4 Colo. Code Regs. § 730-1.6

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 730-1.6 - Rules of Professional Land Surveying Practice

A. Sealing Requirements for Professional Land Surveyors

1.Seal Specifications. Pursuant to section 12-120-316(1), C.R.S., the seal authorized by the State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors for licensees is of the crimp type, rubber stamp type, and/or computer generated type. The seal shall be of a design and size shown below. The diameter of the outer circle shall be nominally 1 5/8 inches (41 mm) and the diameter of the inner circle shall be nominally 15/16 inches (24 mm). The license number assigned shall be centered in the inner area of the seal in the space occupied by the word "NUMBER" and the size of the numbers shall be the same size of the letters in the word "NUMBER". The word "NUMBER" should not appear on the seal. Seals obtained prior to July 1, 2005 shall be deemed acceptable.

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2. Seal Application. Pursuant to section 12-120-316, C.R.S., the professional land surveyor's manual or electronic seal must be applied to either the final reproducible, the final reproduction, or the final electronic record document of any of the following being delivered to the public:

a. Each sheet of documents and plats resulting from the practice of land surveying,

or,

1) An electronic seal on the cover page(s) of documents and plats.

(a) The cover page(s) shall contain the identical sheet border, title block and project title as the remaining pages of the set of drawings.

When opting to seal only the cover page(s) of documents and plats, a notation shall be included in the title block of every page noting that all seals for the documents or plats are applied to the cover page(s).

(b) Each sheet of documents and plats shall be numbered, including the cover page(s).

(c) Electronic seals affixed to the cover page(s) of documents and plats must adhere to all requirements of Board Rules, including a statement of the scope of work and, if relevant, page numbers associated with the scope.

(d) If electronically sealing on the cover page(s), Signature Dynamic Technology shall be used.

b. The title page(s) or signature page(s) of surveying reports.

3. Signature and Date Required. The manual or electronic signature of the licensee and date of signature shall be affixed to the document. The signature of the licensee and date of signature shall appear through the seal.

a. Repealed.

4. Sealing Documents That Are Not Final. When a licensee seals surveying documents that are not final, the status of the surveying documents must be identified as preliminary. Further qualifying descriptors may be added, e.g. "for review."

5. Limiting Scope of Responsibility. To limit a Professional Land Surveyor's scope of responsibility on a document, the licensee shall include a written statement or certification that defines the surveying services performed under his or her responsible charge.

All aspects of the Professional Land Surveyor's work shown on that document shall be sealed, signed, and dated by the licensee in responsible charge.

6. Reserved.

7.Retaining Land Surveying Documents. The sealed, signed, and dated reproducible, or a copy of all documents displaying the licensee's seal, signature, and date, shall be retained and made available by the licensee or the licensee's employer for a minimum time period not less than the applicable statute or repose, pursuant to section 13-80-105, C.R.S.

B.Land Surveyor's Certification

1.Circumstances and Applicable Actions. When a professional land surveyor is presented with a certification to be signed and/or sealed, the professional land surveyor should carefully evaluate that certification to determine if any of the following circumstances apply:

a. Matters that are beyond the professional land surveyor's competence, training, or education.

b. Matters that are beyond the professional land surveyor's services actually provided.

c. Matters that were not prepared under the professional land surveyor's responsible charge.

If any of these circumstances apply, that professional land surveyor shall take either of the following actions:

(1) Shall modify such certification to limit its scope to those matters that the professional land surveyor can properly sign and/or seal.

(2) Shall decline to sign such certification.

2.Certification Defined. Certification shall include the following:

a. Is signed and/or sealed by a professional land surveyor representing that the surveying services addressed therein have been performed by the professional land surveyor or under the professional land surveyor in responsible charge.

b. Is based upon the professional land surveyor's knowledge, information and belief.

c. Is in accordance with applicable standards of practice.

d. Is not a guaranty or warranty, either expressed or implied.

3.Grading and Drainage Certificates. Professional land surveyors responsible for the surveying of property for the purpose of certifying existing grading and/or drainage conditions are responsible for deciding the extent and magnitude of the survey effort needed to provide the certification.

When Professional Land Surveyors prepare an existing grading and/or drainage certification, it shall be limited to existing conditions of land parcels and must not contain statements of engineering design, evaluation, or analysis.

C.Reserved.

D. Physical Standards for Public Land Survey System Monuments

1.Physical Standards for Establishing New Monuments or Upgrading Existing Monuments

a.Requirements for Monumenting. Whenever a professional land surveyor monuments any section corner, quarter section corner, one-sixteenth section corner, General Land Office/Bureau of Land Management (government) lot corner, or any corner established by a Public Land Survey Monument (PLSM), as defined in section 38-53-103(18), C.R.S., the corner shall be monumented with a metallic pipe or rod possessing a magnetic field and having a minimum outside diameter of 3/4 inch, a minimum length of 30 inches, and a two-inch minimum diameter durable metallic cap.

b.When an Existing Monument Must Be Upgraded. Whenever a professional land surveyor uses as a control corner, as defined in section 38-53-103(6), C.R.S., any existing monument that represents any of the corners described in Board Rule 1.6 and said existing monument is smaller than 5/8 inch diameter, the monument must be upgraded to the monument size described in Board Rule 1.6(D)(1)(a).

2.Exceptions to the Physical Standards for Establishing New Monuments or Upgrading Existing Monuments

a.Original Monuments That Do Not Have to be Upgraded. If the PLSM still exists in its originally set location and said monument is readily identifiable and reasonably durable, it does not have to be upgraded.

b.Existing Monuments That Do Not Have to be Upgraded. Existing monuments having a minimum outside diameter of 5/8 inch do not have to be verified as to length or upgraded so long as they are readily identifiable and reasonably durable.

c.Existing Monuments That Must be Upgraded. A properly stamped, two-inch minimum diameter, durable metallic cap must be attached if the found monument has any of the following qualities:

(1) The monument has no cap.

(2) The monument has a cap other than a durable metallic cap.

(3) The monument has a cap with a diameter less than 1 1/2 inches.

d.Monumenting in Rock Outcroppings, Concrete and Concrete Posts. A durable metallic disk not less than two inches in diameter, on a stem not less than three inches long, is suitable for placing in rock outcroppings, concrete, and for embedding in concrete posts (monuments).

e.Monumenting in Adverse Terrain. In the event corners described in Board Rule 1.6 cannot practically be set because of steep terrain, water, marsh, or existing structures, or if they would be lost as a result of a proposed street, road, or other construction, one or more reference monuments shall be set. The reference monuments shall be set according to sections 38-51-104(3)(b)(I), 38-51-104(3)(b)(II), 38-51-104(3)(c) and 38-51-104(3)(d), C.R.S.

3.Physical Standards for Cap Markings. All caps shall be marked as set forth in the "United States Department of the Interior, 2009 Manual of Surveying Instructions: For the Survey of the Public Lands of the United States" and shall conform with section 38-51-104, C.R.S. Incorporation of this material does not include any later amendments or editions. A copy of the "United States Department of the Interior, 2009 Manual of Surveying Instructions: For the Survey of the Public Lands of the United States" and applicable supplements, is available for public inspection. For information regarding how this material can be obtained or examined, contact the Board's program director, at the Department of Regulatory Agencies, Welcome Center, 1560 Broadway, Civic Center Plaza, Denver, Colorado, 80202. This material is also available from the U.S. Department of the Interior, Bureau of Land Management, at www.blmsurveymanual.org or NSPS at www.nsps.us.com.

E.Standards for Land Surveys

1.Definition of a Land Survey. A land survey as defined in sections 38-51-102(11) and 38-53-103(11), C.R.S., includes, but is not limited to, one or more of the following:

a. The establishment of boundaries or the restoration or rehabilitation of any monument marking a corner that controls the location of real property.

b. The location on the ground of any encumbrance affecting the rights or enjoyment of real property.

c. The determination of the position of any monument, reference point, or any other mark, when such monument or mark controls the location of boundaries or rights of ownership in or use of real property.

d. The preparation of maps, plats, descriptions, or any other document for the purpose of preserving the location or conveyance of any and all rights in real property and the subdivision thereof.

e. The measurements and computations made to determine the size, shape, or area of parcels for the purpose of marking on the ground, or the conveyance of, any or all rights of ownership in real property.

f. All other applicable services that are defined in the section 12-120-302(5)(a), C.R.S.

g.Distinction from Improvement Location Certificates. Improvement Location Certificates are not property boundary surveys. Standards for Improvement Location Certificates are contained in Board Rule 1.6(F)

2.Responsibility to Research Records. The licensed professional land surveyor shall conduct or be responsible for conducting such research activities that are needed to properly define the property boundary relative to instruments of record and show all visible evidence that may affect ownership and property rights. This may include record research at the County Clerk and Recorder's Office, the Colorado Department of Highways, the State Office of the Bureau of Land Management, the County Surveyor's Office, an abstracter's office, and any other appropriate local offices; as well as field research of physical features and monuments and any other features significant in the locality. Instruments of record may be obtained from an abstract, title commitment, or title policy.

3.Procedural Techniques

a.Professional Land Surveyor Responsibility. The licensed professional land surveyor shall, under his personal direction, cause a survey to be executed, connecting all available monuments necessary for the boundary location as well as physical and parol evidence and coordinate the facts of such survey.

b.Surveys Shall Reference Corners. Surveys based on the United States Public Land Survey System shall be referenced to original or properly restored corners. The "United States Department of the Interior, 2009 Manual of Surveying Instructions: For the Survey of the Public Lands of the United States" shall be used as a guide for the restoration of lost or obliterated corners and subdivision of sections into aliquot parts. Residential subdivision layouts shall conform to local subdivision ordinances (standards and regulations). Lot surveys within such subdivisions shall be referenced to existing corner monuments within the subdivision as necessary to verify the survey.

A copy of the "United States Department of the Interior, 2009 Manual of Surveying Instructions: For the Survey of the Public Lands of the United States" is available for public inspection. Incorporation of this material does not include any later amendments or editions. For information regarding how this material can be obtained or examined, contact the Board's program director, at the Department of Regulatory Agencies, Welcome Center, 1560 Broadway, Civic Center Plaza, Denver, Colorado, 80202. This material is also available from the U.S. Department of the Interior, Bureau of Land Management, at www.blmsurveymanual.org or NSPS at www.nsps.us.com.

4.Monuments Shall Conform to Statutes. The professional land surveyor will assure that the monuments established or re-established conform both in location and physical character with the specifications called for in section 38-51-104, C.R.S. Each found monument verified in location shall be restored or rehabilitated as necessary so as to leave it readily identifiable and reasonably durable. Physical standards for Public Land Survey System monuments can be found in Board Rule 1.6(D).

a.Documenting New and Existing Monuments. If a monument is set, as a result of a land survey, that represents the same corner or control corner of an existing monument, the professional land surveyor setting the new monument shall, on the resulting land survey plat, make note of the reason the professional land surveyor did not accept the existing monument.

b.Monumentation of Natural Water Boundaries. A stream, creek, river, or shoreline is itself a natural monument. The surveyor must conduct research to determine if the stream, or any part thereof, is the intended boundary line. The acceptance of the stream, creek, river, or shoreline as a natural monument complies with section 38-51-104(1)(a), and Section 38-51-105(1)(a), C.R.S. Where a riparian boundary is described as the thread of a non-navigable stream or to some water boundary, no further artificial monumentation is required.

5.Plat Deposit Requirements

a.Plats to be Deposited. All plats required to be prepared pursuant to section 38-51-107, C.R.S., shall be deposited with the county in which said survey was performed and a copy of the plat shall be delivered to the client. In addition to the requirements set forth in section 38-51-107, C.R.S., a plat must also be prepared and deposited for any monument found substantially at variance (according to Board Rule 1.6), with dimensions shown on deposited or filed plats or if the monument results in conflicting boundary evidence which has not previously been shown on a plat deposited or filed in accordance with section 38-51-107(1), C.R.S. Said plat shall comply with all applicable provisions of sections 38-51-107 and 38-50-101 C.R.S.

b.Documents Other Than Plats or Improvement Location Certificates Require Statement. If under the terms of a contract or by client agreement, a professional land surveyor performs work other than that which specifically calls for a land survey plat, improvement survey plat, or Improvement Location Certificate ("ILC"), the professional land surveyor must provide a written explanation on the document of the nature and purpose of the document being supplied to the client. Any such explanatory statement shall be provided solely for the purpose of clarifying the nature and purpose of the client's document and shall not be a means by which the professional land surveyor may avoid professional responsibilities as established by Colorado law and the generally accepted standards of the practice of land surveying.

6.Precision and Accuracy Standards. The professional land surveyor shall use his/her professional expertise and judgment to determine the precision and accuracy required for a given project. The precision and accuracy standards shall meet or exceed the minimum standard of care established by the profession in Colorado.

F.Minimum Standards for Improvement Location Certificates

1.Field Procedures. Professional notes shall be taken on all Improvement Location Certificates ("ILCs") and kept as part of the surveyor's permanent record. A diligent search for existing control shall be made by field crews and the highest order of control available shall be used. The professional land surveyor must use such control as is necessary to accurately locate all lines, structures, and topographic features shown on the ILC.

2.Drafting. A sketch or diagram of the parcel shall be used in support of the certificate required by section 38-51-108, C.R.S., and the following standards shall be used:

a. Deed lines with the boundary dimensions from the deed description or plat shall be shown.

b. Major improvements (permanent structures) shall be shown with dimensions and descriptions (e.g. residences, garages, in-ground pools).

c. Repealed.

d. Minor improvement locations shall be shown graphically (e.g. out buildings with foundations, concrete walks, drives).

e. Plat and apparent easements shall be shown.

f. The posted address shall be shown; if not posted, so state.

g. The legal description shall be shown, and the source shall be stated.

h. A north arrow and statement of scale shall be shown.

i. Apparent encroachments shall be noted and shown in an obvious manner. When the level of certainty of dimensions to possible encroachments are not precise enough for a positive determination, a boundary survey shall be recommended.

j. State specifically or graphically show evidence used to determine the apparent deed lines.

k. State source of where record easement information was obtained and graphically show on the improvement location certificate sketch. If information was obtained from a title company, state which title company and the commitment number.

3.Research, Documentation and Information. The surveyor shall perform adequate research, maintain adequate documentation in his/her records, and provide the field crews with adequate information to determine the property dimensions in the field.

G.Boundary Control Portions of Geographic Information Systems.

As used in section 12-120-302(5)(a)(VI), C.R.S., boundary control portions of Geographic Information Systems ("GIS") and Land Information Systems ("LIS") means any professional land surveying activity representing Public Land Survey System (PLSS) corners or other land boundary corners or monuments as defined in sections 38-51-102(2), (6), (6.3), (12.3) and (18), C.R.S., and must be performed in accordance with Title 12, Article 120, C.R.S., and generally accepted standards of land surveying.

1.GIS Land Positions Not Included in Definition of Professional Land Surveying.

Boundary control portions of Geographic Information Systems and Land Information Systems does not include GIS Land Positions as defined in section 38-51-102 (7.5), C.R.S.

The establishment of a GIS Land Position, as that term is defined in section 38-51-102 (7.5), C.R.S., does not constitute the preparation of boundary control portions of Geographic Information Systems and Land Information Systems so long as the GIS Land Position is not:

a. A newly set object or physical structure that could be confused with a monument, as that term is defined in section 38-51-102 (12.3) and (18), 38-51-104 and 38-51-105, C.R.S.

b. Represented at any time to be an "aliquot corner," "control corner," "corner," or a position within a "land survey."

H.Basis of Bearing Statements.

Section 38-51-106(1)(e), C.R.S., requires professional land surveyors to include an explanatory statement concerning the basis of bearings, if used, on their land survey plats.

1.Purpose. The purpose of a basis of bearing statement on a land survey plat is to enable other surveyors to retrace all or part of that survey. Any basis of bearing statement that does not facilitate a retracement is inadequate.

2.Composition. The basis of bearing statement shall state the method used to derive the bearing (i.e., assumed, astronomic, geodetic, grid, reference to recorded or deposited survey, etc.) and the bearing between fully described monuments (i.e., monument material, diameter, length (if set), cap size and material, cap markings/stampings, etc.) at each end of a single line. When the monuments at each end of the reference line are fully described on the plat, they need only be referenced in the "Basis of Bearings" statement. A land survey plat shall show the graphic and mathematical relationship between the basis of bearing and the survey.

3.Methods. When bearings are used, there are four generally accepted methods of stating a basis of bearing on a land survey plat: "astronomic or geodetic," "reference to recorded or deposited survey plat," "grid," and "assumed." Examples of the basis of bearing statement are as follows, but are not limited to:

a.Astronomic or Geodetic. This is normally an observation of the Sun or Polaris or Global Positioning System (GPS) observations. Examples are as follows:

(1)Astronomic Example - "Bearings determined by Polaris observations while occupying the Southwest Corner of Section 8. The astronomic bearing from the Southwest Corner of Section 8 to the West One-Quarter Corner of Section 8 is N00°10'45" W. The monuments are fully described on the plat."

(2)Geodetic Example - "The basis of bearing is a geodetic bearing of Line 1-2 of the Mother Lode claim (monuments fully described hereon) as determined by static GPS observations collected simultaneously at both corners. The geodetic bearing from Corner No. 1 to Corner No. 2 is S01°00'54" E."

b.Reference to Recorded or Deposited Survey Plat. This usually involves a subdivision plat, a land survey plat or Bureau of Land Management/Government Land Office plat. Examples are as follows:

(1) "Bearings based on west line of Lot 7, Block 10, Sunshine Subdivision, Filing 2, Book 13, Page 69, County of Douglas (N 04° 10' 30" E); southwesterly corner is No. 5 rebar with a 1" diameter aluminum cap stamped RLS 0001; northwesterly corner is 2" diameter brass cap in concrete marked with punch mark and L.S. 1980."

(2) "Bearings based on north line of deposited land survey plat of Jackson Parcel (Map Book 17, Plat 4, La Plata County) as N 00° 10' 12" E. Both ends of said line are found No. 4 rebars in mounds of stone."

(3) "Bearings are based on the G.L.O. Dependent Resurvey of T. 5 S., R. 75 W. of the 6TH PM, dated June 30, 1909, record of N 89 ° 30' E along the north line of the NW 1/4 of Section 8 (monuments described on plat)."

c.Grid. An example is, "All bearings are grid bearings of the Colorado State Plane Coordinate System, Central Zone, North American Datum 1983. The bearing of the line between triangulation stations "Double" (a USC&GS standard disk cemented in a boulder that is 10 inches above ground) and "Black" (a NGS standard disk cemented in a drill hole in outcropping bedrock) is "S 57° 51' 07" W."

d.Assumed. An example is, "Bearings are based on the assumption that the east line of the Southwest 1/4 of Section 17, bears N 00°00'00" E. South 1/4 corner is B.L.M. brass cap on 2 1/2" diameter pipe, Center 1/4 corner is a 3 1/4" aluminum cap on a 1 1/4" diameter axle on west side of 8" x 8" fence post."

e.Unacceptable Statements. Following are examples of two unacceptable statements:

(1) "Basis of bearings from plat of adjoining Sunrise Knolls."

This is unacceptable because monuments are not described nor is the basis of bearing line identified.

(2) "Bearings based on north line of NW 1/4, Section 10 as being N 89° 30' E."

This is unacceptable because monuments are not described.

I.Subdivision Plats

1.Interpretation of Term "within a platted subdivision." The Board interprets the language of section 38-51-107(2), C.R.S., "within a platted subdivision" to mean within the interior and along the exterior of the perimeter of the subdivision.

J.Depiction of Easements and Rights-of-Way on Subdivision Plats.

The purpose of this Rule is to provide clarification regarding the requirements of section 38-51-106(1)(b), C.R.S., as it pertains to "platted subdivisions." The generally accepted standard of practice with respect to the preparation of land survey plats for platted subdivisions is to depict on all such plats all recorded and apparent rights-of-way and easements, regardless of clients' wishes.

K.Required Monumentation for Land Survey Plats.

The Board recognizes the ambiguities that exist in statutes 38-51-102 through 38-51-107 pertaining to land survey plats [38-51-102(12)], monumented land surveys [38-51-102(13)], and monumentation of land surveys [38-51-104(1)(a)]. The purpose of this Rule is to clarify when the complete monumentation of a land survey or monumented land survey is required.

1. Monumented land survey [38-51-102(13)]. For the words, " to mark the boundariesof a specified parcel of land" [emphasis added], the Board interprets the word "boundaries" as plural and the words "specified parcel" to mean that all corners of the parcel must be found or set.

2. Monumentation of land surveys [38-51-104(1) (a)]. For the words, "any line points or reference points which are set to perpetuate the location of any land boundary" [emphasis added], the Board interprets the words "any" and "boundary" to be singular and thus not requiring all corners of the boundary of a parcel to be set. The surveyor may set only the corners marking the line, or lines, of the boundary requested by the client and any resultant drawing would be labeled a Land Survey Plat, and shall be deposited if required by section 38-51-107, C.R.S.

L.Monumentation of ALTA/NSPS Land Title Surveys.

It is the Board's interpretation that the Minimum Standard Detail requirements for ALTA/NSPS Land Title Surveys cannot be met without all monuments being found or set, even if item 1 of Table A Optional Survey Responsibilities and Specification is not requested. The ALTA/NSPS Land Title Survey is considered by the Board to be a monumented land survey and a land survey plat shall be deposited if required by section 38-51-107, C.R.S.

M.Description of Monuments.

Section 38-51-106(1)(f), C.R.S., requires professional land surveyors to provide "a description of all monuments, both found or set, that mark the boundaries of the property and of all control monuments used in conducting a survey."

1.Purpose. The purpose of this statute is to identify the physical attributes of the monuments and caps set or found during the original survey and subsequent retracement surveys.

2.Acceptable description of monuments. Description of monuments found or set should include, but not be limited to the physical attributes and size of the monument, and the physical attributes and size of the cap. Examples would be:

a. Found 4" x 8" x 18" stone, projecting 12" above ground, scribed with one slash on the east face and five slashes on the west face.

b. Set #5 rebar, 24" long, with a 1.5" aluminum cap, stamped "A Survey Co. PLS 99999", projecting 0.2' above ground.

c. Found #4 rebar, with a 1" yellow plastic, marked "A Survey Co. PLS 99999", flush with ground.

3.Unacceptable description of monuments.

a. Set Pin & Cap.

b. Found stone appropriately marked.

c. Found rebar.

d. Fnd. #5 rebar, 24" long, with a 1.5" AC, stamped "A Survey Co. PLS 99999", projecting 0.2'above ground. This is unacceptable, unless the abbreviations are defined in a legend.

4 CCR 730-1.6

43 CR 14, July 25, 2020, effective 8/14/2020

43 CR 15, August 10, 2020, effective 8/30/2020

44 CR 19, October 10, 2021, effective 10/30/2021

45 CR 21, November 10, 2022, effective 11/30/2022