H. B. 2549


(By Delegates Williams and Michael)
[Introduced January 23, 2003; referred to the
Committee on Government Organization.]




A BILL to amend and reenact sections one, two, four, five, five-a, six, seven, eight, nine, eleven, twelve, fourteen, sixteen, seventeen and eighteen, article thirteen-a, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the practice of land surveying license; changing the qualifications for obtaining a land surveying; authorizing the land surveying board to set certain fees; and providing minimum standards for boundary surveys.

Be it enacted by the Legislature of West Virginia:
That sections one, two, four, five, five-a, six, seven, eight, nine, eleven, twelve, fourteen, sixteen, seventeen and eighteen, article thirteen-a, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 13A. LAND SURVEYORS.

§30-13A-1. License required.
In order to provide for the regulation of land surveying in this state, no person shall engage in, offer to engage in, or hold himself or herself out to the public as being engaged in, the practice of land surveying in this state (except for the persons exempted under the provisions of section seven of this article), unless and until he or she shall first obtain a license to engage in the practice of land surveying in accordance with the provisions of this article, which license remains unexpired, unsuspended and unrevoked.
Any firm, association, partnership or corporation offering surveying services or advertising as offering land surveying services must maintain a licensee on their company staff by means of majority ownership interest or full-time employee of the company.
§30-13A-2. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Applicant" means any person making application for an original or renewal license under the provisions of this article;
(b) "Licensee" means any person holding a license issued under the provisions of this article;
(c) "Board" means the West Virginia state board of examiners of land surveyors created under the provisions of this article;
(d) "Practice of land surveying" means the rendering or offering to render for a fee, salary or other compensation, monetary or otherwise, for the public generally any of the following services:
(1) The location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or of any road or utility right-of-way, easement or alignment;
(2) The performance of any survey for the division, subdivision or resubdivision of any tract of land;
(3) The determination of the position of any monument or reference point which marks a property line boundary or corner, or setting, resetting or replacing any such monument or reference point, by the use of the principles of land surveying;
(4) The determination of the configuration or contour of the earth's surface or the position of fixed objects thereon or related thereto, by means of measuring lines and angles, whether directly, indirectly, by conventional methods or GPS, and applying the principles of mathematics;
(5) The performance of cadastral surveying, underground surveying, surface mine surveying or hydrographic surveying;
(6) The preparation of subdivision maps; and
(7) The preparation of maps or drawings showing any of the above;
(e) "Professional surveyor" means any person who engages in the practice of land surveying;
(f) "Direct supervision" means the responsible licensee shall be in direct control of all field and office operations, including research, evaluation of all data and decisions relative to the final output data/material, i.e., plats, plans, descriptions, etc., that could affect the general public;
(g) "Global positioning system (GPS)" means any measurement of elevations or positions either absolute or relative which utilizes the observation of artificial satellites;
(h) "Mortgage/loan inspection survey" means a survey in which property boundary retracement survey where structures and improvements are platted with respect to deed property lines for the purpose of title insurance.
(i) "Retracement survey" means a land survey where the boundary lines and corners have not been established of a parcel of land are established from an existing legal description.
(j) "Partition survey" means a land survey where a newly created boundary line is established and the associated corners are monumented, creating a new parcel.
§30-13A-4. Powers and duties of board; funds.
(a) The board shall have the power and duty to:
(1) Examine applicants and determine their eligibility for a license to engage in the practice of land surveying;
(2) Prepare, conduct and grade an apt and proper written, oral or written and oral examination of applicants for a license and determine the satisfactory passing score thereon;
(3) Promulgate reasonable rules implementing the provisions of this article and the powers and duties conferred upon the board hereby, all of which reasonable rules shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code;
(4) Issue, renew, deny, suspend or revoke licenses to engage in the practice of land surveying in accordance with the provisions of this article;
(5) Investigate alleged violations of the provisions of this article, reasonable rules promulgated hereunder and orders and final decisions of the board and take appropriate disciplinary action against any licensee for the violation thereof or institute appropriate legal action for the enforcement of the provisions of this article, reasonable rules promulgated hereunder and orders and final decisions of the board or take such disciplinary action and institute such legal action;
(6) Keep accurate and complete records of its proceedings, certify the same as may be appropriate and prepare, from time to time, a list showing the names and addresses of all licensees;
(7) Take such any other action as may be reasonably necessary or appropriate to effectuate the provisions of this article; and
(8) Establish standards to evaluate surveying curricula as it relates to the practice of land surveying under the provisions of this article and to determine the amount of experience required under section five of this article which may be substituted for a particular curriculum.
(9) Fine and/or otherwise issue cease and desist orders against those individuals found in violation of the regulatory requirements as set forth by the provisions of this article or as prescribed by any rules adopted by the board.
(b) All moneys paid to the board shall be accepted by a person designated by the board and deposited by him or her with the treasurer of the state and credited to an account to be known as the "board of examiners of land surveyors fund". All of the reasonable compensation of the members of the board, the reimbursement of all reasonable and necessary expenses actually incurred by such the members and all other costs and expenses incurred by the board in the administration of this article shall be paid from such the fund, and no part of the state's general revenue fund shall be expended for this purpose.
(c) The Legislature finds that an emergency situation exists and, therefore, the board is hereby authorized to establish by emergency rule, pursuant to the provisions of article three-a, chapter twenty-nine-a of this code, a rule to effectuate the purpose of this article, including, but not limited to, continuing education.
§30-13A-5. Qualifications of applicants for licenses; surveyor-in-training applications; fees; examinations.

(a) To be eligible for a license to engage in the practice of land surveying, the applicant must:
(1) Be at least eighteen years of age;
(2) Be of good moral character;
(3) Have been a resident of the United States for one year immediately preceding the date of application;
(4) Not have been convicted of a crime involving moral turpitude;
(5) On and after the first day of July, one thousand nine hundred ninety-five, six years or more of experience under the direct supervision of a licensee or a person authorized in another state or country to engage in the practice of Have completed at least one of the following:
(A) A two-year degree in land surveying shall be required by those applicants who are graduates of a surveying curriculum of two scholastic years or more. Eight years of experience or related field approved by the board, provided the degree shall either includes or is accompanied by, the completion of at least thirty credit hours of surveying or surveying related courses as approved by the board, and four years or more experience approved by the board, under the supervision of a person authorized to practice land surveying in this state, or a person authorized in another state or country to engage in the practice of land surveying shall be required for those applicants who are not graduates of a surveying curriculum; and or
(B) A four-year nonsurveying degree approved by the board, provided the degree includes or is accompanied by the completion of at least thirty credit hours of surveying or surveying related courses as approved by the board, and four years or more experience as approved by the board, under the supervision of a person authorized to practice land surveying in this state, or a person authorized in another state or country to engage in the practice of land surveying; or
(C) A four-year degree in land surveying approved by the board, provided the degree includes or is accompanied by the completion of at least thirty credit hours of board approved surveying or surveying related courses, and two years or more experience approved by the board, under the supervision of a person authorized to practice land surveying in this state, or a person authorized in another state or country to engage in the practice of land surveying; or
(D) Eight years of experience approved by the board, under the supervision of a person authorized to practice land surveying in this state, or a person authorized in another state or country to engage in the practice of land surveying. Any individual desiring to pursue licensure based on the eight years' experience requirement must apprize the board of same on or before the first day of January, two thousand five.
(6) Have passed the examination prescribed by the board, which examination shall cover the basic subject matter West Virginia laws, regulations and boundary laws of land surveying and land surveying skills and techniques.
(b) Any applicant for any such license shall submit an application therefor on the forms provided by the board. Such The application shall be verified and shall contain a statement of the applicant's education and experience, the names of five persons for reference (at least three of whom shall be licensees or persons authorized in another state or country to engage in the practice of land surveying, who have knowledge of his or her work) and such any other information as the board may from time to time by reasonable rule prescribe.
(c) An applicant shall pay to the board with his or her application an examination fee for the purpose of covering the cost of the examination as determined by the board by rule.
(d) Examinations shall be held at least once each year at such a time and place as the board shall determine. The scope of the examination and methods of procedure shall be determined by the board. An applicant who fails to pass all or any part of an examination may reapply at any time and shall furnish additional information as requested by the board. The cost of reexamination will shall be based on the cost of the examination as determined by the board by rule.
(e) The board shall offer a surveyor-in-training (SIT) fundamentals of land surveying examination to applicants who meet the requirements of subdivisions (1), (2), (3) and (4), subsection (a) of this section, and are graduates of a surveying curriculum of two or more years which has been any board approved applicant who has acquired an associate degree in land surveying and one year of experience, as approved by the board; of examiners of land surveyors. The examination shall include an eight-hour portion of fundamentals in science, mathematics and surveying or has acquired a baccalaureate degree in a nonsurveying field and one year of experience, as approved by the board, or has acquired a baccalaureate degree in land surveying. A surveyor-in-training (SIT) certificate shall be issued by the board to any applicant who passes the fundamentals of land surveying examination. Applicants must pass the other portions fundamentals of the surveyor-in- training land surveying examination and complete the work experience and other requirements of this section the board before they are allowed to take the second eight-hour portion of the examination which consists of the principles and practices of land surveying and the West Virginia examinations.
§30-13A-5a. Underground surveying; additional requirements.

After the first day of July, one thousand nine hundred seventy, no person required to be licensed under the provisions of this article shall engage in underground surveying until he or she shall have first obtained a license under the provisions of this article and in addition shall have received from the board, after application therefor and payment of a ten dollar fee to be determined by the board, a certificate to engage in underground surveying, which certificate shall remain valid so long and only so long as the license issued to such the person under the provisions of this article remains unexpired, unsuspended and unrevoked. In order to be eligible for such the certificate such the person shall, in addition to the requirements for a license, have three years or more experience in the practice of underground surveying and pass an examination on relevant material as may be prescribed by the board. In the event an application for any such certificate is denied, all of the provisions of sections nine and ten of this article shall be as fully applicable as if the application denied were an application for a license under the provisions of this article.
§30-13A-6. Issuance of license; notice of expiration; renewal; renewal fee; display.

Whenever the board finds that an applicant meets all of the requirements of this article for a license to engage in the practice of land surveying, it shall forthwith issue to such the person such license; and otherwise the board shall deny the same. All licenses, whether original or renewal, shall expire on the thirtieth day of June following the date of issuance or renewal. The secretary-treasurer of the board shall mail to every licensee, at least thirty days prior to the expiration of such the license, notice of the expiration date and the amount of the renewal fee. A license may be renewed without examination upon application for a renewal on a form prescribed by the board and payment to the board of an annual renewal fee of forty dollars to be determined by the board by rule. If a license is not renewed when due, the fee shall increase one dollar per month for each month or fraction thereof that such the renewal fee is not paid, up to a maximum of thirty-six months. No license shall be renewed after expiration of said period of thirty-six months, and the fact that a license cannot be renewed because of the expiration of said the period of thirty-six months shall not prevent such a person from making application for a new license. The board may deny any application for renewal for any reason which would justify the denial of an original application for a license. The board shall prescribe the form of licenses and certificates, and each such license certificate shall be conspicuously displayed by the licensee at his or her principal place of practice. A duplicate license may be issued upon payment of a fee of ten dollars to be determined by the board.
 §30-13A-7. Exemption from licensing.
The following persons are exempt from regulation and licensing under the provisions of this article and any reasonable rules promulgated hereunder and may engage in the practice of land surveying without a license issued under the provisions of this article: and any such reasonable rules
(a) Any professional engineer authorized to practice the profession of engineering as provided in article thirteen of this chapter may apply within one year after the effective date of this section and if such person meets the requirements of subdivisions (1), (2), (3) and (4), subsection (a), section five of this article, he or she is eligible for a license without examination. Any applicant for any such license shall submit an application and proof of surveying experience as specified in said section;
(b) (a) Any employee of a proprietorship, partnership, association, corporation or other business entity which is engaged in the practice of land surveying in this state: Provided, That the work of any such employee is done under the direct supervision of and certified by a licensed professional surveyor who is an employee or a majority owner of the proprietorship, partnership, association, corporation or other business entity;
(c) (b) Any employee of a person, firm, association or corporation, when such the employee is engaged in the practice of land surveying exclusively for the person, firm, association or corporation by which employed, or, if a corporation, its parents, affiliates or subsidiaries, and such the person, firm, association or corporation does not hold himself or herself or itself out to the public as being engaged in the business of land surveying;
(d) (c) Any employee or officer of the United States, this state or any political subdivision thereof, when such the employee is engaged in the practice of land surveying exclusively for such a governmental unit, except that after the first day of January, two thousand five, any person elected as a county surveyor for any county of this state may not be installed into the office of county surveyor unless and until he or she shall first obtain a license to engage in the practice of land surveying in accordance with the provisions of this article, and which license remains unexpired, unsuspended and unrevoked.
All boundary retracement work performed by exempted individuals must comply with minimum standards and the rules as prescribed by the board.
 §30-13A-8. Suspension or revocation of license.
(a) The board may at any time upon its own motion and shall upon the verified written complaint of any person conduct an investigation to determine whether there are any grounds for disciplinary action against the holder of a license or the suspension or revocation of a license issued under the provisions of this article.
(b) The board shall suspend or revoke the license of any licensee, put the holder of any such license on probation or and/or impose a fine not to exceed one thousand dollars on the holder of any such license when it finds the holder thereof has:
(1) Been convicted of a crime involving moral turpitude;
(2) Obtained a license by means of fraud or deceit;
(3) Been incompetent, grossly negligent, or guilty of fraud, deceit or other misconduct in the practice of land surveying as defined by the board by reasonable rules; or
(4) Failed or refused to comply with the provisions of this article or any order or final decision of the board.
(c) Any suspension of a license shall continue for the period specified in the order of suspension. Revocation of a license shall not preclude application for a new license, which application shall be processed in the same manner and the application approved or denied and the license issued or refused on the same grounds as any other application for a license is processed, considered and determined, except that any previous suspension and the revocation may be considered in deciding whether to approve or deny such any application and issue or refuse to issue such the license.
§30-13A-9. Procedures for hearings.

(a) Whenever the board shall deny an application for any original or renewal license or shall suspend or revoke any license, it shall make and enter an order to that effect and serve a copy thereof on the applicant or licensee, as the case may be, by certified mail, return receipt requested. Such The order shall state the grounds for the action taken and shall require that any license suspended or revoked thereby shall be returned to the board by the holder within twenty days after receipt of said the order.
(b) Any person adversely affected by any such order shall be entitled to a hearing thereon (as to all issues not excluded from the definition of a "contested case" as set forth in article one, chapter twenty-nine-a of this code) if, within twenty days after receipt of a copy thereof, he or she files with the board a written demand for such a hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order suspending or revoking a license or denying an application for a renewal license. The board may require the person demanding such the hearing to give reasonable security for the costs thereof and if such the person does not substantially prevail at such the hearing such the costs shall be assessed against him or her and may be collected by an action at law or other proper remedy.
(c) Upon receipt of a written demand for such a hearing, the board shall set a time and place therefore not less than ten and not more than thirty days thereafter. Any scheduled hearing may be continued by the board upon its own motion or for good cause shown by the person demanding the hearing.
(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern the hearing and the administrative procedures in connection with and following such the hearing, with like effect as if the provisions of said article five were set forth in this subsection.
(e) Any such hearing shall be conducted by a quorum of the board. For the purpose of conducting any such hearing any member of the board shall have the power and authority to issue subpoenas and subpoenas duces tecum which shall be issued and served within the time, for the fees and shall be enforced, as specified in section one, article five of said chapter twenty-nine-a, and all of the said section one provisions dealing with subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder.
(f) At any such hearing the person who demanded the same may represent himself or herself or be represented by an attorney at law admitted to practice before any circuit court of this state. Upon request by the board, it shall be represented at any such hearing by the attorney general or his or her assistants without additional compensation.
(g) After any such hearing and consideration of all of the testimony, evidence and record in the case, the board shall render its decision in writing. The written decision of the board shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of such the decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the person demanding such the hearing, and his or her attorney of record, if any.
(h) The decision of the board shall be final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of section ten of this article.
§30-13A-11. Seal or stamp.

Each licensee shall obtain a seal or stamp of the design authorized by the board, bearing his or her name and the legend, "Licensed Land Professional Surveyor." Plans, plats, maps, drawings and reports issued by a licensee shall be stamped with the their seal or stamp. It shall be unlawful for anyone to stamp or seal any document with such the seal or stamp unless the license of the licensee named thereon remains unsuspended, unrevoked and unexpired.
 §30-13A-12. Duty of county clerks and public officials.
(a) No plat, survey, document, plan, map, drawing, exhibit, sketch or pictorial representation intended to be used in the transfer of real property shall be filed by any clerk of a county commission or accepted by any public official of this state unless the seal and signature required by section eleven of this article has been affixed thereto by a licensee authorized to engage in land surveying in the state of West Virginia, except that any survey, document, plan, map, drawing, exhibit, sketch or pictorial representation, prepared by a person exempted from the regulation and licensing requirements of this article, as provided in section seven of this article, shall not be required to have the seal required by section eleven of this article affixed thereto. If a survey, document, plan, plat, map, drawing, exhibit, sketch or pictorial representation has been altered from its original form, it shall not be filed by any clerk of a county or accepted by any public official of this state. Nothing in this section shall prevent a survey, document prepared prior to the twenty-fifth day of May, one thousand nine hundred sixty-nine, from being recorded without such seal. If a seal of such exempt person is not affixed to said survey, document, plan, plat, map, drawing, exhibit, sketch or pictorial representation, a certificate shall be placed thereon by the exempt person, stating upon what the exemption is claimed. Said certificate may shall be in a form similar to the following:
"I certify that I am engaged in surveying exclusively
for _____________________________________ and believe
I am exempt from regulations and licensing under
West Virginia Code 30-13A-7, and that I have
complied with all laws and rules governing surveying
in West Virginia as set out and prescribed by the
board.
___________________________
Signature"
(b) No land transfer for new property partitions or subdivision thereof shall be recorded without a plat and description of survey attached therewith.
§30-13A-14. Offenses, penalties and limitations.

Any person, licensed or unlicensed, who violates any of the provisions of this article, any of the reasonable rules and regulations promulgated hereunder or any order or any final decision of the board shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than three months or by a fine of not more than one hundred thousand dollars, or by both such fine and imprisonment fined and imprisoned.
§30-13A-16. Delivery of plat and description; recordation.

(a) When any land licensed professional surveyor makes a property boundary retracement survey or partition survey as defined in section two of this article, he or she shall make a plat and description thereof, and shall furnish a copy thereof to the client or landowner. If the title to the land surveyed is conveyed, the plat and description of survey prepared by a licensed professional surveyor shall be recorded simultaneously with the instrument conveying title, except when such plat has already been recorded and reference given in lieu of a second recording of said plat.
(b) No land transfer for new property partitions or subdivision thereof shall be recorded without a plat and description of survey attached therewith.
§30-13A-17. "West Virginia Coordinate Systems"; definition, plane coordinates, limitations of use.

(a) The systems of plane coordinates which have been established by the national ocean survey/national geodetic survey National Ocean Survey/National Geodetic Survey (formerly the United States Coast Geodetic Survey) or its successors for defining and stating the geographic position or locations of points on the surface of the earth within the state of West Virginia are hereafter to be known and designated as the "West Virginia Coordinate System of 1927" and the "West Virginia Coordinate System of 1983."
For the purpose of the use of this system the state is divided into a "North Zone" and a "South Zone."
The area now included in the following counties shall constitute the North Zone: Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Marion, Marshall, Mineral, Monongalia, Morgan, Ohio, Pleasants, Preston, Ritchie, Taylor, Tucker, Tyler, Wetzel, Wirt and Wood.
The area now included in the following counties shall constitute the South Zone: Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lewis, Lincoln, Logan, McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Randolph, Roane, Summers, Upshur, Wayne, Webster and Wyoming.
(b) As established for use in the North Zone, the West Virginia Coordinate System of 1927 or the West Virginia Coordinate System of 1983 shall be named; and in any land description in which it is used it shall be designated, the "West Virginia Coordinate System of 1927 North Zone" or "West Virginia Coordinate System of 1983 North Zone."
As established for use in the South Zone, the West Virginia Coordinate System of 1927 or the West Virginia Coordinate System of 1983 shall be named; and in any land description in which it is used it shall be designated, the "West Virginia Coordinate System of 1927 South Zone" or "West Virginia Coordinate System of 1983 South Zone."
(c) The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such a point in the appropriate zone of this system, shall consist of two distances, expressed in U.S. survey feet and decimals of a foot when using the West Virginia Coordinate System of 1927, and expressed in meters and decimals when using the West Virginia Coordinate System of 1983. One of these distances, to be known as the "x-coordinate," shall give the position in an east-and-west direction; the other, to be known as the "y-coordinate," shall give the position in a north-and-south direction.
These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Survey/National Geodetic Survey (formerly the United States Coast and Geodetic Survey), or its successors, and whose plane coordinates have been computed on the system defined by this section. Any such station may be used for establishing a survey connection to either West Virginia coordinate system.
(d) For purposes of describing the location of any survey station or land boundary corner in the state of West Virginia, it shall be considered a complete, legal, and satisfactory description of such a location to give the position of said survey station or land boundary corner on the system of plane coordinates defined in this section.
Nothing contained in this section shall require a purchaser or mortgagee of real property to rely wholly on a land description, any part of which depends exclusively upon either West Virginia coordinate system.
(e) When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the position of all points on its boundaries may be referred to either of the two zones. The zone which is being used specifically shall be named in the description.
(f)(1) For purposes of more precisely defining the West Virginia Coordinate System of 1927, the following definition by the United States Coast and Geodetic Survey (now National Ocean Survey/National Geodetic Survey) is adopted:
The "West Virginia Coordinate System of 1927 North Zone" is a Lambert conformal conic projection of the Clarke Spheriod of 1866, having standard parallels at north latitudes 39 degrees and 00 minutes and 40 degrees and 15 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 79 degrees 30 minutes west of Greenwich and the parallel 38 degrees 30 minutes north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.
The "West Virginia Coordinate System of 1927 South Zone" is a Lambert conformal conic projection of the Clarke Spheriod of 1866, having standard parallels at north latitudes 37 degrees 29 minutes and 38 degrees 53 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 81 degrees 00 minutes west of Greenwich and the parallel 37 degrees 00 minutes north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.
(2) For purposes of more precisely defining the West Virginia Coordinate System of 1983, the following definition by the National Ocean Survey/National Geodetic Survey is adopted:
The "West Virginia Coordinate System of 1983 North Zone" is a Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 39 degrees and 00 minutes and 40 degrees and 15 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 79 degrees 30 minutes west of Greenwich and the parallel 38 degrees 30 minutes north latitude. This origin is given the coordinates: x = 600,000 meters and y = 0 meters.
The "West Virginia Coordinate System of 1983 South Zone" is a Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 37 degrees 29 minutes and 38 degrees 53 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 81 degrees 00 minutes west of Greenwich and the parallel 37 degrees 00 minutes north latitude. This origin is given the coordinates: x = 600,000 meters and y = 0 meters.
(g) No coordinates based on the West Virginia coordinate system, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public records or deed records unless such point is within based on one kilometer of a public or private monumented horizontal control station established in conformity with the standards of accuracy and specifications for first or second order or better geodetic surveying as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States department of commerce. The plat and description must bear the basis of control identified by monument name and/or PID (point identifier) that the survey is based on, the order of accuracy of that base monument and the coordinate values used to compute the corner positions. Standards and specifications of the FGCC or its successor in force on date of said survey shall apply. The publishing of the existing control stations, or the acceptance with intent to publish the newly established control stations, by the National Ocean Survey/National Geodetic Survey will shall constitute evidence of adherence to the FGCC specifications. The above limitations may be modified by a duly authorized state agency to meet local conditions.
(h) The use of the term "West Virginia Coordinate System of 1927 North or South Zone" or "West Virginia Coordinate System of 1983 North or South Zone" on any map, report of survey or other document shall be limited to coordinates based on the West Virginia coordinate system as defined in this section.
(i) Nothing in this section shall prevent the recordation in any public record of any deed, map, plat, survey, description or of any other document or writing of whatsoever nature which would otherwise constitute a recordable instrument or document even though the same is not based upon or done in conformity with the West Virginia coordinate system established by this section, nor shall such nonconformity with such system invalidate any deed, map, plat, survey, description or other document which is otherwise proper.
 §30-13A-18. Minimum standards for boundary surveys.
The purpose of these standards is to establish minimum technical criteria to govern the performance of surveyors when more stringent specifications are not required by other agencies, contract, etc. Further, the purpose is to protect the inhabitants of this state from dishonest or incompetent surveying, and generally to protect the public welfare.
(a) The client discussion prior to the survey should cover the purpose of survey, scope of services, disputes with adjoiners fees and contract.
(b) The record search should include the record description based on current and prior deeds, conveyance from common grantor, or if necessary original survey or grant. It should also include descriptions of adjoining properties, other sources of information or resolution of conflicts in descriptions. All records of information sources used will should be retained as a permanent record.
(c) The field survey will shall consist of a reasonable attempt at adjoiner notification, a field search for controlling evidence, a discussion of evidence with the owner adjoiners and/or client, or others having knowledge of the boundaries and the location of evidence by traverse appropriate methods and procedures. The surveyor will shall use methods and equipment suitable for the purpose of the survey and the field notes will shall be retained as a permanent record.
(d) Distance will shall be measured reported in feet or meters, or fractions thereof, and angles will directions shall be measured reported in degrees or parts thereof. These will The observations shall be measured made to a precision that will shall produce the desired level of accuracy. Areas will Area of the tract being surveyed shall be measured reported to a precision consistent with the purpose of the survey. All measuring devices will be checked periodically for accuracy and condition.
(e) Monumentation is required for all new or reestablished corners, or reference monument for inaccessible corners, and is encouraged at intervisible points between corners. Artificial or Set monuments will shall be made of durable ferrous material and set firmly in the ground. Pipes will shall have a minimum inside diameter of one inch, while rebars will shall have a minimum outside diameter of one-half five-eighths inch and both will shall have a minimum length of thirty inches. All rebars and pipes shall have caps bearing the surveyor's registration number or company name. Other markers shall have a minimum cross-sectional area of three-tenths one-half square inch and will shall be of durable material, identifiable and unique. Natural objects chosen for corners shall be durable, unique and easily identifiable.
(f) A plat will shall be prepared for all boundary surveys shall show showing the results of the field survey and will be delivered to if contractual obligations between the surveyor and the client have been satisfactorily met or completed, certified copies of the plat shall be provided to the client, and the adjoiners, if so requested by the client. Plats will shall be to a scale large enough to show significant details. Information on plats will shall include when applicable north arrows and basis of bearings, date of survey, measured length and direction of each boundary line by distance, bearing and quadrant and evidence of possession on or near the property line and the acreage or square footage of the tract being surveyed.
The description of all corners or reference monuments, and whether found (fd) or set, area of the parcel and of significant parts, including streets, alleys and nonlotted area of subdivision, state, county and district or municipality will shall be shown on the plat. The subdivision name, lot, block and plat reference will shall also be shown on subdivision or lot surveys.
The tax map, tax parcel number, name of current and/or past owners for subject property and adjoiners, current conveyance reference for subject property and adjoiners will shall be shown. Name, address, license number, signature, seal of surveyor, overlaps and gaps in record lines, former deed or grant lines as needed, ties to significant objects and general location information will shall also be included.
(g) A description will shall be prepared for each boundary survey and will shall be provided to the client. A description shall include the state, county, district or municipality and watershed or topographic location. Lot and block numbers will shall be shown for new platted subdivisions, but retracement surveys for lots and other surveys will shall require a metes and bounds description. The description will shall also include the point of beginning, the description of monumentation at each corner and objects encountered along the line, the length and direction of each line, and the radius, chord bearing and distance of a curved boundary.
The description will shall also show the intent with regard to adjoiner, physical evidence or record monument along the line. The area of the parcel, reference to plat and surveyor preparing description and the reference to conveyance by which the current owner claims title, including grantor, grantee, date and place.
(h) The report of survey will shall be used when the plat and description do not adequately address all matters considered by the surveyor in performing the survey and will shall be provided to the client with a plat and description and the adjoiners, if so requested by the client.
The report will should include all unusual circumstances surrounding the survey, weight given to conflicting evidence and encroachments, overlaps or gaps, and how they were resolved and the names of adjoiners contacted and the information they supplied.
(i) A mortgage/loan inspection survey in which shall show boundaries on of a property which have not been surveyed in accordance with the methods set forth by the board then the plat must be stamped "a mortgage inspection survey only, not a boundary survey". The surveyor must notify a in this article, the plat shall also show structures and improvements as requested by the landowner or other person commissioning their services if a the survey. or an inspection was performed

NOTE: The purpose of this bill is to change the qualifications for obtaining a license to engage in the practice of land surveying; to allow the land surveying board to set certain fees; and to provide minimum standards for boundary surveys.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.