination shall include an examination that incorporates a

national examination for land surveying by a nationally recognized entity approved by the board

and a supplemental California specific examination. The California specific examination shall

include, as a separate part, an examination to test the applicant’s knowledge of the provisions of

this chapter and the board’s rules and regulations regulating the practice of professional land

surveying in this state.

applicants whose education and experience qualifications substantially exceed the requirements

of Section 8742.

(d) The board may by rule provide for a waiver of the second division of the examination

and the assignment to a special examination for those applicants whose educational

qualifications are equal to, and whose experience qualifications substantially exceed, those

qualifications established under subdivision (c). The special examination may be either written

or oral, or a combination of both.

8742. Education and experience requirements

(a) The educational qualifications and experience in land surveying, which an applicant

for a license as a land surveyor shall possess, shall be not less than one of the following

prescribed criteria:

(1) Graduation from a four-year curriculum with an emphasis in land surveying

approved by the board or accredited by a national or regional accrediting agency

recognized by the United States Office of Education at a postsecondary educational

institution and two years of actual broad based progressive experience in land surveying,

including one year of responsible field training and one year of responsible office training

satisfactory to the board.

(2) Actual broad based progressive experience in land surveying for at least six

years, including one year of responsible field training and one year of responsible office

training satisfactory to the board.

(3) Licensure as a civil engineer with two years of actual broad based progressive

experience in land surveying satisfactory to the board.

(b) With respect to an applicant for a license as a land surveyor, the board shall count

one year of postsecondary education in land surveying as one year of experience in land

surveying up to a maximum of four years, provided the applicant has graduated from the course

in land surveying and the curriculum in land surveying is approved by the board or is accredited

by a regional or national accrediting agency recognized for the purpose by the United States

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Office of Education. Each year of study in an approved or an accredited course in land surveying

without graduation shall be counted the same as one-half year of experience.

Each applicant claiming equivalent credit for education may be required to produce a

complete transcript of all college level courses completed.

Until January 1, 2000, the board may, at its discretion, confer credit as experience in land

surveying, not in excess of two years, for successfully passing the first division of the

examination prescribed in Section 8741.1.

8743. References required

The names and addresses of at least four land surveyors or civil engineers, duly qualified

to practice in the place in which such practice has been conducted, each of whom has sufficient

knowledge of the applicant to enable him or her to certify to the applicant’s professional

integrity, ability and fitness to receive a license, shall be submitted with the application for a

license as a land surveyor.

8744. Support the Constitutions; faithfully discharge duties

The applicant for a license as a land surveyor shall state in his or her application that,

should he or she be licensed, he or she will support the Constitution of this state and of the

United States, and that he or she will faithfully discharge the duties of a licensed land surveyor.

8745. Examinations in general

Examinations for license shall be held at such times and at such places within the state as

determined by board rule.

The scope of examinations and the method of procedure shall be prescribed by board

rule.

The board may make arrangements with a public or private organization to conduct the

examination. The board may contract with a public or private organization for the materials or

services related to the examination.

8746. Re-examination

An applicant failing an examination may be examined again upon filing a new

application and the payment of the examination fee fixed by the board.

8747. Issuance of certificate as a land surveyor-in-training or license as a land surveyor

Any applicant who has met the requirements for certification or licensure prescribed by

the board under this chapter shall have a suitable license issued to him or her.

(a) An applicant who has met the requirements of subdivision (a) and (b) of Section 8741

shall be issued a certificate as a land surveyor-in-training. A renewal or other fee, other than the

application fee, shall not be charged for this certification. This certificate shall become invalid

upon the person being issued a license as a land surveyor, as provided in subdivision (b). A land

surveyor-in-training certificate shall not authorize the holder thereof to practice or offer to

practice land surveying. A person shall not use the title of land surveyor-in-training, or any

abbreviation of this title, unless he or she is the holder of a valid land surveyor-in-training

certificate.

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(b) An applicant who has met the requirements of subdivision (d) of Section 8741 shall

be issued a license as a land surveyor. The license shall authorize him or her to practice as a land

surveyor.

8747.5. Retired license

(a) The board shall issue, upon application and payment of the fee established by Section

8805, a retired license to a land surveyor who has been licensed by the board for a minimum of

five years within California, and a minimum of 20 years within the United States or territories of

the United States, and who holds a license that is not suspended, revoked, or otherwise

disciplined, or subject to pending discipline under this chapter.

(b) The holder of a retired license issued pursuant to this section shall not engage in any

activity for which an active land surveyor’s license is required. A land surveyor holding a retired

license shall be permitted to use the titles “retired professional land surveyor” or “professional

land surveyor, retired.”

(d) In order for the holder of a retired license issued pursuant to this section to restore his

or her license to active status, he or she shall pass the examination that is required for initial

licensure with the board.

8748. Licensure by comity or reciprocity

The board, upon application therefor, and the payment of the fee fixed by this chapter,

may issue a land surveyor’s license, without written examination, to any person who holds a

valid land surveyor’s license issued to him or her by any state or country when the applicant’s

qualifications meet the requirements of this chapter and rules established by the board.

8748.5. Refund for unqualified applicants

If an applicant for license as a land surveyor or certification as a land surveyor-in-training

is found by the board to lack the qualifications required for such license or certification, the

board may, in accordance with the provisions of Section 158 of this code, refund to him or her

one-half of the amount of his or her application fee.

8749. Duplicate certificate or license

A duplicate certificate of license to replace one lost, destroyed or mutilated may be issued

subject to the rules and regulations of the board. The duplicate certificate fee fixed by this

chapter shall be charged.

8750. Stamp or seal

Upon being licensed, each licensee shall obtain a stamp or seal of the design authorized

by the board bearing the licensee’s name, number of certificate, and the legend “Licensed Land

Surveyor,” or “Professional Land Surveyor.”

8751. Representing self as licensed

No person shall represent himself or herself as, or use the title of, or any abbreviation or

combination of the words in the title of, professional land surveyor, licensed land surveyor, land

surveyor, land survey engineer, survey engineer, geodetic engineer, geomatics engineer, or

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geometronic engineer unless he or she is the holder of a valid, unsuspended, and unrevoked

license.

8752. Evidence of licensure

An unrevoked, unsuspended and unexpired license, or renewal certificate, issued by the

board is presumptive evidence in all courts and places that the person named is legally licensed

under this chapter.

8753. Requirement to provide email address

(a) Each applicant for licensure or certification who has a valid email address shall report

to the board that email address at the time of application.

(b) Each certificate or license holder who has a valid email address shall report that

email address to the board at the time of renewal.

any change to their email address on file with the board.

(d) In the interest of protecting the privacy of applicants and certificate or license

holders, the email address provided to the board pursuant to this chapter shall not be considered a

public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the

California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of

the Government Code), unless required pursuant to a court order by a court of competent

jurisdiction.

{Added by Ch. 302, Stats.2022}

Article 5. Surveying Practice

8759. Written contracts

(a) A licensed land surveyor or licensed civil engineer authorized to practice land

surveying shall use a written contract when contracting to provide professional services to a

client pursuant to this chapter. The written contract shall be executed by the licensed land

surveyor or licensed civil engineer and the client or the client’s representative prior to the

licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly

states in writing that work may be commenced before the contract is executed. The written

contract shall include, but not be limited to, all of the following:

(1) A description of the services to be provided to the client by the licensed land

surveyor or licensed civil engineer.

(2) A description of any basis of compensation applicable to the contract, and the

method of payment agreed upon by the parties.

(3) The name, address, and license or certificate number of the licensed land

surveyor or licensed civil engineer, and the name and address of the client.

(4) A description of the procedure that the licensed land surveyor or licensed civil

engineer and the client will use to accommodate additional services.

(5) A description of the procedure to be used by both parties to terminate the

contract.

(b) This section shall not apply to any of the following:

(1) Professional land surveying services rendered by a licensed land surveyor or

licensed civil engineer for which the client will not pay compensation.

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(2) A licensed land surveyor or licensed civil engineer who has a current or prior

contractual relationship with the client to provide professional services pursuant to this

chapter, and that client has paid the licensed land surveyor or licensed civil engineer all

of the fees that are due under the contract.

(3) If the client knowingly states in writing after full disclosure of this section that a

contract which complies with the requirements of this section is not required.

(4) Professional services rendered by a licensed land surveyor or a licensed civil

engineer to any of the following:

(A) A professional engineer licensed under Chapter 7 (commencing with Section

6700).

(B) A land surveyor licensed under this chapter.

(D) A contractor licensed under Chapter 9 (commencing with Section 7000).

(E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing with

Section 7800).

(F) A manufacturing, mining, public utility, research and development, or other

industrial corporation, if the services are provided in connection with or incidental to

the products, systems, or services of that corporation or its affiliates.

(G) A public agency.

form.

8760. Administration of oaths

Every licensed land surveyor or registered civil engineer may administer and certify

oaths:

(a) When it becomes necessary to take testimony for the identification or establishment

of old, lost or obliterated corners.

(b) When a corner or monument is found in a perishable condition, and it appears

desirable that evidence concerning it be perpetuated.

assistants for the faithful performance of their duty.

A record of oaths shall be preserved as part of the field notes of the survey and a

memorandum of them shall be made on the record of survey filed under this article.

8761. Signing and sealing of land surveying documents

(a) Any licensed land surveyor or civil engineer authorized to practice land surveying

may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary

evidence in connection with that practice.

(b) All maps, plats, reports, descriptions, or other land surveying documents shall be

prepared by, or under the responsible charge of, a licensed land surveyor or civil engineer

authorized to practice land surveying and shall include his or her name and license number.

include a notation as to the intended purpose of the map, plat, report, description, or other

document, such as "preliminary" or "for examination only."

(d) All final maps, plats, reports, descriptions, or other land surveying documents issued

by a licensed land surveyor or civil engineer authorized to practice land surveying shall bear the

2023 Professional Land Surveyors’ Act 14

signature and seal or stamp of the licensee and the date of signing and sealing or stamping. If the

land surveying document has multiple pages or sheets, the signature, seal or stamp, and date of

signing and sealing or stamping shall appear, at a minimum, on the title sheet, cover sheet or

page, or signature sheet, unless otherwise required by law.

(e) It is unlawful for any person to sign, stamp, seal, or approve any map, plat, report,

description, or other land surveying document unless the person is authorized to practice land

surveying.

(f) It is unlawful for any person to stamp or seal any map, plat, report, description, or

other land surveying document with the seal or stamp after the certificate of the licensee that is

named on the seal or stamp has expired or has been suspended or revoked, unless the certificate

has been renewed or reissued.

8761.1. Consistency of authority to sign and seal land surveying documents

The authority of a licensed land surveyor or registered civil engineer to prepare, sign,

issue, stamp, seal, or approve any map, plat, report, description or other document shall be

consistent with that person’s authority to practice land surveying.

8761.2. Responsibility for subsequent changes

Notwithstanding the provisions of Section 8761, a registered civil engineer or licensed

land surveyor who signs land surveying maps, plats, reports, descriptions, or other surveying

documents shall not be responsible for damage caused by subsequent changes to or uses of those

maps, plats, reports, descriptions, or other surveying documents, where the subsequent changes

or uses, including changes or uses made by state or local governmental agencies, are not

authorized or approved by the registered civil engineer or licensed land surveyor who originally

signed the maps, plats, reports, descriptions, or other surveying documents, provided that the

engineering or surveying service rendered by the civil engineer or land surveyor who signed the

maps, plats, reports, descriptions, or other surveying documents was not also a proximate cause

of the damage.

8762. Records of survey

(a) Except as provided in subdivision (b), after making a field survey in conformity with

the practice of land surveying, the licensed surveyor or licensed civil engineer may file with the

county surveyor in the county in which the survey was made, a record of the survey.

(b) Notwithstanding subdivision (a), after making a field survey in conformity with the

practice of land surveying, the licensed land surveyor or licensed civil engineer shall file with the

county surveyor in the county in which the field survey was made a record of the survey relating

to land boundaries or property lines, if the field survey discloses any of the following:

(1) Material evidence or physical change, which in whole or in part does not

appear on any subdivision map, official map, or record of survey previously recorded or

properly filed in the office of the county recorder or county surveying department, or map

or survey record maintained by the Bureau of Land Management of the United States.

(2) A material discrepancy with the information contained in any subdivision

map, official map, or record of survey previously recorded or filed in the office of the

county recorder or the county surveying department, or any map or survey record

maintained by the Bureau of Land Management of the United States. For purposes of

2023 Professional Land Surveyors’ Act 15

this subdivision, a “material discrepancy” is limited to a material discrepancy in the

position of points or lines, or in dimensions.

(3) Evidence that, by reasonable analysis, might result in materially alternate

positions of lines or points, shown on any subdivision map, official map, or record of

survey previously recorded or filed in the office of the county recorder or the county

surveying department, or any map or survey record maintained by the Bureau of Land

Management of the United States.

(4) The location, relocation, establishment, reestablishment, or retracement of

one or more points or lines not shown on any subdivision map, official map, or record of

survey, the positions of which are not ascertainable from an inspection of the subdivision

map, official map, or record of survey.

(5) The points or lines set during the performance of a field survey of any parcel

described in any deed or other instrument of title recorded in the county recorder’s office

are not shown on any subdivision map, official map, or record of survey.

90 days after the setting of boundary monuments during the performance of a field survey or

within 90 days after completion of a field survey, whichever occurs first.

(d) (1) If the 90-day time limit contained in subdivision (c) cannot be complied with for

reasons beyond the control of the licensed land surveyor or licensed civil engineer, the 90-day

time period shall be extended until the time at which the reasons for delay are eliminated. If the

licensed land surveyor or licensed civil engineer cannot comply with the 90-day time limit, he or

she shall, prior to the expiration of the 90-day time limit, provide the county surveyor with a

letter stating that he or she is unable to comply. The letter shall provide an estimate of the date

for completion of the record of survey, the reasons for the delay, and a general statement as to

the location of the survey, including the assessor’s parcel number or numbers.

(2) The licensed land surveyor or licensed civil engineer shall not initially be required to

provide specific details of the survey. However, if other surveys at the same location are

performed by others which may affect or be affected by the survey, the licensed land surveyor or

licensed civil engineer shall then provide information requested by the county surveyor without

unreasonable delay.

(e) Any record of survey filed with the county surveyor shall, after being examined by

him or her, be filed with the county recorder.

(f) If the preparer of the record of survey provides a postage-paid, self-addressed

envelope or postcard with the filing of the record of survey, the county recorder shall return the

postage-paid, self-addressed envelope or postcard to the preparer of the record of survey with the

filing data within 10 days of final filing. For the purposes of this subdivision, "filing data"

includes the date, the book or volume, and the page at which the record of survey is filed with

the county recorder.

8762.5. Record of survey – land division

No record of survey of land shown on the latest adopted county assessment roll as a unit

or as contiguous units, which shows a division of such land into additional parcels, shall be filed

with the county surveyor or with the county recorder, unless there is attached thereto a certificate

by the county surveyor if the land lies within an unincorporated area, or a certificate by the city

engineer if the land lies within a city, of compliance with the provisions of the Subdivision Map

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Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any

applicable local ordinance enacted pursuant thereto.

8763. Record of survey – sheet requirements

The record of survey shall be a map, legibly drawn, printed, or reproduced by a process

guaranteeing a permanent record in black on tracing cloth, or polyester base film, 18 by 26

inches or 460 by 660 millimeters. If ink is used on polyester base film, the ink surface shall be

coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn

completely around each sheet leaving an entirely blank margin of one inch or 25 millimeters.

8764. Record of survey – technical requirements

(a) The record of survey shall show the applicable provisions of the following consistent

with the purpose of the survey:

(1) All monuments found, set, reset, replaced, or removed, describing their kind, size,

and location, and giving other data relating thereto.

(2) Bearing or witness monuments, basis of bearings, bearing and length of lines, scale

of map, and north arrow.

(3) Name and legal designation of the property in which the survey is located, and the

date or time period of the survey.

(4) The relationship to those portions of adjacent tracts, streets, or senior conveyances

that have common lines with the survey.

(5) Memorandum of oaths.

(6) Statements required by Section 8764.5.

(7) Any other data, in graphic or narrative form, necessary for the intelligent

interpretation of the various items and locations of the points, lines, and areas shown, or

convenient for the identification of the survey or surveyor, as may be determined by the civil

engineer or land surveyor preparing the record of survey.

(b) The record of survey shall also show, either graphically or by note, the reason or

reasons, if any why the mandatory filing provisions of paragraphs (1) to (5), inclusive, of

subdivision (b) of Section 8762 apply.

8764.5. Record of survey – required statements

Statements shall appear on the map as follows:

SURVEYOR’S STATEMENT

This map correctly represents a survey made by me or under my direction in

conformance with the requirements of the Professional Land Surveyors’ Act at the request of

_______________________________ in _____________, 20 ___.

Name of Person Authorizing Survey

(Signed and sealed) _________________________

L.S. (or R.C.E.) No. ________________________

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COUNTY SURVEYOR’S STATEMENT

This map has been examined in accordance with Section 8766 of the Professional

Land Surveyors’ Act this _____day of ________, 20 ____.

(Signed and sealed) __________________________

County Surveyor

L.S. (or R.C.E.) No. _________________________

RECORDER’S STATEMENT

Filed this day of , 20 ______, at .m. in Book

__________________ of____________________________ at page ________________, at the

request of ________________________.

(Signed) _________________________________

County Recorder

No other statements may appear on the face of the map except those required or

authorized by this article.

8765. Record of survey – exemptions

A record of survey is not required of any survey:

(a) When it has been made by a public officer in his or her official capacity and a

reproducible copy thereof, showing all data required by Section 8764, except the recorder’s

statement, has been filed with the county surveyor of the county in which the land is located.

Any map so filed shall be indexed and kept available for public inspection.

(b) Made by the United States Bureau of Land Management.

provisions of the Subdivision Map Act.

(d) When the survey is a retracement of lines shown on a subdivision map, official map,

or a record of survey, where no material discrepancies with those records are found and

sufficient monumentation is found to establish the precise location of property corners thereon,

provided that a corner record is filed for any property corners which are set or reset or found to

be of a different character than indicated by prior records. For purposes of this subdivision, a

“material discrepancy” is limited to a material discrepancy in the position of points or lines, or in

dimensions.

(e) When the survey is a survey of a mobilehome park interior lot as defined in Section

18210 of the Health and Safety Code, provided that no subdivision map, official map, or record

of survey has been previously filed for the interior lot or no conversion to residential ownership

has occurred pursuant to Section 66428.1 of the Government Code.

8766. Record of survey – examination

(a) Within 20 working days after receiving the record of survey, or within the additional

time as may be mutually agreed upon by the land surveyor or civil engineer and the county

surveyor, the county surveyor shall examine it with respect to all of the following:

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(1) Its accuracy of mathematical data and substantial compliance with the

information required by Section 8764.

(2) Its compliance with Sections 8762.5, 8763, 8764.5, 8771.5, and 8772.

(b) The examination pursuant to this section shall not require the licensed land surveyor

or registered civil engineer submitting the record of survey to change the methods or procedures

utilized or employed in the performance of the survey, nor shall the examination require a field

survey to verify the data shown on the record of survey.

expressing opinions regarding the record of survey, or the methods or procedures utilized or

employed in the performance of the survey.

(d) The examination pursuant to this section shall be performed by, or under the direct

supervision of, a licensed land surveyor or registered civil engineer.

8766.5. Record of survey – examination fee

The county surveyor may charge a reasonable fee for examining a record of survey

pursuant to Section 8766 which shall not exceed the cost of the service or one hundred dollars

($100), whichever is the lesser. However, this one hundred dollars ($100) maximum fee may be

increased by the board of supervisors if such an increase is authorized by a duly adopted

ordinance and the ordinance was adopted pursuant to a staff report demonstrating that the cost of

providing the examination service actually exceeds one hundred dollars ($100) per record of

survey.

8767. Record of survey – approval, notation of changes, resubmittal requirements

If the county surveyor finds that the record of survey complies with the examination in

Section 8766, the county surveyor shall endorse a statement on it of his or her examination, and

shall present it to the county recorder for filing. Otherwise the county surveyor shall return it to

the person who presented it, together with a written statement of the changes necessary to make

it conform to the requirements of Section 8766. The licensed land surveyor or registered civil

engineer submitting the record of survey may then make the agreed changes and note those

matters which cannot be agreed upon in accordance with the provisions of Section 8768 and

shall resubmit the record of survey within 60 days, or within the time as may be mutually agreed

upon by the licensed surveyor or registered engineer and the county surveyor, to the county

surveyor for filing pursuant to Section 8768.

8768. Record of survey – explanation of differences

If the matters appearing on the record of survey cannot be agreed upon by the licensed

land surveyor or the registered civil engineer and the county surveyor within 10 working days

after the licensed land surveyor or registered civil engineer resubmits and requests the record of

survey be filed without further change, an explanation of the differences shall be noted on the

map and it shall be presented by the county surveyor to the county recorder for filing, and the

county recorder shall file the record of survey. The licensed land surveyor or registered civil

engineer filing the record of survey shall attempt to reach agreement with the county surveyor

regarding the language for the explanation of the differences. If they cannot agree on the

language explaining the differences, then both shall add a notation on the record of survey

explaining the differences. The explanation of the differences shall be sufficiently specific to

identify the factual basis for the difference.

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8768.5. Record of survey – timely filing

If the county surveyor fails to timely file the record of survey with the county recorder in

accordance with Section 8768, the licensed land surveyor or registered civil engineer submitting

the map may bring an action pursuant to Section 1085 of the Code of Civil Procedure to compel

the filing of the record of survey. After the licensed land surveyor or registered civil engineer

resubmits and requests the record of survey be filed without further change, the filing of the

record of survey shall be deemed to be a ministerial act.

In any action brought pursuant to Section 1085 of the Code of Civil Procedure between a

licensed land surveyor or a registered civil engineer and the county surveyor of any county, the

court may award to the prevailing party costs and other expenses of litigation, including the

payment of experts and other witnesses, and reasonable attorney’s fees.

8769. Record of survey – filing costs

The charge for filing any record of survey, and for indexing the same, shall be the same

as provided for subdivided land under Section 27372 of the Government Code.

8770. Record of survey – filing and storage

The record of survey filed with the county recorder of any county shall be securely

fastened by him into a suitable book provided for that purpose.

He shall keep proper indexes of such record of survey by the name of grant, tract,

subdivision or United States subdivision.

The original map shall be stored for safekeeping in a reproducible condition. It shall be

proper procedure for the recorder to maintain for public reference a set of counter maps that are

prints of the original maps, and the original maps to be produced for comparison upon demand.

8770.5. Record of survey – correction

Any record of survey filed under the provisions of this chapter may be amended to show

any course or distance that was omitted therefrom, or to correct any error in: course or distance

shown thereon, the description of the land which the record of survey comprised, lot numbers,

street names, acreages, identification of adjacent record maps, or the character of monuments

being set, or to correct any other minor errors approved for correction by the county surveyor in

the same manner that subdivision maps may be amended under the provisions of the Subdivision

Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code.

8770.6. Use of the word “certify” or “certification”

The use of the word “certify” or “certification” by a licensed land surveyor or registered

civil engineer in the practice of professional engineering or land surveying or the preparation of

maps, plats, reports, descriptions, or other surveying documents only constitutes an expression of

professional opinion regarding those facts or findings which are the subject of the certification,

and does not constitute a warranty or guarantee, either expressed or implied.

2023 Professional Land Surveyors’ Act 20

8771. Setting of monuments in general; monument perpetuation

(a) Monuments set shall be sufficient in number and durability and efficiently placed so

as not to be readily disturbed, to ensure, together with monuments already existing, the

perpetuation or facile reestablishment of any point or line of the survey.

(b) When monuments exist that control the location of subdivisions, tracts, boundaries,

roads, streets, or highways, or provide horizontal or vertical survey control, the monuments shall

be located and referenced by or under the direction of a licensed land surveyor or licensed civil

engineer legally authorized to practice land surveying prior to the time when any streets,

highways, other rights-of-way, or easements are improved, constructed, reconstructed,

maintained, resurfaced, or relocated, and a corner record or record of survey of the references

shall be filed with the county surveyor.

witness monument or monuments set to perpetuate the location if any monument could be

destroyed, damaged, covered, disturbed, or otherwise obliterated, and a corner record or record

of survey shall be filed with the county surveyor prior to the recording of a certificate of

completion for the project. Sufficient controlling monuments shall be retained or replaced in

their original positions to enable property, right-of-way and easement lines, property corners, and

subdivision and tract boundaries to be reestablished without devious surveys necessarily

originating on monuments differing from those that currently control the area.

(d) The governmental agency performing or permitting construction or maintenance

work is responsible for ensuring that either the governmental agency or landowner performing

the construction or maintenance work provides for monument perpetuation required by this

section.

(e) It shall be the duty of every licensed land surveyor or licensed civil engineer legally

authorized to practice land surveying to assist the governmental agency in matters of maps, field

notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads,

streets or right-of-way or easement lines shall not be deemed adequate for this purpose unless

specifically noted on the corner record or record of survey of the improvement works with direct

ties in bearing or azimuth and distance between these and other monuments of record.

(f) The decision to file either a corner record or a record of survey as required by

subdivision (b) or (c) shall be at the election of the licensed land surveyor or licensed civil

engineer legally authorized to practice land surveying submitting the document.

8771.5. Record of survey – California coordinates

When coordinates in the California Coordinate System are shown for points on a record

of survey map the map may not be recorded unless it also shows, or is accompanied by a map

showing, the control scheme through which the coordinates were determined from points of

known coordinates.

8772. Marking of monuments

Any monument set by a licensed land surveyor or registered civil engineer to mark or

reference a point on a property or land line shall be permanently and visibly marked or tagged

with the certificate number of the surveyor or civil engineer setting it, each number to be

preceded by the letters “L.S.” or “R.C.E.,” respectively, as the case may be or, if the monument

is set by a public agency, it shall be marked with the name of the agency and the political

subdivision it serves.

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Nothing in this section shall prevent the inclusion of other information on the tag which

will assist in the tracing or location of the survey records which relate to the tagged monument.

8773. Corner record – “lost corners”

(a) Except as provided in subdivision (b) of Section 8773.4, a person authorized to

practice land surveying in this state shall complete, sign, stamp with his or her seal, and file with

the county surveyor or engineer of the county where the corners are situated, a written record of

corner establishment or restoration to be known as a “corner record” for every corner established

by the Survey of the Public Lands of the United States, except “lost corners,” as defined by the

Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management

and every accessory to such corner which is found, set, reset, or used as control in any survey by

such authorized person.

(b) After the establishment of a lost corner, as defined by the Manual of Surveying

Instructions (2009), published by the federal Bureau of Land Management a record of survey

shall be filed as set forth in Section 8764.

record for any property corners, property controlling corners, reference monuments, or

accessories to a property corner.

8773.1. Corner record – form

The board shall by regulation provide and prescribe the information which shall be

necessary to be included in the corner record and the board shall prescribe the form in which

such corner record shall be submitted and filed, and the time limits within which the form shall

be filed. A corner record shall be a single 8.5 by 11 inch sheet which may consist of a front and

back page.

8773.2. Corner record – filing, review and approval, resubmittal requirements

(a) A “corner record” submitted to the county surveyor or engineer shall be examined by

him or her for compliance with subdivision (d) of Section 8765 and Sections 8773, 8773.1, and

8773.4, endorsed with a statement of his or her examination, and filed with the county surveyor

or returned to the submitting party within 20 working days after receipt.

(b) In the event the submitted "corner record" fails to comply with the examination

criteria of subdivision (a), the county surveyor or engineer shall return it to the person who

submitted it together with a written statement of the changes necessary to make it conform to the

requirements of subdivision (a). The licensed land surveyor or licensed civil engineer submitting

the corner record may then make the agreed changes in compliance with subdivision (a) and note

those matters that cannot be agreed upon in accordance with the provisions of subdivision (c),

and shall resubmit the corner record within 60 days, or within the time as may be mutually

agreed upon by the licensed land surveyor or licensed civil engineer and the county surveyor, to

the county surveyor for filing pursuant to subdivision (c). The county surveyor or engineer shall

file the corner record within 10 working days after receipt of the resubmission.

land surveyor or the licensed civil engineer and the county surveyor within 10 working days after

the licensed land surveyor or licensed civil engineer resubmits and requests the corner record be

filed without further change, an explanation of the differences shall be noted on the corner record

and it shall be submitted to and filed by the county surveyor. The licensed land surveyor or

2023 Professional Land Surveyors’ Act 22

licensed civil engineer filing the corner record shall attempt to reach agreement with the county

surveyor regarding the language for the explanation of the differences. If they cannot agree on

the language explaining the differences, then both shall add a notation on the corner record

explaining the differences. The explanation of the differences shall be sufficiently specific to

identify the factual basis for the differences.

(d) The corner record filed with the county surveyor of any county shall be securely

fastened by him or her into a suitable book provided for that purpose.

(e) A charge for examining, indexing, and filing the corner record may be collected by

the county surveyor, not to exceed the amount required for the recording of a deed.

(f) If the preparer of the corner record provides a postage-paid, self-addressed envelope

or postcard with the filing of the corner record, the county surveyor shall return the postage-paid,

self-addressed envelope or postcard to the preparer of the corner record with the filing data

within 20 days of final filing. For the purposes of this subdivision, “filing data” includes the

date, book or volume, and the page at which the corner record is filed by the county surveyor.

This subdivision shall not apply to a county surveyor’s office that maintains an electronic data

base of filed corner records that is accessible to the public by reference to the preparer’s license

number.

8773.3. Corner record – monument rehabilitation

In every case where a corner record is filed pursuant to Section 8773, the licensed land

surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such

corner, and accessories to such corner, so that the same shall be left by him in such physical

condition that it remains as permanent a monument as is reasonably possible and so that the same

may be reasonably expected to be located with facility at all times in the future.

8773.4. Corner record – signature requirements, exemptions

(a) A corner record shall be signed by a licensed land surveyor or licensed civil engineer

and stamped with his or her seal, or in the case of an agency of the United States government or

the State of California the certificate may be signed by the chief of the survey party making the

survey, setting forth his or her official title, prior to filing.

(b) A corner record need not be filed when:

(1) A corner record is on file and the corner is found as described in the existing

corner record.

(2) All conditions of Section 8773 are complied with by proper notations on a record

of survey map filed in compliance with the Professional Land Surveyors’ Act or a parcel

or subdivision map, in compliance with the Subdivision Map Act.

(3) When the survey is a survey of a mobilehome park interior lot as defined in

Section 18210 of the Health and Safety Code, provided that no subdivision map, official

map, or record of survey has been previously filed for the interior lot or no conversion to

residential ownership has occurred pursuant to Section 66428.1 of the Government Code.

8774. Right of entry

(a) The right of entry upon or to real property to investigate and utilize boundary

evidence, and to perform surveys, is a right of persons legally authorized to practice land

surveying, and it is the responsibility of the owner or tenant who owns or controls property to

2023 Professional Land Surveyors’ Act 23

provide reasonable access without undue delay. The right of entry is not contingent upon the

provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of

the proposed time of entry where practicable.

(b) The requirements of subdivision (a) do not apply to monuments within access-

controlled portions of freeways.

be referenced to usable points outside the access control line by the agency having jurisdiction

over the freeway when requested in writing by the registered civil engineer or licensed land

surveyor who is to perform the property survey. The work shall be done within a reasonable time

period by the agency in direct cooperation with the engineer or surveyor and at no charge to him

or her.

8774.5. County Surveyor Index

(a) Upon the filing of a record of survey, amended record of survey, or certificate of

correction for recordation pursuant to this chapter, the surveyor or engineer who prepared the

document shall transmit a copy of the document, including all recording information, to the

county surveyor, who shall maintain an index, by geographic location, of the documents.

(b) The county surveyor may charge a fee equal to the fee charged for recording the

documents specified in subdivision (a), for purposes of financing the costs of maintaining the

index of those documents.

documents specified in subdivision (a) to be transmitted to the county surveyor and requires that

official to maintain an index of those documents.

Article 5.5 Photogrammetry

8775. Use of titles – “photogrammetrist” and “photogrammetric surveyor”

No person shall use the title or any abbreviation of the title photogrammetrist or

photogrammetric surveyor unless he or she holds registration as a civil engineer or licensed land

surveyor, or unless he or she is licensed as a photogrammetric surveyor.

8775.1. Photogrammetric services

Persons meeting the requirements of this article may engage in and perform all

photogrammetric services germane to this chapter, either as individuals, employees, or as

independent contractors; provided, however, that the field surveys to be done are performed by

registered civil engineers or licensed land surveyors, and in the preparation of any topographic

map which contains the delineation of property corners or a property boundary or boundaries the

work is certified or attested to by a registered civil engineer or land surveyor.

8775.2. Signature and certificate number

Maps, documents, or reports prepared by, or under the direction of, a licensed

photogrammetric surveyor shall carry his signature and certificate number which will indicate his

responsibility for the work.

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8775.3. Renewal of licenses; fees

Photogrammetric surveyor licenses shall be renewable upon payment of the fee fixed by

the board for which a renewal certificate shall be issued. Photogrammetric surveyor license fees

shall be the same as those prescribed for land surveyor’s licensing; and the provisions of this

chapter relating to revenue, and with respect to disciplinary proceedings, shall similarly apply.

Article 5.7. Reporting Requirements

8776. Licensees required to report criminal convictions, civil action judgments,

settlements, arbitration awards, and administrative actions

(a) A licensee shall report to the board in writing the occurrence of any of the following

events that occurred on or after January 1, 2008, within 90 days of the date the licensee has

knowledge of the event:

(1) The conviction of the licensee of any felony.

(2) The conviction of the licensee of any other crime that is substantially related to

the qualifications, functions, and duties of a licensed land surveyor.

(3) A civil action settlement or administrative action resulting in a settlement against

the licensee in any action alleging fraud, deceit, misrepresentation, breach or violation of

contract, negligence, incompetence, or recklessness by the licensee in the practice of land

surveying if the amount or value of the settlement is greater than fifty thousand dollars

($50,000).

(4) A civil action judgment or binding arbitration award or administrative action

resulting in a judgment or binding arbitration award against the licensee in any action

alleging fraud, deceit, misrepresentation, breach or violation of contract, negligence,

incompetence, or recklessness by the licensee in the practice of land surveying if the

amount or value of the judgment or binding arbitration award is twenty-five thousand

dollars ($25,000) or greater.

(b) The report required by subdivision (a) shall be signed by the licensee and set forth

the facts that constitute the reportable event. If the reportable event involves the action of an

administrative agency or court, the report shall set forth the title of the matter, court or agency

name, docket number, and the dates the reportable event occurred.

concerning the reportable events, including inquiries made by the board in conjunction with

license renewal.

(d) Nothing in this section shall impose a duty upon any licensee to report to the board

the occurrence of any of the events set forth in subdivision (a) either by or against any other

licensee.

(e) Failure of a licensee to report to the board in the time and manner required by this

section shall be grounds for disciplinary action.

(f) For purposes of this section, a conviction includes the initial plea, verdict, or finding

of guilt; a plea of no contest; or pronouncement of sentence by a trial court even though the

conviction may not be final or sentence actually imposed until all appeals are exhausted.

8776.1. Courts required to report of convictions of licensees

Within 30 days of entry of a conviction described in paragraphs (1) and (2) of subdivision

(a) of Section 8776, a settlement described in paragraph (3) of subdivision (a) of Section 8776, or

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a judgment described in paragraph (4) of subdivision (a) of Section 8776, by a court of this state

that has been notified that the defendant is a licensee of the board, the court that rendered the

conviction, settlement, or judgment shall report that fact to the board and provide the board with

a copy of the conviction or judgment and any orders or opinions of the court accompanying or

ordering the conviction, settlement, or judgment.

8776.2. Professional liability insurers required to report of civil action judgments,

settlements, or arbitration awards against licensees

(a) Within 30 days of payment of all or any portion of any civil action judgment,

settlement, or binding arbitration award described in Section 8776 against a licensee of the

board, any insurer providing professional liability insurance to that licensee shall report to the

board the name of the licensee; the amount or value of the judgment, settlement, or binding

arbitration award; the amount paid by the insurer; and the identity of the payee.

(b) Within 30 days of payment of all or any portion of any civil action judgment,

settlement, or binding arbitration award described in Section 8776 against a licensee of the

board, any state or local government agency that self-insures that licensee shall report to the

board the name of the licensee; the amount or value of the judgment, settlement, or binding

arbitration award; the amount paid; and the identity of the payee.

8776.3. Applicability of Sections 8776, 8776.1, and 8776.2

The requirements of Sections 8776, 8776.1, and 8776.2 shall apply if a party to the civil

action, settlement, or arbitration award is or was a sole proprietorship, partnership, firm,

corporation, or state or local government agency in which the licensee is or was an owner,

partner, member, officer, or employee and is or was the licensee in responsible charge of that

portion of the project that was the subject of the civil judgment, settlement, or arbitration award.

8776.4. Effect of article on confidential agreements

(a) Notwithstanding any other provision of law, a licensee shall not be considered to

have violated a confidential settlement agreement or other confidential agreement by providing a

report to the board as required by this article.

8776.5. Applicability of article to civil engineers

The provisions of this article apply to a civil engineer licensed under Chapter 7

(commencing with Section 6700) prior to January 1, 1982, if the civil action judgment,

settlement, or arbitration award relates to the practice of professional land surveying.

8776.6. Authority to adopt regulations

The board may adopt regulations to further define the reporting requirements of Sections

8776, 8776.1, and 8776.2.

8776.7. Operation of article

This article shall become operative on January 1, 2008, only if an appropriation is made

from the Professional Engineer's and Land Surveyor's Fund for the 2007-08 fiscal year in the

annual Budget Act to fund the activities of this article, and sufficient hiring authority is granted

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to the board pursuant to a budget change proposal to provide sufficient staffing to implement this

article.

Article 6. Disciplinary Proceedings

8780. Complaints; investigations; board action against the license of a land surveyor or

civil engineer

(a) The board may, upon its own initiative or upon the receipt of a complaint, investigate

the actions of any land surveyor licensed under this chapter or any civil engineer licensed under

the provisions of Chapter 7 (commencing with Section 6700) who is legally authorized to

practice land surveying and make findings thereon.

(b) By a majority vote, the board may publicly reprove, suspend for a period not to

exceed two years, or revoke the license or certificate of any land surveyor licensed under this

chapter or civil engineer licensed under the provisions of Chapter 7 (commencing with Section

6700) who is legally authorized to practice land surveying on any of the following grounds:

(1) Any fraud, deceit, or misrepresentation in their practice of land surveying.

(2) Any negligence in their practice of land surveying.

(3) Any incompetence in their practice of land surveying.

(4) Any fraud or deceit in obtaining their license.

(5) Any violation of any provision of this chapter or of any other law relating to or

involving the practice of land surveying.

(6) Any conviction of a crime substantially related to the qualifications, functions and

duties of a land surveyor. The record of the conviction shall be conclusive evidence thereof.

(7) Aiding or abetting any person in the violation of any provision of this chapter or any

regulation adopted by the board pursuant to this chapter.

(8) A breach or violation of a contract to provide land surveying services.

(9) A violation in the course of the practice of land surveying of a rule or regulation of

unprofessional conduct adopted by the board.

8780.1. Complaints; investigations; board action against the certificate of a land surveyor-

in-training

The board may, upon its own initiative or upon the receipt of a complaint, investigate the

actions of any land surveyor-in-training and make findings thereon.

By a majority vote, the board may revoke the certificate of any land surveyor-in-training:

(a) Who has been convicted of a crime as defined in subdivision (a) of Section 480.

(b) Who has committed any act that would be grounds for denial of a license pursuant to

Section 480 or 496.

her land surveyor-in-training certificate or license as a professional land surveyor.

(d) Who aids or abets any person in the violation of any provision of this chapter or any

regulation adopted by the board pursuant to this chapter.

(e) Who violates Section 119 with respect to a land surveyor-in-training certificate.

(f) Who commits any act described in Section 8792.

(g) Who violates any provision of this chapter.

2023 Professional Land Surveyors’ Act 27

8780.2. Failure or refusal by a licensee to respond in an investigation

The failure of, or refusal by, a licensee or a certificate holder to respond to a written

request from a representative of the board in the investigation of a complaint against that licensee

or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1.

8781. Conduct of disciplinary proceedings

The proceedings under this article shall be conducted in accordance with Chapter 4

(commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and

Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the

Government Code, and the board shall have all the powers granted therein.

8783. License revocation upon conviction

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a

charge substantially related to the qualifications, functions and duties of a land surveyor is

deemed to be conviction within the meaning of this article. The board may order the license or

certificate suspended or revoked, or may decline to issue a license or certificate, when the time

for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an

order granting probation is made suspending the imposition of sentence, irrespective of a

subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person

to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of

guilty, or dismissing the accusation, information or indictment.

8784. Reinstatement of revoked license

The board may reissue a license to any person, whose license has been revoked, if a

majority of the members of the board vote in favor of such reinstatement, for reasons the board

may deem sufficient.

8785. Petitions for reinstatement of revoked license or modification of penalty

(a) A petitioner may petition the board for reinstatement or modification of penalty,

including reduction, modification, or termination of probation, after the following minimum

periods have elapsed from the effective date of the decision ordering the disciplinary action, or if

the order of the board or any portion of it is stayed by a court of law, from the date the

disciplinary action is actually implemented in its entirety:

(1) Except as otherwise provided in this section, at least three years for reinstatement of

a license or certificate that was revoked or surrendered. However, the board may, in its sole

discretion, specify in its order of revocation or surrender a lesser period of time that shall be at

minimum one year.

(2) At least two years for early termination of a probation period of three years or more.

(3) At least one year for early termination of a probation period of less than three years.

(4) At least one year for reduction or modification of a condition of probation.

(b) The board shall notify the Attorney General of the filing of the petition. The

petitioner and the Attorney General shall be given timely notice by letter of the time and place of

the hearing on the petition, and the petitioner and the Attorney General shall be given the

opportunity to present both oral and documentary evidence and argument to the board. The

2023 Professional Land Surveyors’ Act 28

petitioner shall at all times have the burden of proof to establish by clear and convincing

evidence that he or she is entitled to the relief sought in the petition.

shall hear the petition and shall prepare a written decision setting forth the reasons supporting the

decision.

(d) The board may grant or deny the petition or may impose any terms and conditions

that it reasonably deems appropriate as a condition of reinstatement or reduction or modification

of the penalty.

(e) No petition shall be considered while the petitioner is under sentence for any criminal

offense, including any period during which the petitioner is on court-imposed probation or

parole. No petition shall be considered while there is an accusation or petition to revoke

probation pending against the petitioner.

(f) The board may, in its discretion, deny without hearing or argument any petition that is

filed pursuant to this section within a period of two years from the effective date of a prior

decision following a hearing under this section.

(g) Judicial review of the board's decision following a hearing under this section may be

sought by way of a petition for writ of administrative mandamus pursuant to Section 1094.5 of

the Code of Civil Procedure. The party seeking to overturn the board's decision shall have the

burden of proof in any mandamus proceeding. In the mandamus proceeding, if it is alleged that

there has been an abuse of discretion because the board's findings are not supported by the

evidence, abuse of discretion is established if the court determines that the findings are not

supported by substantial evidence in light of the whole record.

(h) For the purposes of this section, "petitioner" means a professional land surveyor or

licensed civil engineer or a land surveyor-in-training whose license or certificate has been

revoked, suspended, or surrendered or placed on probation.

Article 7. Offenses Against the Chapter

8790. Enforcement and prosecution

The board shall enforce all of the provisions of this chapter and cause the prosecution of

all violations coming to its notice.

8790.5. Licensees allowed to report potential violations

(a) If a licensee who is retained as an expert witness enters into a nondisclosure

agreement, that agreement shall not be construed to prevent the licensee from reporting a

potential violation of the Professional Land Surveyors’ Act to the board.

(b) This section shall not be construed to be, or act as, a waiver of any applicable

attorney-client or attorney work product privileges.

8791. Duty to prosecute

It is the duty of the respective officers charged with the enforcement of laws to prosecute

all persons charged with the violation of any of the provisions of this chapter.

8792. Acts constituting a misdemeanor

A person who does any of the following is guilty of a misdemeanor:

2023 Professional Land Surveyors’ Act 29

(a) Unless the person is exempt from licensure under this chapter, practices, or offers to

practice, land surveying in this state without legal authorization.

(b) Presents as their own the license of a professional land surveyor unless they are the

person named on the license.

land surveyor.

(d) Gives false evidence of any kind to the board, or to any board member, in obtaining a

license.

(e) Impersonates or uses the seal, signature, or license number of a professional land

surveyor or who uses a false license number.

(f) Uses an expired, suspended, surrendered, or revoked license.

(g) Represents themselves as, or uses the title of, professional land surveyor, or any other

title whereby that person could be considered as practicing or offering to practice land surveying,

unless the person is correspondingly qualified by licensure as a land surveyor under this chapter.

(h) Uses the title, or any combination of that title, of “professional land surveyor,”

“licensed land surveyor,” “land surveyor,” or the titles specified in Sections 8751 and 8775, or

“land surveyor-in-training,” or who makes use of any abbreviation of that title that might lead to

the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-

training, without being licensed or certified as required by this chapter.

(i) Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent,

any place of business from which land surveying work is solicited, performed, or practiced,

except as authorized pursuant to Section 6731.2 and subdivision (e) of Section 8729.

(j) Violates any provision of this chapter.

{Amended by Ch. 302, Stats.2022}

Article 8. Revenue

8800. Accounting and deposit of funds

(a) The department shall receive and account for all money derived under the operation

of this chapter and, at the end of each month, shall report such money to the Controller and shall

pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional

Engineer’s, Land Surveyor’s, and Geologist’s Fund.

(b) For accounting and recordkeeping purposes, the Professional Engineer’s, Land

Surveyor’s, and Geologist’s Fund shall be deemed to be a single special fund, and shall be

available for expenditure only for the purposes as are now or may hereafter be provided by law.

Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. All moneys in the fund are

hereby appropriated for the purposes of this chapter.

(d) This section shall become operative on July 1, 2016.

8801. Expiration of licenses

Licenses issued under this chapter expire every two years, if not renewed. Biennial

renewals shall be staggered on a quarterly basis. To renew an unexpired license the license

holder shall on or before the date of expiration indicated on the renewal receipt, apply for

renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter.

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8801.1. Assessment to reinforce knowledge of state laws and board rules and regulations

(a) At the time of renewal specified in Section 8801 or 8802, the board shall administer

an assessment of the licenseholder to reinforce the licenseholder’s knowledge of state laws and

the board’s rules and regulations. Failure to complete this assessment within 60 days after the

date of expiration of the license may result in disciplinary action under Section 8780, but shall

not affect the renewal of the license.

(b) The crime in subdivision (j) of Section 8792 shall not apply to this section.

development of the assessment.

(d) For the purposes of this section, “assessment” means an online program that contains

educational reading material and questions. The material shall be based on state law and the

board’s rules and regulations relating to the practice of professional land surveyors. The scope

of the assessment shall be limited to the board’s top five types of violations related to the

administrative and procedural aspects of the practice of professional land surveyors and any

changes or additions to existing law related to such administrative and procedural aspects.

8802. Renewal of license within five years of expiration

Except as otherwise provided in this article, licenses issued under this chapter may be

renewed at any time within five years after expiration on filing of application for renewal on a

form prescribed by the board and payment of all accrued and unpaid renewal fees. If the license

is renewed more than 30 days after its expiration, the licensee, as a condition precedent to

renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this

section shall be effective on the date on which the application is filed, on the date on which the

renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last

occurs. If so renewed, the license shall continue in effect through the date provided in Section

8801 which next occurs after the effective date of the renewal, when it shall expire if it is not

again renewed.

8802.1. Expiration of suspended license; renewal

A suspended license is subject to expiration and shall be renewed as provided in this

article, but such renewal does not entitle the licensee, while the license remains suspended and

until it is reinstated, to engage in the licensed activity, or in any other activity or conduct in

violation of the order or judgment by which the license was suspended.

8802.2. Expiration of revoked license

A revoked license is subject to expiration as provided in this article, but it may not be

renewed. It is reinstated after its expiration, the licensee, as a condition precedent to its

reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the

last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if

any, accrued at the time of its revocation.

8803. Failure to renew license within five years

(a) A license that is not renewed within five years after its expiration may not be

renewed, restored, reissued, or reinstated. After five years after expiration, the holder of a license

may apply for and obtain a new license subject to the following:

2023 Professional Land Surveyors’ Act 31

(1) He or she has not committed any acts or crimes constituting grounds for denial of

licensure under Section 480.

(2) He or she takes and passes the examination, if any, that would be required if applying

for the license for the first time.

(b) The board may, by regulation, provide for the waiver or refund of all or any part of

the application fee in those cases in which a license is issued without an examination pursuant to

this section.

8803.1. Effect of renewal of expired or delinquent license

Once an expired or delinquent license is renewed pursuant to Section 8802, all of the

following apply:

(a) The board shall continue to have full jurisdiction and authority over the licensee as if

the license had not expired or become delinquent.

(b) The work performed by the licensee during a period of expiration or delinquency

shall be deemed lawful and validly performed as to persons or entities other than the licensee.

during a period of expiration or delinquency, nor does the fact of performance during a period of

expiration or delinquency affect liability issues.

8804. Civil engineers also licensed as land surveyors – separate renewal fee for land

surveyor license

The renewal or reinstatement of any certificate of registration of a civil engineer under

Chapter 7 (commencing with Section 6700) of Division 3, who is also a licensed land surveyor,

shall not include the renewal or restoration of his land surveyor’s license, without the payment of

the surveyor’s renewal fee or penalty.

8804.5. Refunds

The board may make refunds of all fees in accordance with Section 158 of this code.

8805. Fee schedule

The amount of the fees prescribed by this chapter shall be fixed by the board in

accordance with the following schedule:

(a) The fee for filing each application for licensure as a land surveyor at not more than

four hundred dollars ($400) and for each application for certification as a land surveyor-in-

training (LSIT) at not more than one hundred dollars ($100).

(b) The fees to take an examination administered by a public or private organization

pursuant to Section 8745 shall be no greater than the actual cost of the development and

administration of the examination and may be paid directly to the organization by the applicant.

(d) The fee for a retired license at not more than 50 percent of the professional land

surveyor application fee in effect on the date of application.

(e) The delinquency fee at not more than 50 percent of the renewal fee in effect on the

date of reinstatement.

2023 Professional Land Surveyors’ Act 32

(f) The board shall establish by regulation an appeal fee for examination. The regulation

shall include provisions for an applicant to be reimbursed the appeal fee if the appeal results in

passage of examination. The fee shall be no more than the costs incurred by the board.

(g) All other document fees are to be set by the board by rule.

2023 Professional Land Surveyors’ Act 33