Title 201 | Chapter 018 | Regulation 150REG
PROPOSED
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BOARDS AND COMMISSIONS
Kentucky State Board of Licensure for Professional Engineers and Land Surveyors
(Amendment)
201 KAR 18:150.Standards of practice for professional land surveyors.
Section 1.
Definitions.(1)
"Boundary" means the perimeter of a parcel or tract of land.(2)
"Boundary survey" means a survey to:(a)
Determine either the entire perimeter of a parcel or tract of land, or a portion of the perimeter of a parcel or tract of land;(b)
Establish or reestablish a parcel or tract of land's corner(s) or monument(s); or(c)
Divide or consolidate the parcels or tracts of land surveyed.(3)
"Completion Date of Survey" means the last date when all the monuments were either found or set for the boundary(4)
"Corner" means a point that designates a change in the direction of the boundary.(5)
"Field work" means that work performed by a land surveyor on the ground in connection with the parcel or tract being surveyed.(6)
"GIS" means Geographic Information System and is any system that captures, stores, analyzes, manages, and presents data that are linked to a land location and is the merging of cartography and database technology.(7)
"GNSS" means Global Navigation Satellite Systems. The standard(8)
"GPS" means the United States NAVSTAR Global Positioning System, a space-based global navigation satellite system(9)
"Meander point" means a survey point(10)
"Monument" means an artificial, manmade or natural object that is used as, or presumed to occupy, any of the following locations:(a)
A boundary(b)
A point on the boundary; or(c)
A reference point.(11)
"Plat" means any representational drawing created by a land surveyor reflecting work falling within the definition of land surveying.(12)
"Plat of survey" means a finished drawing of a completed survey of a parcel or tract of land, used to depict the final results of a boundary survey(13)
"Point on Line" means a point on a boundary line other than a corner.(14)
"Reference monument" means a monument:(a)
That does not occupy the same defined position as a boundary(b)
That is to be set on line unless physically impractical; and(c)(b)
Whose relationship to the corner of the boundary(15)
"Relative Positional Accuracy" means the value expressed in feet that represents the uncertainty due to random errors in measurements in the location of any point on a survey relative to any other point on the same survey at the 95 percent confidence level.(16)
"Retracement survey" means a boundary survey of an existing parcel or tract of land.(17)
"Survey description" means a metes and bounds description of a survey of a parcel or tract of land.Section 2.
Application.(1)
Boundary surveys. The standards of practice established in Sections 1 through 12 of this administrative regulation:(a)
Shall apply to the work product related to:1.
Boundary surveys used for the purpose of creating, depicting, or locating interests in land;2.
Partial surveys;3.
Boundary surveys of leases; and4.
Survey(b)
Shall be the minimum standards of practice for a professional land surveyor; and(c)
Shall not limit the establishment of more stringent standards of practice for a professional land surveyor by:1.
An agency;2.
An owner;3.
A contract; or4.
The professional land surveyor.(d)
Shall not apply to surveys to determine or define political areas including historical, school, fire, voting, utility or magisterial districts, municipal or county limits, or governmental permit limits.(2)
Land surveying work other than boundary surveys. The standards of practice established in Sections 1, 2, 3, and 13 of this administrative regulation:(a)
Shall apply to the work of the professional land surveyor falling within the definition of land surveying, but not falling within the definition of a boundary survey;(b)
Shall be the minimum standards of practice for a professional land surveyor for that work; and(c)
Shall not limit the establishment of more stringent standards of practice for a professional land surveyor by:1.
An agency;2.
An owner;3.
A contract; or4.
The professional land surveyor.Section 3.
Compliance.(1)
Failure to comply with this administrative regulation shall constitute misconduct, gross negligence, incompetence, or a combination of these violations in the practice of professional land surveying.(2)
A professional land surveyor shall not represent that:(a)
A boundary survey determines land ownership; or(b)
A boundary survey provides more than evidence of rights in land; or(c)
Land ownership can be established by any survey.Section 4.
Actual Boundary Survey.(1)
The marks and monuments on the ground as found and verified, or as set by a professional land surveyor shall constitute the actual boundary survey.(2)
Any plat of survey shall accurately represent the actual boundary survey.(3)
Record research and field work required by the provisions of this administrative regulation:(a)
Shall be used by a professional land surveyor to determine the location of the boundary(b)
Shall not be used by a professional land surveyor to determine ownership or title.Section 5.
Record Research. In performing a boundary survey, a professional land surveyor shall conduct research to obtain and evaluate the following:(1)
The present and relevant historical record descriptions of:(a)
Each parcel to be surveyed;(b)
Each adjoining parcel; and(c)
Each adjoining right of way, both public and private.(2)
The description of the physical monument that represents each boundary(3)
All other relevant documents of record including deeds and prior plats and surveys;(4)
All other relevant public agency records including tax maps, GIS maps, and topographic maps; and(5)
Any other available data or documents pertinent to the boundary survey.Section 6.
Field Work. A professional land surveyor shall thoroughly:(1)
Search for the physical monuments that represent each boundary corner;(2)
Search for other physical monuments set out in the description of the parcel or tract of land being surveyed;(3)
Gather, analyze, and document evidence of occupation and physical evidence;(4)
Gather, analyze, and document relevant parol evidence; and(5)
Compare evidence discovered by field work, with that discovered by record research, to determine or reestablish the boundary of the tract or parcel of land being surveyed.Section 7.
Measurement Specifications.(1)
Every measurement made as a part of a boundary survey shall comply with the following:(a)
The standards for accuracy and precision established by the provisions of this section; or(b)
Standards for accuracy and precision that exceed the standards established by the provisions of this section but are:1.
Requested by the client;2.
Required by contract;3.
Required by the agency or entity to which the plat of survey is to be presented; or4.
Deemed desirable or necessary by the land surveyor.(2)
A professional land surveyor shall conduct measurements with instruments and equipment that are properly:(a)
Adjusted;(b)
Maintained; and(c)
Calibrated to meet the appropriate tolerance required for the classification of survey as specified in subsection (5) of this section.(3)
A boundary survey shall be conducted utilizing a method of measurement that achieves the appropriate minimum tolerance specified in subsection (5) of this section.(4)
A boundary survey for platting or describing a parcel or tract of land shall be classified as Urban or Rural.(a)
An Urban survey shall:1.
Consist of urban or suburban land; and2.
Include a parcel or tract of land lying within, or adjacent to:a.
A city or town limit;b.
A commercial business area;c.
An industrial area; ord.
A residential area that is outside a city or town limit and contains subdivided lots smaller than five (5.0) acres.(b)
A Rural survey shall apply to all land not classified as(5)
Table of Specifications by Class: Classification of Surveys.Urban | Rural | Remarks | |
Unadjusted Closure (Minimum) | 1:10,000 | 1:5,000 | Loop or Between Control Monuments |
Angular Closure (Maximum) | 15" N | 30" N | N = Number of Angles in Traverse |
Accuracy of Distances | +/-0.07 | +/-0.10'+200 PPM | 100PPM=1:10,000 |
Relative Positional Accuracy | +/-0.07 | +/-0.10'+200 PPM | Maximum Allowable at the 95% Confidence Level |
Section 8.
Global Navigation Satellite System(1)
It shall be acceptable practice to incorporate the use of survey grade GNSS(a)
A note stating what portion (or all) of the boundary survey was performed using GNSS(b)
(b)(c)
The type of GNSS(c)(d)
A note that discloses the actual precision of the GNSS(d)(e)
A statement identifying the horizontal datum, the vertical datum, and the Geoid model used; and(e)
Coordinates of at least one of a boundary corner to the accuracy of the boundary survey, unless stated otherwise, on the identified datum required by Section 8(1)(d) of this administrative regulation.(2)
The professional land surveyor shallSection 9.
Monumentation.(1)
Monumentation standards established in this section shall apply to all boundary surveys:(2)
Unless an adequate monument already exists at each boundary corner, a professional land surveyor shall set a monument or a reference monument at each corner of the boundary as provided in this section.(3)
A monument or reference monument set by a professional land surveyor shall conform to the following categories and shall meet the following criteria:(a)
"Typical and Preferred" - an iron rod, iron pipe, or iron pin that is:1.
Not less than one-half (1/2) inch in diameter and eighteen (18) inches in length;2.
Equivalent to, or greater than, schedule-forty (40) weight if pipe is utilized; and3.
Identified with a cap bearing the license number of the professional land surveyor under whose direct supervision the survey was performed, and which cap does not display any other professional land surveyor's license number.(b)
"Non-typical" - to be used only when it is not practical to set the monuments described in paragraph1.
Contains2.
Is identified with the license number of the professional land surveyor under whose direct supervision the survey was performed(c)
"Alternate" - to be used only when it is not practical to set the monuments described in paragraphs(4)
The location of a(a)
The corner is likely to be disturbed; or(b)
The corner is inaccessible.(5)
A reference monument shall be set on the boundary line(6)
A professional land surveyor shall set each monument in a manner to avoid or minimize the likelihood of its destruction.(7)
A professional land surveyor may use a tree as a monument under the following conditions:(a)
A tree(b)
A tree that a professional land surveyor establishes as a corner monument shall meet the following criteria:1.
Be at least ten (10) inches in diameter at breast height;2.
Be in sound condition;3.
Be marked in a conspicuous manner that is both physical and permanent; and4.
Be clearly described by size, species, and method of marking, on the plat and in the survey(c)
For a Rural survey for which trees(d)
For an Urban(8)
If(9)
(a)
Linear monuments may consist of a watercourse, ridge, road, or cliff, and:(a)(b)
1.
The point at which a boundary line intersects a linear monument shall be monumented or perpetuated by a reference monument(b)2.
A physical feature that represents a linear monument shall be monumented or perpetuated by a reference monument(10)
All monumentation shall be set prior to the time the plat of surveySection 10.
Documentation of Boundary Surveys.(1)
A plat of survey shall be required to be given to the client when the professional land surveyor(a)
Performs a boundary survey which divides or consolidates parcels or tracts of land(b)
Performs a retracement survey and determines the found monuments:1.
Do not match those depicted in the record survey description or plat; or2.
Do not meet the measurement specifications described in Section 7(5) of this administrative regulation.(c)
(2)
A professional land surveyor shall retain as permanent records the original plat of survey prepared by the land surveyor, or a copy thereof, and a copy of any new survey(3)
A professional land surveyor shall retain as permanent records the following items used to perform a boundary survey:(a)
Research documents including notations stating the source of each;(b)
Field and office notes;(c)
Digital(d)
Documents of calculation stating the:1.
Relative positional accuracy or closure as required by Section 7 of this administrative regulation;2.
Adjustment method; if any; and3.
4.
Determination of corners;(e)
(f)
All other pertinent information necessary to reproduce the boundary survey; and(f)(g)
All other pertinent information supporting the location of the boundary lines and corners of the boundary survey.(4)
Survey(a)
The general location of the land that was surveyed;(b)
The specific location of the land by1.
A durable and recognizable physical object or a properly identified primary control network; and2.
At least one boundary corner of the parent tract;(c)
(d)
The direction and length of each line, as follows:1.
Each bearing represented in degrees, minutes and seconds with each distance represented to the hundredths of a foot;2.
Any geometrically-curved line identified with a beginning point, terminus point, and sufficient curve data to define the curve; and3.
A description of each prominent terrain feature, if any, that the boundary follows or crosses;(d)(e)
A notation as to whether each monument was found or set;(e)(f)
The identification of each tree utilized as a(f)(g)
A complete description of each (g)(h)
A complete description of each 1.
It is sufficiently accurate and adequate for subsequent identification by another professional land surveyor; and2.
To the extent possible, the description shall include the monument's condition, dimensions, type of material, and the information contained on the identification cap or other identifier, or lack thereof(h)
The record source of the tract or parcel of land surveyed;(i)
The identity of each adjoiner, as appropriate, by:1.
The names and record sources; or2.
The names and record sources of each adjoining recorded subdivision plat and lot designation thereof;(j)
The name of each adjacent or abutting road, along with any record source, or lack thereof;(i)
(j)
(k)
The calculated area of the land surveyed stated to the nearest hundredth of an acre;(l)
A reference to the plat of survey for a depiction and location of any cemetery or grave site that is observable or evident during the performance of the field work or discovered from the required research;(m)
A reference to the plat of survey for a depiction and location of any apparent encroachment that is observable or evident during the performance of the field work or discovered from the required research;(n)
The reference meridian and whether its basis is:1.
Astronomic;2.
Grid;3.
Record, including the source of the record meridian;4.
State plane;5.
Magnetic, including the date and location of the observation; or6.
Geodetic;(o)
A statement as to whether the distance reported are grid or ground;(p)
Completion date of survey;(q)
Name, license number, and business address of the professional land surveyor who performed the survey and, if applicable, the name and address of the land surveying firm; and(r)
A dated signature and seal of the professional land surveyor under whose direct supervision the boundary survey was performed.(l)
(m)
(5)
Plat of survey. A plat of survey shall be drawn to scale(a)
The specific location of the land by reference of at least one (1) boundary corner to:1.
A durable and recognizable physical object or a properly identified primary control network; and2.
At least one boundary corner of the parent tract;(a)
(b)
The direction and length of each line as follows:1.
Each bearing represented in degrees, minutes, and seconds with each distance represented to the hundredths of a foot;2.
Any geometrically-curved line identified with a beginning point, terminus point, and sufficient curve data to define the curve; and3.
A depiction of each prominent terrain feature, if any, that the boundary follows or crosses;(b)
(c)
A notation as to whether each monument was found or set;(d)
The identification of each tree utilized as a corner monument by breast height diameter, species of tree, method of marking, and a notation as to whether the tree is a record monument or newly established monument;(e)(d)
A complete description of each set monument that marks or references a boundary corner to include, if appropriate, the monument's length, diameter, type of material, and the information contained on the identification(f)(e)
A complete description of each found monument that complies with the following:1.
It is sufficiently accurate and adequate for subsequent identification by another professional land surveyor; and2.
To the extent possible, the description shall include the monument's condition, dimensions, type of material, and the information contained on the identification(g)
The record source of each tract or parcel of land surveyed;(h)
The location or address of each tract or parcel of land surveyed;(i)
The identity of each adjoiner, as appropriate, by:1.
The names and record sources; or2.
The names and record sources of each adjoining recorded subdivision plat and lot designation thereof;(j)
The name of each adjacent or abutting road, along with any record source, or lack thereof;(k)
The calculated area of the land surveyed stated to the nearest hundredths of an acre;(l)
The location of any cemetery or grave site that is observable or evident during the performance of the field work or discovered from the required research;(m)
The location of any apparent encroachment that is observable or evident during the performance of the field work or discovered from the required research;(f)
1.
2.
3.
(g)
(h)
(i)
(j)
(n)(k)
The reference meridian and whether its basis is:1.
Astronomic2.
Grid;3.
Record, including the source of the record meridian;4.
State plane;5.
Magnetic, including the date and location of the observation; or(l)
6.
Geodetic;(o)
A vicinity map of sufficient detail to locate the parcel or tract of land being surveyed, unless the location of the parcel or tract of land is clearly shown by the plat itself;(p)
A written and graphic scale;(q)
Notes containing the following information:1.
Name and address of the client;2.
Name and address of the property owner of record;3.
A statement identifying the classification of the survey as Rural or Urban;4.
A statement, as appropriate, of:a.
The unadjusted error of closure for the traverse; andb.
The relative positional accuracy for a GNSS based survey;5.
A statement as to whether the directions and distances shown on the plat of survey are adjusted or unadjusted;6.
A statement as to whether the distances reported are grid or ground;7.
GNSS survey notes as required by Section 8(1) of this administrative regulation, if applicable; and8.
A statement that the plat of survey represents a boundary survey and complies with 201 KAR 18:150;(m)
1.
2.
(n)
(o)
(p)
(q)
(r)
(r)(s)
A title block containing the following:1.
Title of the survey2.
Completion date of survey3.
Name, license number, and business address of the professional land surveyor who performed the survey and, if applicable, the name and address of the surveying firm(s)
A dated signature and seal of the professional land surveyor under whose direct supervision the boundary survey was performed.4.
5.
(t)
1.
2.
Section 11.
Identification of Drawings and Plats.(1)
A plat of survey shall be signed, sealed, and dated by the professional land surveyor under whose direct supervision the survey was performed.(2)
Working drawings or unfinished plats of not yet completed boundary surveys shall be prominently marked or stamped in at least sixteen (16) point type (0.22 inches tall) or its equivalent, as follows: Preliminary - Not forSection 12.
Partial Boundary Surveys.(1)
In performing a boundary survey, a professional land surveyor shall not be required to survey the parent tract in its entirety in order to create a smaller tract for conveyance if the following conditions are met:(a)
Adequate evidence exists that conforms to the deeds of record;(b)
Sufficient monumentation exists that is verifiable to establish the lines common to the boundary of the parent tract; and(c)
There is sufficient evidence and monumentation to establish the lines common to the adjoining tracts without adversely affecting the property interests of any adjoining owners.(2)
In performing a boundary survey, a professional land surveyor is not required to survey the entire boundary of a tract of land in order to mark a boundary line or replace a boundary corner when the following conditions are met:(a)
Sufficient evidence is found and verified to establish the record location of that portion of the boundary being surveyed; and(b)
The marked boundary line or reestablished boundary corner does not adversely affect the property interests of any adjoining owners.(3)
A plat of survey for that part of the boundary surveyed pursuant to this section of this administrative regulation, shall be required to comply with this administrative regulation for the part of the boundary that was surveyed, and shall graphically delineate and designate that portion of the boundary covered by the survey.Section 13.
Plats, Drawings, and Graphic Representations of Non-Boundary Survey Work Mandatory Disclosures.(1)
Plats, drawings, and graphic representations created by a professional land surveyor, not representing either a plat of survey, or a preliminary plat, drawing, or graphic representation of a boundary survey, shall meet the following criteria:(a)
Be clearly marked as to the(b)
State affirmatively on the face of the document(c)
May be signed and sealed by the professional land surveyor under whose direct supervision the work represented by the plat, drawing, or graphic representation was performed or the document was prepared.(2)
A professional land surveyor shall state in a note or notes, on the face of any plat, drawing or graphical representation of any work product falling within the definition of land surveying but not constituting either a plat of survey, or a preliminary plat, drawing or graphic representation of a boundary survey, the following mandatory informational disclosures for the work product:(a)
For whom and by whom the work product was created;(b)
The purpose of the work product;(c)
The method employed to create the work product and its underlying values and specifications;(d)
The location of the parcel or tract of land with which the work product is concerned;(e)
The date or dates that the work was performed;(f)
The date of any certification of the work product by the licensee;(g)
The mathematical scale employed in any graphic representation of the work performed; and(h)
The degree of accuracyKYLE L. ELLIOTT, Executive Director
APPROVED BY AGENCY: January 30, 2026
FILED WITH LRC: April 10, 2026 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 23, 2026, at 2:00 p.m., Eastern Standard Time, at the Kentucky Engineering Center, 160 Democrat Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through June 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jake R. Miller, General Counsel, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, phone: (502) 573-2680, facsimile: (502) 573-6687, email: jake.miller@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jake R. Miller
Subject Headings:
Boards and Commissions, Engineers and Land Surveyors, Occupations and Professions, Surveying
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation adopts the appropriate standards of practice for professional land surveyors in the Commonwealth of Kentucky.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the minimum standards of practice for land surveying in the Commonwealth of Kentucky.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by adopting the appropriate standards of practice for land surveying in the Commonwealth of Kentucky.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by adopting the minimum standards of practice that must be met by those engaging in the practice of land surveying in the Commonwealth of Kentucky.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment will update this already existing administrative regulation to reflect changes in land surveying technology and methodology so as to update and modernize the administrative regulation. The amendment also makes minor grammatical corrections to enhance clarity of the regulation.
(b) The necessity of the amendment to this administrative regulation:
The amendment to this already existing administrative regulation is necessary to bring the regulation into conformity with current standards of practice for land surveying.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment to this already existing administrative regulation conforms to the authorizing statute, KRS 322.290(12), by adopting appropriate standards of practice for land surveying in the Commonwealth of Kentucky that are consistent with modern land surveying techniques. The amendment also conforms to the authorizing statute, KRS 322.290(4), because the authorizing statute gives the board authority to promulgate administrative regulations reasonably necessary for the performance of its duties.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this already existing administrative regulation will assist in the effective administration of the statutes by clearly establishing minimum standards, procedures, and requirements for those engaging in the practice of land surveying in the Commonwealth of Kentucky so as to clarify what is minimally expected of professional land surveyors.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
The amendment to this already existing administrative regulation does not implement legislation from the previous five years.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The amendment to this already existing administrative regulation will only affect individuals licensed as professional land surveyors in the Commonwealth of Kentucky, approximately 1,750 individuals. No businesses, organizations, or state and local governments are anticipated to be affected by the amendment to this administrative regulation.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
In order to comply with the amendment to this administrative regulation, individuals licensed as professional land surveyors in the Commonwealth of Kentucky will need to become familiar with any changes in the regulation to ensure their land surveying practice conforms with the current minimum standards of practice set forth in the administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There are no expected additional costs for individuals licensed as professional land surveyors in the Commonwealth of Kentucky in complying with the amendment to this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
As a result of complying with the amendment to this administrative regulation, individuals licensed as professional land surveyors in the Commonwealth of Kentucky will have the benefit of meeting the minimum standards of practice for land surveying and, as a result, engaging in the practice of land surveying in the Commonwealth of Kentucky in such a way so as to protect the public health, safety, and welfare of the citizens of the Commonwealth of Kentucky.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost.
(b) On a continuing basis:
No additional cost.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
No additional funds are needed for the implementation and enforcement of the amendment of this administrative regulation. However, to the extent any funds are needed for the implementation and enforcement of the amendment of this already existing administrative regulation, the funds would be from restricted agency funds. The Kentucky State Board of Licensure for Professional Engineers and Land Surveyors does not receive any general or federal funds.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding will not be necessary to implement the amendment to this already existing administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The amendment to this existing administrative regulation does not establish any fees. Nor does the amendment directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
(Explain why or why not) Tiering is not applied to the amendment of this already existing administrative regulation as the amendment applies equally to all licensed professional land surveyors.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
Kentucky Revised Statutes 322.290(4) and 322.290(12).
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by KRS 322.290(12).
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities (cities, counties, fire departments, school districts) are affected by the amendment of this already existing administrative regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
2. Revenues:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
3. Cost Savings:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Individuals licensed as professional land surveyors in the Commonwealth of Kentucky.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The amendment to this already existing administrative regulation will not have a fiscal impact on state or local government or regulated entities.
(b) Methodology and resources used to reach this conclusion:
Not applicable.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
The amendment to this already existing administrative regulation will not have a "major economic impact."
(b) The methodology and resources used to reach this conclusion:
Not applicable.
BOARDS AND COMMISSIONS
Kentucky State Board of Licensure for Professional Engineers and Land Surveyors
(Amendment)
201 KAR 18:150.Standards of practice for professional land surveyors.
Section 1.
Definitions.(1)
"Boundary" means the perimeter of a parcel or tract of land.(2)
"Boundary survey" means a survey to:(a)
Determine either the entire perimeter of a parcel or tract of land, or a portion of the perimeter of a parcel or tract of land;(b)
Establish or reestablish a parcel or tract of land's corner(s) or monument(s); or(c)
Divide or consolidate the parcels or tracts of land surveyed.(3)
"Completion Date of Survey" means the last date when all the monuments were either found or set for the boundary survey.(4)
"Corner" means a point that designates a change in the direction of the boundary.(5)
"Field work" means that work performed by a land surveyor on the ground in connection with the parcel or tract being surveyed.(6)
"GIS" means Geographic Information System and is any system that captures, stores, analyzes, manages, and presents data that are linked to a land location and is the merging of cartography and database technology.(7)
"GNSS" means Global Navigation Satellite Systems. The standard term for satellite navigation systems that provide autonomous geo-spatial positioning with global coverage.(8)
"GPS" means the United States NAVSTAR Global Positioning System, a space-based global navigation satellite system.(9)
"Meander point" means a survey point marking a change in direction along a linear feature such as a watercourse, ridge, road, or cliff.(10)
"Monument" means an artificial, manmade or natural object that is used as, or presumed to occupy, any of the following locations:(a)
A boundary corner;(b)
A point on the boundary; or(c)
A reference point.(11)
"Plat" means any representational drawing created by a land surveyor reflecting work falling within the definition of land surveying.(12)
"Plat of survey" means a finished drawing of a completed survey of a parcel or tract of land, used to depict the final results of a boundary survey.(13)
"Point on Line" means a point on a boundary line other than a corner.(14)
"Reference monument" means a monument:(a)
That does not occupy the same defined position as a boundary corner;(b)
That is to be set on line unless physically impractical; and(c)
Whose relationship to the corner of the boundary is established by bearing and distance to the actual corner.(15)
"Relative Positional Accuracy" means the value expressed in feet that represents the uncertainty due to random errors in measurements in the location of any point on a survey relative to any other point on the same survey at the 95 percent confidence level.(16)
"Retracement survey" means a boundary survey of an existing parcel or tract of land.(17)
"Survey description" means a metes and bounds description of a survey of a parcel or tract of land.Section 2.
Application.(1)
Boundary surveys. The standards of practice established in Sections 1 through 12 of this administrative regulation:(a)
Shall apply to the work product related to:1.
Boundary surveys used for the purpose of creating, depicting, or locating interests in land;2.
Partial surveys;3.
Boundary surveys of leases; and4.
Survey descriptions prepared by a professional land surveyor;(b)
Shall be the minimum standards of practice for a professional land surveyor; and(c)
Shall not limit the establishment of more stringent standards of practice for a professional land surveyor by:1.
An agency;2.
An owner;3.
A contract; or4.
The professional land surveyor.(d)
Shall not apply to surveys to determine or define political areas including historical, school, fire, voting, utility or magisterial districts, municipal or county limits, or governmental permit limits.(2)
Land surveying work other than boundary surveys. The standards of practice established in Sections 1, 2, 3, and 13 of this administrative regulation:(a)
Shall apply to the work of the professional land surveyor falling within the definition of land surveying, but not falling within the definition of a boundary survey;(b)
Shall be the minimum standards of practice for a professional land surveyor for that work; and(c)
Shall not limit the establishment of more stringent standards of practice for a professional land surveyor by:1.
An agency;2.
An owner;3.
A contract; or4.
The professional land surveyor.Section 3.
Compliance.(1)
Failure to comply with this administrative regulation shall constitute misconduct, gross negligence, incompetence, or a combination of these violations in the practice of professional land surveying.(2)
A professional land surveyor shall not represent that:(a)
A boundary survey determines land ownership; or(b)
A boundary survey provides more than evidence of rights in land; or(c)
Land ownership can be established by any survey.Section 4.
Actual Boundary Survey.(1)
The marks and monuments on the ground as found and verified, or as set by a professional land surveyor shall constitute the actual boundary survey.(2)
Any plat of survey shall accurately represent the actual boundary survey.(3)
Record research and field work required by the provisions of this administrative regulation:(a)
Shall be used by a professional land surveyor to determine the location of the boundary to be surveyed; and(b)
Shall not be used by a professional land surveyor to determine ownership or title.Section 5.
Record Research. In performing a boundary survey, a professional land surveyor shall conduct research to obtain and evaluate the following:(1)
The present and relevant historical record descriptions of:(a)
Each parcel to be surveyed;(b)
Each adjoining parcel; and(c)
Each adjoining right of way, both public and private.(2)
The description of the physical monument that represents each boundary corner;(3)
All other relevant documents of record including deeds and prior plats and surveys;(4)
All other relevant public agency records including tax maps, GIS maps, and topographic maps; and(5)
Any other available data or documents pertinent to the boundary survey.Section 6.
Field Work. A professional land surveyor shall thoroughly:(1)
Search for the physical monuments that represent each boundary corner;(2)
Search for other physical monuments set out in the description of the parcel or tract of land being surveyed;(3)
Gather, analyze, and document evidence of occupation and physical evidence;(4)
Gather, analyze, and document relevant parol evidence; and(5)
Compare evidence discovered by field work, with that discovered by record research, to determine or reestablish the boundary of the tract or parcel of land being surveyed.Section 7.
Measurement Specifications.(1)
Every measurement made as a part of a boundary survey shall comply with the following:(a)
The standards for accuracy and precision established by the provisions of this section; or(b)
Standards for accuracy and precision that exceed the standards established by the provisions of this section but are:1.
Requested by the client;2.
Required by contract;3.
Required by the agency or entity to which the plat of survey is to be presented; or4.
Deemed desirable or necessary by the land surveyor.(2)
A professional land surveyor shall conduct measurements with instruments and equipment that are properly:(a)
Adjusted;(b)
Maintained; and(c)
Calibrated to meet the appropriate tolerance required for the classification of survey as specified in subsection (5) of this section.(3)
A boundary survey shall be conducted utilizing a method of measurement that achieves the appropriate minimum tolerance specified in subsection (5) of this section.(4)
A boundary survey for platting or describing a parcel or tract of land shall be classified as Urban or Rural.(a)
An Urban survey shall:1.
Consist of urban or suburban land; and2.
Include a parcel or tract of land lying within, or adjacent to:a.
A city or town limit;b.
A commercial business area;c.
An industrial area; ord.
A residential area that is outside a city or town limit and contains subdivided lots smaller than five (5.0) acres.(b)
A Rural survey shall apply to all land not classified as Urban.(5)
Table of Specifications by Class: Classification of Surveys.Urban | Rural | Remarks | |
Unadjusted Closure (Minimum) | 1:10,000 | 1:5,000 | Loop or Between Control Monuments |
Angular Closure (Maximum) | 15" N | 30" N | N = Number of Angles in Traverse |
Accuracy of Distances | +/-0.07'+50 PPM | +/-0.10'+200 PPM | 100PPM=1:10,000 |
Relative Positional Accuracy | +/-0.07'+50 PPM | +/-0.10'+200 PPM | Maximum Allowable at the 95% Confidence Level |
Section 8.
Global Navigation Satellite System.(1)
It shall be acceptable practice to incorporate the use of survey grade GNSS equipment into any boundary survey. The accuracy and precision of all measurements made with that equipment shall, at a minimum, meet all other accuracy and precision standards required otherwise by law or rules under Section 7(5) of this administrative regulation. If using GNSS equipment in the course of a boundary survey, the professional land surveyor shall state on the face of the plat of survey, the following:(a)
A note stating what portion (or all) of the boundary survey was performed using GNSS equipment;(b)
The type of GNSS survey that was performed;(c)
A note that discloses the actual precision of the GNSS work done, either in relative positional accuracy or vector closure;(d)
A statement identifying the horizontal datum, the vertical datum, and the Geoid model used; and(e)
Coordinates of at least one of a boundary corner to the accuracy of the boundary survey, unless stated otherwise, on the identified datum required by Section 8(1)(d) of this administrative regulation.(2)
The professional land surveyor shall retain adequate documentation of all calculations and computations necessary to support the accuracy and precision of the work product.Section 9.
Monumentation.(1)
Monumentation standards established in this section shall apply to all boundary surveys:(2)
Unless an adequate monument already exists at each boundary corner, a professional land surveyor shall set a monument or a reference monument at each corner of the boundary as provided in this section.(3)
A monument or reference monument set by a professional land surveyor shall conform to the following categories and shall meet the following criteria:(a)
"Typical and Preferred" - an iron rod, iron pipe, or iron pin that is:1.
Not less than one-half (1/2) inch in diameter and eighteen (18) inches in length;2.
Equivalent to, or greater than, schedule-forty (40) weight if pipe is utilized; and3.
Identified with a cap bearing the license number of the professional land surveyor under whose direct supervision the survey was performed, and which cap does not display any other professional land surveyor's license number.(b)
"Non-typical" - to be used only when it is not practical to set the monuments described in paragraph (a) of this subsection, and that:1.
Contains a ferrous material or is otherwise capable of being located with a magnetic locator, and shall include nails at least three eighths (3/8) inch in shaft diameter and at least three (3) inches in length; and2.
Is identified with the license number of the professional land surveyor under whose direct supervision the survey was performed and does not display any other professional land surveyor's license number.(c)
"Alternate" - to be used only when it is not practical to set the monuments described in paragraphs (a) and (b) of this subsection and may include nails, railroad spikes, mine spikes, cross-cuts, chisel cuts, drill holes and curb notches, and shall be referenced to a durable, physical feature.(4)
The location of a boundary corner shall be perpetuated by a reference monument if it is impractical to set a monument at the corner for either of the following reasons:(a)
The corner is likely to be disturbed; or(b)
The corner is inaccessible.(5)
A reference monument shall be set on the boundary line if practical.(6)
A professional land surveyor shall set each monument in a manner to avoid or minimize the likelihood of its destruction.(7)
A professional land surveyor may use a tree as a monument under the following conditions:(a)
A tree established as a boundary corner or found to occupy the position of a record corner shall be marked in a conspicuous manner that is both physical and permanent and will not otherwise be harmful to the tree.(b)
A tree that a professional land surveyor establishes as a corner monument shall meet the following criteria:1.
Be at least ten (10) inches in diameter at breast height;2.
Be in sound condition;3.
Be marked in a conspicuous manner that is both physical and permanent; and4.
Be clearly described by size, species, and method of marking, on the plat and in the survey description.(c)
For a Rural survey for which trees constitute more than fifty (50) percent of the boundary corners, reference monuments shall be set such that no more than fifty (50) percent of the boundary corners are perpetuated by only a tree with no reference monument.(d)
For an Urban survey for which a tree is established as the boundary corner or found to occupy the position of a record corner, a reference monument shall be set to perpetuate the location of the boundary corner.(8)
If a professional land surveyor has determined that a boundary corner monument is not of sound condition, fails to meet the standards established in this administrative regulation, or is inadequate under the definition of monument within this administrative regulation, a reference monument shall be set to perpetuate the location of the boundary corner. All existing record monuments discovered during the performance of the survey shall be preserved and shall not be altered or destroyed.(9)
Linear monuments may consist of a watercourse, ridge, road, or cliff, and:(a)
The point at which a boundary line intersects a linear monument shall be monumented or perpetuated by a reference monument; and(b)
A physical feature that represents a linear monument shall be monumented or perpetuated by a reference monument at a minimum of every 1,000 feet.(10)
All monumentation shall be set prior to the time the plat of survey is certified by the professional land surveyor. The signing and sealing of a plat of survey is certification by the professional land surveyor that all corners shown on the plat are set on the ground.Section 10.
Documentation of Boundary Surveys.(1)
A plat of survey shall be required to be given to the client when the professional land surveyor:(a)
Performs a boundary survey which divides or consolidates parcels or tracts of land; or(b)
Performs a retracement survey and determines the found monuments:1.
Do not match those depicted in the record survey description or plat; or2.
Do not meet the measurement specifications described in Section 7(5) of this administrative regulation.(2)
A professional land surveyor shall retain as permanent records the original plat of survey prepared by the land surveyor, or a copy thereof, and a copy of any new survey description that was prepared from the survey.(3)
A professional land surveyor shall retain as permanent records the following items used to perform a boundary survey:(a)
Research documents including notations stating the source of each;(b)
Field and office notes;(c)
Digital field data;(d)
Documents of calculation stating the:1.
Relative positional accuracy or closure as required by Section 7 of this administrative regulation;2.
Adjustment method; if any; and3.
Determination of corners;(e)
All other pertinent information necessary to reproduce the boundary survey; and(f)
All other pertinent information supporting the location of the boundary lines and corners of the boundary survey.(4)
Survey description. A survey description prepared by a professional land surveyor shall be complete, shall accurately describe the actual boundary survey, and shall contain the following information:(a)
The general location of the land that was surveyed;(b)
The specific location of the land by reference of at least one (1) boundary corner to:1.
A durable and recognizable physical object or a properly identified primary control network; and2.
At least one boundary corner of the parent tract;(c)
The direction and length of each line, as follows:1.
Each bearing represented in degrees, minutes and seconds with each distance represented to the hundredths of a foot;2.
Any geometrically-curved line identified with a beginning point, terminus point, and sufficient curve data to define the curve; and3.
A description of each prominent terrain feature, if any, that the boundary follows or crosses;(d)
A notation as to whether each monument was found or set;(e)
The identification of each tree utilized as a corner monument by breast height diameter, species of tree, method of marking, and a notation as to whether the tree is a record monument or a newly established monument;(f)
A complete description of each set monument that marks or references a boundary corner to include, if appropriate, the monument's length, diameter, type of material, and the information contained on the identification cap or other identifier that was used;(g)
A complete description of each found monument that complies with the following:1.
It is sufficiently accurate and adequate for subsequent identification by another professional land surveyor; and2.
To the extent possible, the description shall include the monument's condition, dimensions, type of material, and the information contained on the identification cap or other identifier, or lack thereof;(h)
The record source of the tract or parcel of land surveyed;(i)
The identity of each adjoiner, as appropriate, by:1.
The names and record sources; or2.
The names and record sources of each adjoining recorded subdivision plat and lot designation thereof;(j)
The name of each adjacent or abutting road, along with any record source, or lack thereof;(k)
The calculated area of the land surveyed stated to the nearest hundredth of an acre;(l)
A reference to the plat of survey for a depiction and location of any cemetery or grave site that is observable or evident during the performance of the field work or discovered from the required research;(m)
A reference to the plat of survey for a depiction and location of any apparent encroachment that is observable or evident during the performance of the field work or discovered from the required research;(n)
The reference meridian and whether its basis is:1.
Astronomic;2.
Grid;3.
Record, including the source of the record meridian;4.
State plane;5.
Magnetic, including the date and location of the observation; or6.
Geodetic;(o)
A statement as to whether the distance reported are grid or ground;(p)
Completion date of survey;(q)
Name, license number, and business address of the professional land surveyor who performed the survey and, if applicable, the name and address of the land surveying firm; and(r)
A dated signature and seal of the professional land surveyor under whose direct supervision the boundary survey was performed.(5)
Plat of survey. A plat of survey shall be drawn to scale and clearly contain the following information:(a)
The specific location of the land by reference of at least one (1) boundary corner to:1.
A durable and recognizable physical object or a properly identified primary control network; and2.
At least one boundary corner of the parent tract;(b)
The direction and length of each line as follows:1.
Each bearing represented in degrees, minutes, and seconds with each distance represented to the hundredths of a foot;2.
Any geometrically-curved line identified with a beginning point, terminus point, and sufficient curve data to define the curve; and3.
A depiction of each prominent terrain feature, if any, that the boundary follows or crosses;(c)
A notation as to whether each monument was found or set;(d)
The identification of each tree utilized as a corner monument by breast height diameter, species of tree, method of marking, and a notation as to whether the tree is a record monument or newly established monument;(e)
A complete description of each set monument that marks or references a boundary corner to include, if appropriate, the monument's length, diameter, type of material, and the information contained on the identification cap or other identifier that was used;(f)
A complete description of each found monument that complies with the following:1.
It is sufficiently accurate and adequate for subsequent identification by another professional land surveyor; and2.
To the extent possible, the description shall include the monument's condition, dimensions, type of material, and the information contained on the identification cap or other identifier, or lack thereof;(g)
The record source of each tract or parcel of land surveyed;(h)
The location or address of each tract or parcel of land surveyed;(i)
The identity of each adjoiner, as appropriate, by:1.
The names and record sources; or2.
The names and record sources of each adjoining recorded subdivision plat and lot designation thereof;(j)
The name of each adjacent or abutting road, along with any record source, or lack thereof;(k)
The calculated area of the land surveyed stated to the nearest hundredths of an acre;(l)
The location of any cemetery or grave site that is observable or evident during the performance of the field work or discovered from the required research;(m)
The location of any apparent encroachment that is observable or evident during the performance of the field work or discovered from the required research;(n)
The reference meridian and whether its basis is:1.
Astronomic;2.
Grid;3.
Record, including the source of the record meridian;4.
State plane;5.
Magnetic, including the date and location of the observation; or6.
Geodetic;(o)
A vicinity map of sufficient detail to locate the parcel or tract of land being surveyed, unless the location of the parcel or tract of land is clearly shown by the plat itself;(p)
A written and graphic scale;(q)
Notes containing the following information:1.
Name and address of the client;2.
Name and address of the property owner of record;3.
A statement identifying the classification of the survey as Rural or Urban;4.
A statement, as appropriate, of:a.
The unadjusted error of closure for the traverse; andb.
The relative positional accuracy for a GNSS based survey;5.
A statement as to whether the directions and distances shown on the plat of survey are adjusted or unadjusted;6.
A statement as to whether the distances reported are grid or ground;7.
GNSS survey notes as required by Section 8(1) of this administrative regulation, if applicable; and8.
A statement that the plat of survey represents a boundary survey and complies with 201 KAR 18:150;(r)
A title block containing the following:1.
Title of the survey;2.
Completion date of survey; and3.
Name, license number, and business address of the professional land surveyor who performed the survey and, if applicable, the name and address of the surveying firm; and(s)
A dated signature and seal of the professional land surveyor under whose direct supervision the boundary survey was performed.Section 11.
Identification of Drawings and Plats.(1)
A plat of survey shall be signed, sealed, and dated by the professional land surveyor under whose direct supervision the survey was performed.(2)
Working drawings or unfinished plats of not yet completed boundary surveys shall be prominently marked or stamped in at least sixteen (16) point type (0.22 inches tall) or its equivalent, as follows: Preliminary - Not for Recording or Land Transfer.Section 12.
Partial Boundary Surveys.(1)
In performing a boundary survey, a professional land surveyor shall not be required to survey the parent tract in its entirety in order to create a smaller tract for conveyance if the following conditions are met:(a)
Adequate evidence exists that conforms to the deeds of record;(b)
Sufficient monumentation exists that is verifiable to establish the lines common to the boundary of the parent tract; and(c)
There is sufficient evidence and monumentation to establish the lines common to the adjoining tracts without adversely affecting the property interests of any adjoining owners.(2)
In performing a boundary survey, a professional land surveyor is not required to survey the entire boundary of a tract of land in order to mark a boundary line or replace a boundary corner when the following conditions are met:(a)
Sufficient evidence is found and verified to establish the record location of that portion of the boundary being surveyed; and(b)
The marked boundary line or reestablished boundary corner does not adversely affect the property interests of any adjoining owners.(3)
A plat of survey for that part of the boundary surveyed pursuant to this section of this administrative regulation, shall be required to comply with this administrative regulation for the part of the boundary that was surveyed, and shall graphically delineate and designate that portion of the boundary covered by the survey.Section 13.
Plats, Drawings, and Graphic Representations of Non-Boundary Survey Work Mandatory Disclosures.(1)
Plats, drawings, and graphic representations created by a professional land surveyor, not representing either a plat of survey, or a preliminary plat, drawing, or graphic representation of a boundary survey, shall meet the following criteria:(a)
Be clearly marked as to the intended use; and(b)
State affirmatively on the face of the document in at least sixteen (16) point type (0.22 inches tall) or its equivalent, that the work does not represent a boundary survey and is not intended for land transfer; and(c)
May be signed and sealed by the professional land surveyor under whose direct supervision the work represented by the plat, drawing, or graphic representation was performed or the document was prepared.(2)
A professional land surveyor shall state in a note or notes, on the face of any plat, drawing or graphical representation of any work product falling within the definition of land surveying but not constituting either a plat of survey, or a preliminary plat, drawing or graphic representation of a boundary survey, the following mandatory informational disclosures for the work product:(a)
For whom and by whom the work product was created;(b)
The purpose of the work product;(c)
The method employed to create the work product and its underlying values and specifications;(d)
The location of the parcel or tract of land with which the work product is concerned;(e)
The date or dates that the work was performed;(f)
The date of any certification of the work product by the licensee;(g)
The mathematical scale employed in any graphic representation of the work performed; and(h)
The degree of accuracy of the work product.KYLE L. ELLIOTT, Executive Director
APPROVED BY AGENCY: January 30, 2026
FILED WITH LRC: April 10, 2026 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 23, 2026, at 2:00 p.m., Eastern Standard Time, at the Kentucky Engineering Center, 160 Democrat Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through June 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jake R. Miller, General Counsel, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, phone: (502) 573-2680, facsimile: (502) 573-6687, email: jake.miller@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jake R. Miller
Subject Headings:
Boards and Commissions, Engineers and Land Surveyors, Occupations and Professions, Surveying
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation adopts the appropriate standards of practice for professional land surveyors in the Commonwealth of Kentucky.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the minimum standards of practice for land surveying in the Commonwealth of Kentucky.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by adopting the appropriate standards of practice for land surveying in the Commonwealth of Kentucky.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by adopting the minimum standards of practice that must be met by those engaging in the practice of land surveying in the Commonwealth of Kentucky.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment will update this already existing administrative regulation to reflect changes in land surveying technology and methodology so as to update and modernize the administrative regulation. The amendment also makes minor grammatical corrections to enhance clarity of the regulation.
(b) The necessity of the amendment to this administrative regulation:
The amendment to this already existing administrative regulation is necessary to bring the regulation into conformity with current standards of practice for land surveying.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment to this already existing administrative regulation conforms to the authorizing statute, KRS 322.290(12), by adopting appropriate standards of practice for land surveying in the Commonwealth of Kentucky that are consistent with modern land surveying techniques. The amendment also conforms to the authorizing statute, KRS 322.290(4), because the authorizing statute gives the board authority to promulgate administrative regulations reasonably necessary for the performance of its duties.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this already existing administrative regulation will assist in the effective administration of the statutes by clearly establishing minimum standards, procedures, and requirements for those engaging in the practice of land surveying in the Commonwealth of Kentucky so as to clarify what is minimally expected of professional land surveyors.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
The amendment to this already existing administrative regulation does not implement legislation from the previous five years.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The amendment to this already existing administrative regulation will only affect individuals licensed as professional land surveyors in the Commonwealth of Kentucky, approximately 1,750 individuals. No businesses, organizations, or state and local governments are anticipated to be affected by the amendment to this administrative regulation.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
In order to comply with the amendment to this administrative regulation, individuals licensed as professional land surveyors in the Commonwealth of Kentucky will need to become familiar with any changes in the regulation to ensure their land surveying practice conforms with the current minimum standards of practice set forth in the administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There are no expected additional costs for individuals licensed as professional land surveyors in the Commonwealth of Kentucky in complying with the amendment to this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
As a result of complying with the amendment to this administrative regulation, individuals licensed as professional land surveyors in the Commonwealth of Kentucky will have the benefit of meeting the minimum standards of practice for land surveying and, as a result, engaging in the practice of land surveying in the Commonwealth of Kentucky in such a way so as to protect the public health, safety, and welfare of the citizens of the Commonwealth of Kentucky.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost.
(b) On a continuing basis:
No additional cost.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
No additional funds are needed for the implementation and enforcement of the amendment of this administrative regulation. However, to the extent any funds are needed for the implementation and enforcement of the amendment of this already existing administrative regulation, the funds would be from restricted agency funds. The Kentucky State Board of Licensure for Professional Engineers and Land Surveyors does not receive any general or federal funds.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding will not be necessary to implement the amendment to this already existing administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The amendment to this existing administrative regulation does not establish any fees. Nor does the amendment directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
(Explain why or why not) Tiering is not applied to the amendment of this already existing administrative regulation as the amendment applies equally to all licensed professional land surveyors.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
Kentucky Revised Statutes 322.290(4) and 322.290(12).
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by KRS 322.290(12).
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities (cities, counties, fire departments, school districts) are affected by the amendment of this already existing administrative regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
2. Revenues:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
3. Cost Savings:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Individuals licensed as professional land surveyors in the Commonwealth of Kentucky.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The amendment to this already existing administrative regulation will not have a fiscal impact on state or local government or regulated entities.
(b) Methodology and resources used to reach this conclusion:
Not applicable.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
The amendment to this already existing administrative regulation will not have a "major economic impact."
(b) The methodology and resources used to reach this conclusion:
Not applicable.