Friday, July 5, 2013

Missouri Land Surveying Laws, Rules & Regulations

The following is a list of statutes, rules and regulations pertinent to the practice of land surveying in the State of Missouri:

Missouri Revised Statutes
(http://www.revisor.mo.gov)

Essential:

Chapter 60, County Surveyors and Land Surveys
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=60)

Section 137.185, Tracts less than one-sixteenth of a section
(https://www.revisor.mo.gov/main/OneSection.aspx?section=137.185&bid=6691&hl=)

Chapter 327, Architects, Professional Engineers, Land Surveyors & Landscape Architects
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=327)


Also of interest:

Chapter 59, County Recorders of Deeds
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=59)

Chapter 214, Cemeteries
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=214)

Chapter 228, Establishment and Vacation of Roads
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=228)

Chapter 229, Provisions Relating to All Roads
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=229)

Chapter 241, Swamplands, Islands and Abandoned Riverbeds
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=241)

Chapter 442, Titles and Conveyances of Real Estate
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=442)

Chapter 445, Plats
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=445)

Chapter 446, Establishment and Evidence of Boundaries and Titles to Land
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=446)

Chapter 448, Condominium Property
(https://www.revisor.mo.gov/main/OneChapter.aspx?chapter=448)


Code of State Regulations

20 CSR 2030
Department of Insurance, Financial Institutions and Professional Registration
Missouri Board for Architects, Professional Engineers, Professional Land Surveyors & Landscape Architects
(http://sos.mo.gov/adrules/csr/current/20csr/20csr.asp#20-2030)

10 CSR 30
Department of Natural Resources
Land Survey
(http://sos.mo.gov/adrules/csr/current/10csr/10csr.asp#10-30)

Updated 06-24-2017
The Missouri State Land Survey was transferred from the Department of Natural Resources to the Department of Agriculture in August 2013.  Revisions to the Code of State Regulations under the Department of Agriculture are effective June 30, 2017.

2 CSR 90
Department of Agriculture
Division of Weights, Measures and Consumer Protection
(https://www.sos.mo.gov/adrules/csr/current/2csr/2csr#2-90)

Wednesday, July 3, 2013

January 29, 1971 Missouri State Land Survey Authority Meeting Minutes

Minutes of Meeting of State Land Survey Authority
in Executive Session in St. Louis, Missouri

     Meeting of the Authority was called to order at 10:15 a.m., January 29, 1971, at the Executive Inn, St. Louis, Missouri.  Chairman Kennedy called the following members to order:  Anderson, Barr, Eckhardt, and Hayes.

     Applications of the following applicants for the position of State Land Surveyor were reviewed and discussed:

     Gary B. Collins - Prescott, Arizona
     Robert E. Myers - St. Louis, Missouri
     John W. Enfield - Chico, California (Applicant withdrew
                       his application, via telephone to
                       chairman Kennedy about a week ago.)
     Kurt W. Bauer   - Waukesha, Wisconsin
     Arthur Jacobs   - Cherryville, Missouri

     Mr. Bauer met with the Authority for an interview.  The Authority agreed to pay travel expenses for Mr. Bauer to visit Rolla.

     Meeting recessed for lunch, with Mr. Bauer as guest.

     Upon reconvening, it was the unanimous decision of the Authority to offer the position of State Land Surveyor to Mr. Bauer, via a letter from the chairman.

     Chairman Kennedy reported that he will be out of the state for about three weeks, beginning February 13.  Hayes and Jacobs will check with vice-chairman Eckhardt if any situations develop that need action.

     Mr. Barr will meet with the Illinois Land Surveyors Association in Urbana on February 19.

     Mr. Eckhardt reported that Mrs. Betty Saunders, president of Missouri Association of County Clerks and Recorders, had discussed the possibility of obtaining part of the user fee for recorders.  The possibility of state documentary stamps on deed transfers was also discussed.  These items were referred to the Missouri Association of Registered Land Surveyors committee as appropriate items consistent with previous action taken by the Authority.

     Mr. Anderson posed the problem of section corners being replaced by the Corps of Engineers and having dubious accuracy.  The Authority will request from the Bureau of Land Management criteria for relocation and reestablishment of General Land Office original corners.

     The minutes of December 1 and 2 meeting were approved.

     Meeting adjourned.

{signed} William C. Hayes
         Temporary Secretary


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Transcribed by Steven E. Weible

Thursday, June 27, 2013

December 2, 1970 Missouri State Land Survey Authority Meeting Minutes

Minutes of Meeting
Missouri State Land Survey Authority
December 1 & 2, 1970


     Authority Members assemble at the Carney Motel in Rolla, Missouri the evening of December 1, 1970 for a discussion of possible legislative action advisable to present to the next General Assembly.  Meeting with the Authority were members of the Legislative Committee of MARLS.

     The Session on December 2 was called to order by Chairman Kennedy at 8:30, with all members and Mr. Jacobs, planning coordinator, present.  Meeting with the Authority were Messrs Myers, Kaller, and Reed, members of the Legislative Committee of MARLS.  Mr. Myers stated that their committee and the members of MARLS desire to foster close cooperation with the Authority in an advisory and "sounding board" capacity.

     Myers stated that he was in contact with NOAA in regard to surveying standards and control.  Two questions regarding the existing Missouri coordinate statute were offered:

1. What agency is authorized to change the control standards for first and second order surveys?

2. Are not the USC & GS standards too extreme to use as control standards for the Missouri Coordinate System?

     It was recommemded by the Committee that there should be no immediate change of the present statute.

     Representatives of MARLS and the Authority had met with the recorders and explained the formation and aims of the Authority and the recording fee.  It was reported that there was a general feeling that progress was made in explaining the purpose and the need of the Authority.

     Myers submitted some general suggestions of MARLS regarding the critical path and item descriptions of proposed programs for the Authority and a chart of suggested internal structure of the Authority.

     It was suggested by Reed that the State Land Surveyor be employed as soon as practical in order that he would be present in the early plan formulation of long range planning activities.

     Mr. Jacobs informed the MARLS Committee Members of the Authority's emergency appropriation request and the request for FY 1972 appropriations.

     Following a general discussion of incompetent surveying practices and conflict of statutes, Myers suggested that a MARLS committee work with an attorney to investigate statute revision after compiling a state-wide inventory of surveying and recording methods, procedures, etc.

     A general discussion was held concerning actual projects the Authority should initiate within the next two years:  Reestablishment of section corners, monumentation, and the problem of coordination of urban coordinate datums.  These comments led to viewing the legal aspect once again.  Should some statutes that are so critical and of an emergency nature be revised in the near future, or should a complete revision of all pertinent statutes be planned for revision at a later date?

     Chairman Kennedy stated that, in his opinion, two problems exist that need early action:

1. Revision of the C & GS standards for Missouri Coordinate System, and

2. Revision and/or statement of survey accuracies

The Authority agreed;

1. That a committee of MARLS should investigate the existing statutes and make recommendations for revision, and

2. The Authority would investigate the possibility for financial assistance to the MARLS committee for said investigation.

     Subsequent to excusing the MARLS Committee Members, the Authority discussed with Mr. Jacobs the future housing and space problem and concurred that we shall continue to work on all possibilities.

     Chairman Kennedy called for corrections or additions to the minutes of the meeting of October 23 that had been distributed to the members.  Several corrections were suggested, following which Mr. Eckhardt moved, and Mr. Barr seconded, that the minutes be approved as corrected.  The motion carried.

     The problem of the Nebraska vs. Missouri boundary dispute was discussed, with consideration as to whether the Authority should be the proper State agency for actually resurveying, or supervising resurveying, of any areas that may be required or desired by the State of Missouri, and with consideration as to whether the Authority at this time is in a position to undertake any such work.  It was the consensus that it would be appropriate at this time to begin exploratory talks with the Attorney General.

     Mr. Jacobs presented the monthly financial report and explained results to date of acquisition of data from surveyors relative to the "good corner project."

     The House Subcommittee investigation capital improvement requests of the House Appropriation Committee, consisting of Representative Garrett, Heflin, and Betz, accompanied by Representative Smallwood, conferred with the Authority regarding the Authority's request for a building.  The Authority agreed to include in the request monies for land acuisition in addition to requested building request.

     The Authority met in executive session to discuss desired qualifications for the position of State Land Surveyor.

     Meeting adjourned at 4:15 p.m.

{signed} William C. Hayes
         Temporary Secretary


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Transcribed by Steven E. Weible

Friday, June 7, 2013

Missouri Professional Land Surveyor Licensing Requirements

The following article represents my views on changes that could be made to the licensing requirements for Missouri Professional Land Surveyors. To view the current laws, rules and regulations pertaining to Missouri Professional Land Surveyor licensing requirements click here.

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Back in the year 2000, the legislative committee of the Missouri Society of Professional Surveyors was pursuing changes to the licensing requirements for professional land surveyor. The committee proposed to require four years of satisfactory professional field and office experience to qualify for examination and licensure as a professional land surveyor. This proposed change was successful and is embodied in the current Section 327.314 of the Missouri Revised Statutes (go to Missouri Revised Statutes chapter 327).

At the time this change was proposed, I was enrolled as a land surveyor-in-training (as well as an engineer-in-training) and was asked to comment on the proposed change. Having recently completed the process of enrollment as a land surveyor-in-training, I felt that the entire licensing process needed revision and in a memo, dated September 20, 2000, I responded with the following discussion. I do not know how these comments were presented to or received by the legislative committee, if at all, but I believe that they are still relevant and worthy of sharing with a broader audience.

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Before discussing licensure of the professional land surveyor (LS), it would be instructive to first examine the licensing procedure of the professional engineer (PE). In order for a PE candidate to be licensed he must (1) be over the age of 21; (2) be of good moral character; (3) obtain a degree in engineering from an accredited school of engineering, or the equivalent thereof; (4) pass the Fundamentals of Engineering examination; (5) obtain four years of satisfactory engineering experience under the direct supervision of a PE; and (6) pass the Principles and Practice of Engineering examination. Now, to generalize requirements (3) through (6) the candidate must (a) obtain a specified minimum level of education; (b) pass an examination of fundamental principles; (c) gain actual, hands-on experience under appropriate supervision; and (d) pass an examination of the principles of the practice of the profession. These requirements represent a reasonable progression of development: understanding the basic concepts, demonstrating understanding by examination, gaining practical hands-on experience, and demonstrating competence to practice as a professional.

The LS candidate, on the other hand, can currently choose one of three options to qualify for the land surveyor-in-training examination. The options vary in the amount of education and experience required and, as a result, do not establish a minimum required level of education and experience.

For guidance in structuring the process for licensure of the land surveyor, perhaps we should look at the scope of the examinations. The following is quoted from the NCEES Professional Land Surveying Candidate Handbook:

"The FLS [Fundamentals of Land Surveying] examination focuses on the recall of basic principles and the application of mathematical formulas in the solution of basic surveying problems. The PLS [Principles and Practice of Land Surveying] examination tests the candidate’s ability to apply the basic principles of land surveying in making judgements based upon typical field data."

Therefore, we may say that the FLS exam tests the understanding of basic concepts, which is obtained through education and that the PLS exam tests the application of concepts to real world problems, an understanding of which is developed through qualified experience. It would seem reasonable, then, to require a minimum level of education in order to qualify to take the FLS exam and to require a minimum level of qualified experience to take the PLS exam.

Based upon the above reasoning and the existing requirements, I would suggest the following requirements/procedure for licensure of the land surveyor:

A. Requirements for enrollment as a Land Surveyor-in-training

   1) over the age of 21
   2) good moral character
   3) high school graduate or equivalent (GED)
   4) satisfactory completion of college coursework as follows:

      Mathematics, 8 credit hours
         Algebra, Trigonometry and/or higher mathematics

      Communications, 3 credit hours
         e.g., Technical Writing, Speech, etc.

      Board approved Surveying Courses, 12 credit hours
         2 credit hours must be in Legal Aspects of Boundary Surveying

      Science/Technical Arts, 9 credit hours
         e.g., computer science/programming, CAD, physical science,
         physics, chemistry, drafting, etc.

These educational requirements come directly, for the most part, from the Missouri Code of State Regulations, Sections 20 CSR 2030-14.030 and 20 CSR 2030-14.040 [go to 20 CSR 2030 now]. The gist is that just as the engineers are required to meet a specified course of study as defined by the degree requirements of an accredited program, the surveyor should also be required to meet a specified course of study. (Granted, the requirements for the surveyor are not as rigorous as for the engineer.) Is a minimum requirement of a four-year degree the panacea? While a four-year degree in an applicable field of study would be good, I believe that these degree programs contain a lot of fluff that really contribute nothing to a candidate’s preparedness for a professional land surveying license. A better solution would be a targeted course of study such as I have presented above. The specific course of study could be negotiated among professionals in a manner similar to the method of determining the content of the Missouri State-Specific Land Surveyor Exam.

   5) pass the NCEES Fundamentals of Land Surveying 8-hour Exam

"Experience" gained prior to attaining the minimum level of education should not apply to the requirements for licensure, because, until this minimum level is attained, the candidate has not begun to approach the professional level. Only experience gained after enrollment as an LSIT should count toward qualifying for the PLS.
 

B. Requirements for licensure as a Professional Land Surveyor

   1) enrolled as land surveyor-in-training
   2) four (4) years of qualified field and office experience in land surveying under the direct supervision of a Professional Land Surveyor
   3) Pass the 6-hour NCEES Principles and Practice of Land Surveying exam
   4) Pass the 2-hour Missouri Specific Land Surveyor exam

I believe that this plan establishes a minimum level of education that should prepare the candidate for the FLS exam, without causing undo burden, while, at the same time, protecting the welfare of the public by demanding a minimum level of competence. The mathematics, communications, and science classes are readily available as day or evening classes at nearly every junior college, college, and university across the state. Obtaining the necessary surveying coursework, however, is still a challenge and is probably the most formidable obstacle in the licensing process.

I do not believe that classroom education can be substituted for field experience, nor can field experience be substituted for classroom education. The classroom is the best environment for learning the concepts and the field is the best place to learn the application of those concepts.



Tuesday, June 4, 2013

October 23, 1970 Missouri State Land Survey Authority Meeting Minutes

Minutes of Meeting
Missouri State Land Survey Authority
October 23, 1970

The stated meeting of the Authority was called to order by Chairman Kennedy at 10:10 a.m. in the conference room of the Buehler Building, Rolla, Missouri.  All members and Mr. Art Jacobs, planning coordinator, were present.

Minutes of the October 7th meeting as previously distributed were corrected.  It was moved by J. S. Anderson and seconded by R. J. Barr that the minutes, as corrected, be approved.  The motion carried.

Chairman Kennedy explained the establishment of a "reading file" to be maintained by the Coordinator for reference by Authority members.

Mr. Jacobs reported that several letters from County Surveyors have been received in reply to correspondence.  Similar letters are to be sent to members of MARLS, and later to registered land surveyors not members of MARLS.

Attention of the Authority was directed to the budget recommendation of the Director of Budget.  Art Jacobs presented a review of the efforts to obtain a satisfactory budget.  The Budget Office has recommended the following:

        Personal Service       $66,488.00
        Additions               34,555.00
        Repairs & Replacements     300.00
        Operations              87,700.00
                              -----------
                    Total     $189,043.00

It was agreed by the Authority to request - at the Governor's Appeal Hearing - restoration of $95,900.00 in operations in order to provide services (through contractural services) as established by Statute.  Members agreed to be present at the hearing without compensation or reimbursement for expenses.

The Authority plans to make appropriate contact with the chief executive officer of:  Missouri Land Title Association, Missouri Association of Realtors, and Association of County Recorders.

A summary of expenses to date and proposed future expenditures was presented by Mr. Jacobs and approval given by the Authority.

A late November, or early December, meeting date will be determined and the members properly informed.

There being no other business, the meeting adjourned.

{signed} William C. Hayes, Temporary Secretary


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Transcribed by Steven E. Weible

Tuesday, May 28, 2013

October 7, 1970 Missouri State Land Survey Authority Meeting Minutes

Minutes of Meeting
Missouri State Land Survey Authority
October 7, 1970

The meeting was called to order by Chairman Kennedy at 10:15 a.m. in the conference room of the Buehler Building, Rolla, Missouri.

Members present were:  Dan Kennedy, W. C. Hayes, W. L. Eckhardt, R. J. Barr, and J. S. Anderson.

Jim Anderson, having been appointed to the Authority by Governor Hearnes subsequent to the first meeting, was welcomed to the group by the Chairman.

Minutes of the first meeting were distributed.  It was moved by W. L. Eckhardt, seconded, and passed that the minutes be approved as corrected.

The Chairman summarized action taken by the Authority on several items discussed at the previous meeting, including visitation of the chairman and "administrative assistant" to various State agencies in Jefferson City.

The Authority discussed needed legislation changes in the statutes and the action to be taken.  Chairman Kennedy and R. J. Barr were to contact the president of MARLS to request their suggestions.  W. L. Eckhardt is to meet in the near future with the State Association of County Recorders.

The opinion of the State Attorney General on the one dollar User Fee (RSMo 1969, Section 59.319) was brought to attention of the members by Art Jacobs.

Authority members reviewed and gave their approval of letters sent to County Surveyors, MARLS members, and Missouri Registered Land Surveyors.

Mr. Jacobs presented the proposed budget for the remainder of the current fiscal year, including a supplemental budget, and budget request for fiscal year 1971-72.

The budget items were reviewed, discussed, and changes recommended for several items.  It was moved by W. L. Eckhardt, seconded by R. J. Barr, and passed unanimously that the Authority:

   1.  Approve the title change for Mr. Jacobs from "Administrative Assistant" to "Planning Coordinator" in order to comply with available State titles and codes.

   2.  Authorize the Planning Coordinator to sign administrative forms (payrolls, expense accounts, requisitions, etc.) in behalf of the Authority.

   3.  Approve the recommendation of Mr. Jacobs that the Authority hire Mrs. Dorothy Reynolds as Clerk Stenographer II on a full-time basis with a monthly salary of $400 per month.

   4.  Approve the employment of Mrs. Dorothy Breuer on part-time, hourly basis as conditions may require.

   5.  Authorize the expenditure of necessary fiscal 1971 funds as required for normal operation of the Authority.

   6.  Authorize purchase of furniture and equipment from fiscal 1971 funds as may be approved by the Chairman.

   7.  Approve the supplemental budget request for 1971 in amount of $67,845.00

   8.  Approve the budget request for fiscal 1971-72 in the following amount:

          Personal Service        $87,288.00
          Additions                43,126.00
          Repairs & Replacements    1,000.00
          Operations              218,500.00
          Capital Improvement       3,000.00
                                  ----------
                      Total      $352,914.00

Representative Dick Smallwood, 127th District, visited with the Authority and discussed the need of future office and storage requirements.  The Authority recessed in order for the Authority members and Mr. Jacobs to tour the Missouri State Highway Patrol Academy facilities in Rolla in order to determine if the facility would be adequate for use by the Authority for office and storage upon transfer of Patrol personnel to Jefferson City.

Upon reconvening at the Buehler Building, and following a discussion of the above item, R. J. Barr moved that the Chairman and Planning Coordinator make immediate inquiry of proper officials and agencies regarding the possibility of acquisition of space for the Authority in the Patrol Academy building when vacated.  The motion was passed unanimously.

There being no other business before the Authority, the meeting was adjourned.

{signed} W. C. Hayes, Temporary Secretary


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Transcribed by Steven E. Weible

Thursday, May 23, 2013

September 18, 1970 Missouri State Land Survey Authority Meeting Minutes

Minutes of Meeting
Missouri State Land Survey Authority
September 17 and 18, 1970

Upon notification of the appointment of several members of the State Land Survey Authority, W. C. Hayes, State Geologist, arranged for a meeting of the Authority to be held the evening of September 17 at the Carney Manor and for the day of September 18 in the conference room of the Topographic Division, USGS, offices, both located in Rolla, Missouri.

Members present were Dr. W. C. Hayes, State Geologist; Willard L. Eckhardt, Daniel Kennedy, and Richard J. Barr.

The meeting on September 17 was devoted to general discussion of the legislative charges placed upon the Authority by the statutes, and possible action that could be taken by the Authority in the near future.  The formal organizational meeting of the Authority was called to order at 8:30 a.m. on September 18.

Following a general discussion of a tentative agenda, Daniel Kennedy was unanimously elected chairman with no specified term of office and W. C. Hayes elected to serve as temporary secretary.

The following items were discussed as to their priority and need:

   1.  Immediate need for at least part-time employment of someone to act as an "Administrative Assistant", to assist the Authority in Administrative functions until employment of a State Land Surveyor.

   2.  Need for a part-time secretarial help.

   3.  Public announcement of organization of the Authority.

   4.  Contact MARLS, MSPE, and ACSM regarding our anticipatory request of their assistance.

   5.  Fiscal 1972 budget and need for emergency or supplementary budget for FY 1971.  These items to be presented at next meeting to be held in October.

   6.  Need for recordation and improvement of coordinate systems in urban areas.

   7.  Need for investigation of adequate office and storage facilities.

   8.  The Temporary Secretary was authorized to sign payroll and other official administrative papers for the Authority.

Chairman Kennedy reviewed several items of the statutes relating to the functions, duties, and responsibilities of the Authority as indicated in Section 60.510:

   1.  The Authority is charged to act, depending upon available funds, but also will be limited in the near future by the urgency of a situation.

   2.  Monumentation should not be initiated until the appointment of the State Land Surveyor.

   3.  No concentrated action can be established until personnel are employed and storage facilities are available.

   4.  Possible cooperative agreement with the U.S. Coast and Geodetic Survey may provide economic and accurate methods to fulfill requirements.

   5.  Collection and preservation of survey data needs to be a priority planning item.

   6.  No action is possible at present to supply certified copies upon request.

   7.  The Authority should seek involvement of MARLS, MSPE, ACSM, etc. in plans and to maintain free communication with them.

   8.  Authority should actively seek and appoint a State Land Surveyor.

Chairman Kennedy suggested employment of an "Administrative Assistant" on a half-time basis with an annual salary of approximately $6,000.  The Authority interviewed Mr. Arthur Jacobs for this position and approved his employment effective September 21, 1970 on half-time basis at a salary of $500 per month.

The Authority also approved the hiring of a secretary on a part-time, hourly, basis as might be selected by the Chairman and Mr. Jacobs.

The next meeting was set for October 8th, in Rolla.

Meeting adjourned upon motion.

{signed} William C. Hayes, Temporary Secretary


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Transcribed by Steven E. Weible