Proposed Amendment to 21 NCAC 56.1602 Surveying Procedures

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X Notice with a scheduled hearing _ Notice without a scheduled hearing _ Republication of text. Complete the following cite for the volume and issue of previous publication, as well as

blocks 1 - 4 and 7 - 14. If a hearing is scheduled, complete block 5. Previous publication of text was published in Volume: Issue:

OAH USE ONLY5. Is a public hearing planned? Yes NOTICE OF TEXT If yes: VOLUME: 3. Proposed Action -- Check the appropriate box(es) and list rule citation(s) beside proposed action:6. If no public hearing is scheduled, provide instructions on how to demand a public hearing: [Authority G.S. 150B-21.2(c)]X AMENDMENT: 21 NCAC 56 .1602_ REPEAL: _ READOPTION with substantive changes: _ READOPTION without substantive changes: _ REPEAL through READOPTION: _ ADOPTION: ISSUE:

1. Link to agency website pursuant to G.S. 150B-19.1(c): https://www.ncbels.org1. Rule-Making Agency: Board of Examiners for Engineers and Surveyors
   Filed Oct 30, 2025 Office of Administrative Hearings4. Proposed effective date: 04/01/202601/14/2026 9:00 AM Board Office, 4601 Six Forks Rd., Ste. 310, Raleigh, NC 27609TimeDateLocation Notice of Text 0300 - 05/2019

2. Explain Reason For Proposed Rule(s):
   The Board intends to amend 21 NCAC 56 .1602 to clarify in which documents a surveyor must include the method of area computation.

3. Rule-making Coordinator: 13. The Agency formally proposed the text of
   this rule(s) on8. Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the Name: S. Wesley Tripp IIIrule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives 9. The person to whom written comments may be submitted on the proposed rule(s):Date: 10/29/2025 919-791-2000written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the wtripp@ncbels.orglegislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Agency contact, if any: Commission will receive those objections by mail, delivery service, hand delivery, or email. If you have any further questions 11. Fiscal impact. Does any rule or combination of rules in this notice create an economic impact? Check all that apply.concerning the submission of objections to the Commission, please call a Commission staff attorney at 984-236-1850.Name: Phone: Rule(s) is automatically subject to legislative review. Cite statutory reference: Address:4601 Six Forks Rd., Ste. 310Email:10. Comment Period Ends: 01/30/2026 No fiscal note requiredName:S. Wesley Tripp IIIRaleigh, NC 27603Phone (optional):919-791-2000 Ext. 111Fax (optional):EMail (optional)wtripp@ncbels.org Notice of Text 0300 - 05/2019

1 21 NCAC 56 .1602 is proposed for amendment as follows: 2 3 21 NCAC 56 .1602 SURVEYING PROCEDURES 4 (a) A Professional Land Surveyor shall spend the necessary time and effort to make investigation to determine if there 5 are encroachments, gaps, lappages, or other irregularities along each line surveyed. Points may be placed on the line 6 from closed or verified traverses and the necessary investigations made from these points. If these investigations are 7 not made, then the surveyor shall not certify to an actual survey of that line and the plat shall contain the appropriate 8 qualifications in accordance with the rules in this Section. 9 (b) Any and all visible or determined encroachments or easements on the property being surveyed shall be accurately 10 located and indicated. 11 (c) With respect to investigation of property boundaries and recorded easements, the surveyor shall examine the most 12 recent deeds and recorded plats adjacent to the subject property as well as all deeds and plats recorded after the date 13 of the deed or plat upon which the survey is being based (the survey reference deed or plat). 14 (d) Except as provided in Paragraph (e) of the Rule, metal stakes or materials of comparable permanence shall be 15 placed at all corners of the property. 16 (e) Where a corner falls in a right-of-way, tree, stream, or on a fence post, boulder, stone, or similar object, one or 17 more monuments or metal stakes shall be placed in the boundary so that the inaccessible point may be located 18 accurately on the ground and the map. 19 (f) The results of a survey shall be provided to the user of that survey as either a map or a report of survey. The results 20 may be presented in written or graphic form. In either case, the survey shall be factual and understandable to the 21 anticipated user of the map or report. All reference sources shall be identified. Artificial monuments called for in such 22 reports shall be described as having been found in place or set by the surveyor. When no monument is found or set 23 for points described in Paragraph (e) of this Rule, that fact shall be noted. 24 (g) Tie lines and grid control defined. Where the results of a survey are reported in the form of a plat or a written 25 description, one or more corners shall, by a system of azimuths or courses and distances, be accurately tied to and 26 coordinated with a horizontal control monument of some United States or State Agency survey system, such as the 27 North Carolina Geodetic Survey, where such monument is within 2000 feet of the subject property, right-of-way, 28 easement or other surveyed entity (i.e., "grid control"). Where the North Carolina grid system coordinates of said 29 monument are on file in the Department of Public Safety, Emergency Management, Geodetic Survey office, the 30 coordinates of both the referenced corner or point and the monument(s) shall be shown in X (easting) and Y (northing) 31 coordinates on the plat or in the written description or document. The coordinates shall be identified as based on "NAD 32 83," indicating North American Datum of 1983 or as "NAD 27," indicating North American Datum of 1927. The 33 datums of the National Geodetic Survey (NGS) are incorporated by reference including subsequent amendments and 34 editions, and may be accessed free of charge at www.ngs.noaa.gov. The tie lines to the monuments shall be sufficient 35 to establish true north or grid north bearings for the plat or description if the monuments exist in pairs. Control 36 monuments within a previously recorded subdivision may be used in lieu of grid control. In the interest of bearing 37 consistency with previously recorded plats, existing bearing control may be used where practical. In the absence of

1 grid control, other natural or artificial monuments or landmarks shall be used. In all cases, the tie lines shall be 2 sufficient to accurately reproduce the subject lands from the control or reference points used. 3 (h) Whenever area is computed and included on a plat, written description, or other document, the surveyor shall state 4 on the plat, description, or document the method of computation shall be stated on the plat. used to compute the area. 5 Area computations by estimation, by planimeter, by scale, or by copying from another source are not acceptable 6 methods, except in the case of tracts containing inaccessible areas. 7 8 History Note: Authority G.S. 89C-10; 89C-20; 9 Eff. July 1, 1989; 10 Amended Eff. August 1, 2014; August 1, 2012 (see S.L. 2012-143, s.1.(f)); September 1, 2011; May 11 1, 2009; August 1, 2000; August 1, 1998; February 1, 1996; 12 Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 13 2019; 14 Amended Eff. April 1, 2026; August 1, 2025. 15