Chapter 1018 Oregon Laws 1999

Session Law

AN ACT

HB 2866

Relating to land surveys; amending ORS 92.050, 92.055, 92.060, 92.065, 92.070, 92.100 and 209.250.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 92.050 is amended to read:

92.050. (1) [No] A person shall not submit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250 and the plat requirements of the subdivision or partition have been met.

(2) The survey for the plat of the subdivision or partition shall be done in a manner to achieve [a relative positional] such accuracy [of] that measurements may be taken between monuments within one-tenth of a foot or one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater[, relative to the overall boundary].

(3) The survey and plat of the subdivision or partition shall be made by a registered professional land surveyor.

(4) The plat of the subdivision or partition shall be of such scale and lettering size, approved by the county surveyor, so that all survey and mathematical information, and all other details may be clearly and legibly shown thereon. Each lot or parcel shall be numbered consecutively. The lengths and courses of all boundaries of each lot or parcel shall be shown. Each street shall be named.

(5) The locations and descriptions of all monuments found or set shall be carefully recorded upon all plats and the proper courses and distances of all boundary lines, conforming to the surveyor's certificate, shall be shown.

(6) The location, dimensions and purpose of all recorded and proposed public and private easements shall be shown on the subdivision or partition plat along with the county clerk's recording reference if the easement has been recorded with the county clerk. Private easements shall become effective upon the recording of the plat.

(7) The area of each lot or parcel shall be shown on the subdivision or partition plat.

(8) In addition to showing bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot, the following curve information shall be shown on the subdivision or partition plat either on the face of the map or in a separate table:

(a) Arc length;

(b) Chord length;

(d) Radius; and

(e) Central angle.

[(9) The surveyor submitting any subdivision, condominium or partition plat that is within one-half mile of an established geodetic control monument, that has been approved by the National Geodetic Survey or has been approved by and filed with the county surveyor, shall, by field survey, show the bearing or angles and distances from the geodetic control monument to a monumented corner on the boundary of the plat. If there is an azimuth mark for the geodetic control monument or if there is another geodetic control monument that is intervisible to the primary geodetic control monument, the bearing or angle between the geodetic control monument and the azimuth mark or the intervisible geodetic control monument shall be shown.]

[(10) Notwithstanding the provisions of subsection (9) of this section, the county surveyor may waive the requirement of a distance and bearing to a geodetic control monument if the subdivision or condominium, or partition thereof, has previously furnished the required information.]

[(11)] (9) No city or county shall require that a final subdivision, condominium or partition plat show graphically on the final plat any information or requirement that is or may be subject to administrative change or variance by a city or county.

SECTION 2. ORS 92.055 is amended to read:

92.055. (1) Any parcel shown on a partition plat that is not required to be surveyed and monumented shall comply with the following:

(a) The approximate acreage of each unsurveyed parcel shall be shown; and

(b) Any unsurveyed parcel shall have the words "unsurveyed" placed in bold letters adjacent to the parcel number.

(2) Unsurveyed parcels need not comply with ORS 92.050 (5), [and] (7) [to (9)] and (8).

SECTION 3. ORS 92.060 is amended to read:

92.060. (1) The initial point of all plats shall be on the exterior boundary of the plat and shall be marked with a monument, either of concrete, galvanized iron pipe or an iron or steel rod. If concrete is used it shall not be less than 6 inches by 6 inches by 24 inches and shall contain not less than five cubic inches of ferrous material permanently imbedded in the concrete. If galvanized iron pipe is used it shall not be less than three-quarter inch inside diameter and 30 inches long, and if an iron or steel rod is used it shall not be less than five-eighths of an inch in least dimension and 30 inches long. The location of the monument shall be with reference by survey to a section corner, one-quarter corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot corner or boundary corner of a recorded subdivision, partition or condominium plat. The county surveyor may authorize the setting of another type of monument in circumstances where setting the required monuments is impracticable.

(2) In subdivision plats, the intersections, the beginning and ending points, points of curves and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerlines of all streets and roads and all points on the exterior boundary where the boundary line changes direction, shall be marked with monuments either of concrete, galvanized iron pipe, or iron or steel rods. If concrete is used it shall be as described in subsection (1) of this section. If galvanized iron pipe is used it shall not be less than three-quarter inch inside diameter and 30 inches long, and if iron or steel rods are used they shall not be less than five-eighths of an inch in least dimension and 30 inches long. The county surveyor may authorize the setting of another type of monument in circumstances where setting the required monuments is impracticable.

(3) All lot and parcel corners except lot corners of cemetery lots shall be marked with monuments of either galvanized iron pipe not less than one-half inch inside diameter or iron or steel rods not less than five-eighths inch in least dimension and not less than 24 inches long. The [county] surveyor may [authorize the setting of] set another type of monument in circumstances where setting the required monuments is impracticable.

(4) Monuments shall be set with such accuracy that measurements may be taken between monuments within one-tenth of a foot or within one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

(5) All monuments on the exterior boundaries of a subdivision shall be placed where changes in the direction of the boundary occur and the monuments shall be referenced on the plat of the subdivision before the plat of the subdivision is offered for recording. However, [interior] the remaining monuments for the subdivision need not be set prior to the recording of the plat of the subdivision if the registered professional land surveyor performing the survey work certifies that the [interior] remaining monuments will be set on or before a specified date as provided in ORS 92.070 (2) and if the person subdividing the land furnishes to the county or city by which the subdivision was approved a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security as required by the county or city guaranteeing the payment of the cost of setting the [interior] remaining monuments for the subdivision as provided in ORS 92.065.

(6) All monuments on the exterior boundary and all parcel corner monuments of partitions shall be placed before the partition plat is offered for recording. Unless the governing body provides otherwise, any parcels created that are greater than 10 acres need not be surveyed or monumented.

(7) Except as provided in subsections (8) to (10) of this section, an adjusted property line created by the relocation of a common boundary as described in ORS 92.010 (7)(b) shall be surveyed and monumented in accordance with subsection (3) of this section and a survey, complying with ORS 209.250, shall be filed with the county surveyor.

(8) Notwithstanding subsection (7) of this section, [a governing body of a city or county may, by ordinance, waive the requirement of a survey and monumentation of an adjusted property line when both parcels affected are] unless the governing body of a city or county has otherwise provided by ordinance, a survey or monument is not required for a property line adjustment when the abutting properties are each greater than 10 acres. Nothing in this subsection shall exempt a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations.

(9) Unless the governing body of a city or county has otherwise provided by ordinance, the requirements of subsection (7) of this section shall not apply to the relocation of a common boundary of a lot in a subdivision or a parcel in a partition when the adjusted property line is a distance of even width along the common boundary.

(10) The requirements of subsection (7) of this section do not apply to property transferred through a property line adjustment as provided in ORS 92.010 (7)(e).

SECTION 4. ORS 92.065 is amended to read:

92.065. (1) Except for exterior monuments described in ORS 92.060 (5), if the [interior] remaining corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the county surveyor, prior to approval of the subdivision plat by the county surveyor, a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security, as required at the option of the city or county, in an amount equal to 120 percent of the estimated cost of performing the work for the [interior] remaining monumentation.

(2) The county surveyor may require that the setting of the [interior] remaining corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvements has not been completed, or if other conditions or circumstances justify the delay.

(3) The person subdividing the lands described in subsection (1) of this section shall pay the surveyor for performing the [interior] remaining monumentation work and notify the county surveyor of the payment. The county surveyor, within three months after the notice, shall release the bond, irrevocable letter of credit or other required security, or return the cash deposit upon a finding that the payment has been made. Upon written request from the person subdividing the land, the governing body may pay the surveyor from moneys within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit. If the subdivider has not paid the surveyor within 30 days of final approval of the [interior] remaining monumentation, the city or county may pay the surveyor from moneys held in a cash deposit, if any, or require payment to be made from other security.

(4) In the event of the death, disability or retirement from practice of the surveyor charged with the responsibility for setting [interior] remaining monuments for a subdivision or upon the failure or refusal of the surveyor to set the monuments, the county surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070. If another surveyor completes the [interior] remaining monumentation, the surveyor shall submit an affidavit to the county surveyor complying with ORS 92.070 (3)(b). The county surveyor shall note on the original, and on any exact copies filed in accordance with ORS 92.120 (3) the surveyor's name and business address. Payment of the fees for completing said monumentation shall be made by the subdivider within 30 days of the completion of such work. In the event that the subdivider fails to pay such fees within 30 days, the bond, cash deposit, irrevocable letter of credit or other security may be used to pay such fees; and when such cash or other securities are inadequate to cover the cost incurred by the county surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 to 93.800.

SECTION 5. ORS 92.070 is amended to read:

92.070. (1) Except as otherwise provided in this section, all subdivision or partition plats designating the location of land in any county in the State of Oregon, offered for record, shall include on the face of the plat a surveyor's certificate together with the seal and signature of the surveyor having surveyed the land represented on the plat, to the effect that the surveyor has correctly surveyed and marked with proper monuments the lands as represented, and has placed a proper monument as provided in ORS 92.060 indicating the initial point of the plat and its location in accordance with ORS 92.060 (1) and accurately describing by metes or bounds, or other description as approved by the county surveyor, the tract of land upon which the lots and blocks or parcels are laid out. If the plat is a partition plat which contains parcels not surveyed, the surveyor's certificate shall so indicate.

(2) If the person subdividing any land has complied with ORS 92.065 (1), the surveyor may prepare the plat of the subdivision for recording with only the exterior monuments referenced on the subdivision plat as submitted for recording. The subdivision plat shall include a certification of the surveyor that the [interior] remaining corners for the subdivision will be monumented on or before a specified date in accordance with ORS 92.060, noting those monuments to be set on or before said specified date on the subdivision plat as approved by the city or county.

(3) After the [interior] remaining corners for a subdivision have been monumented as provided in the certificate submitted under subsection (2) of this section, the surveyor performing the work shall:

(a) Within five days after completion of the work, notify the person subdividing the land involved and the surveyor of the city or county by which the subdivision was approved; and

(b) Upon approval of the work under ORS 92.100 by the county surveyor, submit an affidavit for recording stating that the subdivision plat has been correctly surveyed and marked with proper monuments at the [interior] remaining corners of the subdivisions as noted on the original subdivision plat. Any monument that cannot be set shall be separately noted and a reference monument shall be set. The affidavit shall be approved by the county surveyor before recording. The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder where the subdivision plat is recorded. The county clerk shall promptly provide a recorded copy of the affidavit to the county surveyor. The county surveyor shall note the monuments set and the recorder's information on the original subdivision and any exact copies filed in accordance with ORS 92.120 (3).

(4) The county surveyor approving the work pursuant to subsection (3) of this section shall reference the approval upon the subdivision plat and tracings previously recorded. A city surveyor approving the work under ORS 92.100 (1) shall reference that surveyor's approval on the affidavit required under this section prior to approval by the county surveyor.

(5) Notwithstanding ORS 209.250, the surveyor who prepared the subdivision or partition plat may reestablish plat monuments within two years of plat recordation without filing a map of the survey as required under ORS 209.250. The surveyor reestablishing any plat monuments shall prepare an affidavit stating that the reestablished corners of the subdivision or partition plat have been correctly surveyed and marked with proper monuments as required under ORS 92.060. The affidavit shall be approved by the county surveyor prior to recordation of the affidavit with the county clerk. The surveyor who prepared the affidavit shall file the affidavit with the county clerk for the county where the subdivision or partition plat is recorded. The county clerk shall promptly provide a certified copy of the recorded affidavit to the surveyor. The county surveyor shall indicate the reestablished monuments on the original plat of the subdivision or partition and any copies of the plat filed under ORS 92.120 (3). The county shall charge a fee for recording the affidavit in the county clerk's office and the county surveyor's office. The fee shall be established by the governing body of the county and shall be paid to the county surveyor.

SECTION 6. ORS 92.100 is amended to read:

92.100. (1) Before any subdivision or partition plat can be recorded, covering land within the corporate limits of any city, it must be approved by the county surveyor. Notwithstanding ORS 92.170, the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surveyor. Except as provided in subsection (4) of this section, if the land is outside the corporate limits of any city, the subdivision or partition plat shall be approved by the county surveyor before it is recorded. All subdivision plats must also be approved by the county assessor and the governing body of the county in which the property is located before recording. However, a county may provide by ordinance for the approval of subdivision plats by the county assessor and the chairperson or vice chairperson of the governing body of the county. Unless provided for by ordinance of the governing body, partition plats shall be subject only to the approval of the city or county surveyor. The city or county surveyor shall review the partition plat only for compliance with the applicable provisions of this chapter and ORS 209.250.

(2) Before approving the subdivision plat as required by this section, the county surveyor shall check the subdivision site and the subdivision plat and shall take such measurements and make such computations and other determinations as are necessary to determine that the subdivision plat complies with [this and other applicable laws] the applicable provisions of this chapter and ORS 209.250 and with the subdivision requirements established pursuant to an ordinance or resolution passed by the governing body of the controlling city or county. For performing such service the county surveyor shall collect from the subdivider a fee of $100 plus $5 for each lot contained in the subdivision. The governing body of a city or county may establish a higher fee by resolution or order.

(3) Before approving the partition plat as required by this section, the county surveyor, as provided by subsection (1) of this section, shall check the partition plat and make such computations and other determinations that the partition plat complies with the provisions of this and other applicable laws and with the partition requirements established pursuant to an ordinance or resolution by the governing body of the controlling city or county. For performing such service, the county surveyor shall collect from the partitioner a fee to be established by the governing body.

(4) Any subdivision or partition plat prepared by the county surveyor in a private capacity shall be approved in accordance with subsection (2) or (3) of this section, whichever is applicable, by the surveyor of a county other than the county where the land is located and who has been designated by the county surveyor. The designated county surveyor shall collect the applicable subdivision or partition plat check fee, and any travel expenses incurred, as established by the designated county surveyor's board of commissioners. The subdivision or partition plat check fee and other expenses shall be paid by the subdivider prior to approval of the subdivision or partition plat by the designated county surveyor.

(5) Nothing in this section shall be construed to prohibit a city, county or special district from requiring engineering review and approval of a subdivision plat to assure compliance with state and local subdivision requirements that relate to matters other than survey adequacy.

SECTION 7. ORS 209.250 is amended to read:

209.250. (1) Any registered professional land surveyor making a survey of lands within this state wherein the surveyor establishes or reestablishes a boundary monument shall, within 45 days thereafter, submit for filing a permanent map of the survey to the county surveyor for review. When filed, the map shall be a permanent public record in the office of the county surveyor. In establishing or reestablishing a public land survey corner, the surveyor shall comply with ORS 209.070 (4), 209.130 and 209.200. If the surveyor is unable to complete the survey and submit a permanent map within 45 days, the surveyor shall, within 45 days of establishing or reestablishing a boundary monument, provide written notice to the county surveyor containing the reasons for the delay, an estimate of the amount of time reasonably necessary to complete the survey but not exceeding 180 days, and a temporary map showing the position of any monuments established or reestablished.

(2) Such permanent map shall have a written narrative that may be on the face of the map. If the narrative is a separate document, the map and narrative shall be referenced to each other. The map and narrative shall be made with archival quality black ink or silver halide permanent photocopy on archival quality drafting material in such size as may be required by the county surveyor. The lettering on the map and narrative shall be of such size and clarity as to be clearly reproduced. The narrative shall explain the purpose of the survey and how the boundary lines or other lines were established or reestablished and shall state which deed records, deed elements, survey records, found survey monuments, plat records, road records or any other pertinent data were controlling when establishing or reestablishing the lines. If the narrative is a separate document, it shall also contain the following:

(a) Location of survey by one-fourth section, Township and Range.

(b) The date of survey.

(d) The surveyor's business name and address.

(3) [Such] A permanent map shall show the following:

(a) Location of survey by one-fourth section, Township and Range.

(b) The date of survey.

(d) The distance and course of all lines traced or established, giving the basis of bearing and the measured distance and course to a monumented section corner, one-quarter corner, one-sixteenth corner or Donation Land Claim corner in Township and Range, or to a monumented lot or parcel corner or boundary corner of a recorded subdivision, partition or condominium.

(e) All measured bearings, angles and distances that are used as a basis for establishing or reestablishing lines or monuments separately indicated from those of record together with the recording reference. Metric measurements may be used if a conversion to feet is provided.

(f) All monuments set and their relation to older monuments found. A detailed description of monuments found and set shall be included and all monuments set shall be separately indicated from those found.

(g) The surveyor's seal and original signature.

(h) The surveyor's business name and address.

(4)(a) Within 30 days of receiving a permanent map under this section, the county surveyor shall review the map to determine if it complies with subsections (1), (2) and (3) of this section and any applicable local ordinances. A map shall be indexed by the county surveyor within 30 days following a determination that the map is in compliance with this section. Any survey prepared by the county surveyor in an official or private capacity shall comply with subsections (1), (2) and (3) of this section.

(b) Any survey map found not to be in compliance with subsection (1), (2) or (3) of this section shall be returned within 30 days of receipt for correction to the surveyor who prepared the map. The surveyor shall return the corrected survey map to the county surveyor within 30 days of receipt of the survey map from the county surveyor.

(c) Any map that is not corrected within the specified time period shall be forwarded to the State Board of Examiners for Engineering and Land Surveying for action, as provided in subsection (11) of this section.

(d) No action may be maintained against the county surveyor for recording a survey map that does not comply with this section.

(e) No action may be maintained against the county surveyor for refusal to file a survey map that does not comply with this section.

(5)(a) When a survey within this state is funded entirely or in part by public funds[, if] and the survey results in the establishment [or reestablishment] of horizontal or vertical positions for [mapping control or] geodetic control, the registered professional land surveyor performing the survey, within 45 days after completion of the survey, shall file a report of the survey with the county surveyors of those counties [affected by the survey] in which the newly established points are located. [The report shall be a public record in the office of the county surveyor.]

(b) When a survey within this state is funded entirely or in part by public funds and the survey results in the establishment of horizontal or vertical positions for mapping control, the registered professional land surveyor performing the survey, within 45 days of completing the survey, shall file a report of the survey with the county surveyor of a county in which a newly established point is located.

(6) A report required by subsection (5)(a) of this section may include maps or diagrams. The maps or diagrams, if included, shall be referenced to each other. The report shall contain the following:

(a) The name and number of each newly established geodetic control point.

[(a)] (b) Location of newly established geodetic control points by Section, Township and Range [and station name if applicable].

[(b)] (c) Location of the horizontal component of geodetic control points by [coordinates] the Oregon Coordinate System as described in ORS 93.320 and 93.330, including the scale factor, combined scale factor, convergence and [or] geographic or geodetic coordinates [positions], indicating datum used.

[(c)] (d) Location of the vertical component of geodetic control points by [elevation] orthometric height, ellipsoidal height and geoidal separation, indicating datum used.

[(d)] (e) The date of survey.

[(e)] (f) The business name and address of the surveyor.

[(f)] (g) A description of all monuments set or found, including narrative or graphic information sufficient to locate the monuments.

[(g)] (h) A statement explaining the purpose of the survey, the equipment and procedures used, [the] including the geoid model and reference ellipsoid used, and the names or numbers of the found record control stations used and their source [of data used to control the survey, the record positions for found monuments for which new positions were determined and the precision of the survey].

[(h)] (i) The scale of drawing and North Arrow if a map or diagram is included.

[(i)] (j) The seal and original signature of the surveyor.

(k) For geodetic control, a statement regarding the network accuracy and local accuracy of the survey, categorized by horizontal position, ellipsoidal height and orthometric height, relative to the National Spatial Reference System. The statement shall include the accuracy classification at the 95 percent confidence level for both network and local classifications in accordance with Standards for Geodetic Control Networks, Part 2 of the federal Geospatial Positioning Accuracy Standards (FGDC 1998) for the newly established points.

(7) The county surveyor shall file and index reports that comply with subsections (5) and (6) of this section within 30 days of determining compliance.

(8) Any monument set by a registered professional land surveyor to mark or reference a point on a property or land line or to mark or reference a geodetic control survey point shall be durably and visibly marked or tagged with the registered business name or the letters "L.S." followed by the registration number of the surveyor in charge or, if the monument is set by a public officer, it shall be marked with the official title of the office.

(9) If, in the performance of a survey, any registered professional land surveyor finds or makes any changes in any public land survey corner or their accessories as they are described in an existing corner record or survey map in the office of the county surveyor, the surveyor shall complete and submit to the county surveyor a record of the changes found or made to any corner or accessories to the corner. The record shall be submitted within 45 days of the corner visits, and shall include the surveyor's seal and original signature, business name and address, and be on stable base reproducible material in the form required by the county surveyor.

(10) The signature and stamp of a registered professional land surveyor on any permanent survey map or plat constitutes certification that the map or plat complies with all applicable provisions of this chapter.

(11) Any registered professional land surveyor failing to comply with the provisions of subsections (1) to (9) of this section, ORS 92.050 to 92.080 or any county ordinance establishing standards for surveys or plats shall be subject to disciplinary action by the State Board of Examiners for Engineering and Land Surveying.

(12) Any federal or state agency, board or commission, special district or municipal corporation making a survey of lands within this state shall comply with this section.

Approved by the Governor August 20, 1999

Filed in the office of the Secretary of State August 23, 1999

Effective date October 23, 1999

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