An Act To Recodify the Land Surveyor Licensing Laws
Maine Legislature, Session 126, LD 1267
Committee: Labor, Commerce, Research and Economic Development
Sponsors: HERBIG, CUSHING, CAMPBELL
Amends: 5 MRSA §12004-A, 17 MRSA §2511, 30-A MRSA §4403, 32 MRSA §13902

Legislative Document 
No. 1267 
H.P. 906 
House of Representatives, March 28, 2013 
An Act To Recodify the Land Surveyor Licensing Laws 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HERBIG of Belfast. 
Cosponsored by Senator CUSHING of Penobscot and 
Representative: CAMPBELL of Newfield. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-A, sub-§21, as amended by PL 1989, c. 346, §1, is 
further amended to read: 
21.   
Sec. 2.  17 MRSA §2511, sub-§1, ¶A, as enacted by PL 2003, c. 550, §1, is 
amended to read: 
A.  "Established property line" means a line demarcated by monuments, signs, 
markings, pins, reference points or other markers that denotes a change in ownership 
between abutting properties.  These established property line markers must have been 
placed upon mutual agreement of the abutting landowners, based on historical 
physical evidence of a preexisting boundary line, or by a licensed professional 
surveyor pursuant to Title 32, chapter 121 141. 
Sec. 3.  30-A MRSA §4403, sub-§3, ¶D, as enacted by PL 1995, c. 93, §1, is 
amended to read: 
D.  The municipal reviewing authority may not accept or approve final plans or final 
documents prepared within the meaning and intent of Title 32, chapter 121 141 that 
are not sealed and signed by the professional land surveyor under whose responsible 
charge they were completed, as provided in Title 32, section 13907 18226. 
Sec. 4.  32 MRSA c. 121, as amended, is repealed. 
Sec. 5.  32 MRSA c. 141 is enacted to read: 
CHAPTER 141 
PROFESSIONAL LAND SURVEYORS 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§18201.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Board.  "Board" means the Board of Licensure for Professional Land Surveyors. 
2.  Commissioner.  "Commissioner" means the Commissioner of Professional and 
Financial Regulation. 
Board of Licensure for 
Professional Land Surveyors 
$35/Day 
MRSA §13902
§18211
3.  Department.  "Department" means the Department of Professional and Financial 
Regulation. 
4.  Land surveying.  "Land surveying" means any service or work involving the 
application of special knowledge of the rules of evidence and boundary laws, principles 
of mathematics and the related physical and applied sciences for measuring and locating 
lines, angles, elevations and natural and man-made features in the air, on the surface of 
the earth, within underground workings and on the beds of bodies of water. This service 
or work is for the purposes of determining areas and volumes, for the monumenting of 
property boundaries and for the platting and layout of lands and subdivisions of land, 
including topography, alignment and grades of streets and for the preparation and 
perpetuation of maps, record plats, field note records and property descriptions that 
represent these surveys. 
A person practices or offers to practice land surveying within the meaning and intent of 
this chapter if that person engages in land surveying or by verbal claim, sign, 
advertisement, letterhead, card or in any other way makes a representation that the person 
is a professional land surveyor or makes a representation that the person is able to 
perform or does perform any land surveying service or work or any other service 
designated by the practitioner that is recognized as land surveying. 
5.  Land surveyor-in-training.  "Land surveyor-in-training" means a person licensed 
under this chapter to practice land surveying under the responsible charge of a 
professional land surveyor. 
6.  Person.  "Person" means an individual. 
7.  Professional land surveyor.  "Professional land surveyor" means a person 
licensed under this chapter to practice land surveying. 
8.  Responsible charge.  "Responsible charge" means direct control and personal 
supervision of land surveying. 
§18202.  License required 
Except as provided in section 18203, it is unlawful for a person to practice land 
surveying or advertise or offer to practice land surveying without a license issued under 
this chapter. 
§18203.  Exemptions 
This chapter may not be construed to prevent the practice by: 
1.  Other professions.  A person licensed in this State under any other provision of 
law from engaging in the practice for which the person is licensed; 
2.  Federal Government employees.  An officer or employee of the Federal 
Government while engaged within this State in the practice of land surveying for the 
Federal Government; 
3.  Interstate commerce corporation employees.  An officer or employee of a 
corporation engaged in interstate commerce as defined in the Act of Congress entitled 
"An Act to Regulate Commerce" approved February 4, 1887, as amended, or in interstate 
communication as defined in the Act of Congress entitled "Communications Act of 1934" 
approved June 9, 1934, while working solely as an employee of that corporation, as long 
as an officer or employee of that corporation customarily in responsible charge of the 
surveying work of that corporation within this State is licensed under this chapter; or 
4.  Unlicensed person.  A person working under the responsible charge of a 
professional land surveyor. 
§18204.  Penalties 
1.  Unlicensed practice.  A person who violates section 18202 is subject to the 
provisions of Title 10, section 8003-C. 
§18205.  Civil actions 
A person or entity may not bring or maintain any action in the courts of the State for 
the collection of compensation for land surveying services without first proving that the 
person performing the land surveying was properly licensed by the board at the time the 
cause of action arose. 
SUBCHAPTER 2 
BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS 
§18211.  Board of licensure for professional land surveyors 
1.  Establishment.  The Board of Licensure for Professional Land Surveyors is 
established within the department pursuant to Title 5, section 12004-A, subsection 21 to 
carry out the purposes of this chapter. 
2.  Members.  The board consists of 7 members appointed by the Governor.  Each 
member must be a resident of this State.  The board consists of: 
A.  Two public members as defined in Title 5, section 12004-A; and 
B.  Five members who hold valid professional land surveyor licenses and have been 
licensed as professional land surveyors for at least 10 years immediately prior to 
appointment to the board. 
3.  Terms; removal.  Terms of the members of the board are for 5 years.  
Appointments of members must comply with Title 10, section 8009. Members may be 
removed by the Governor for cause. 
4.  Meetings; chair; quorum.  The board shall meet at least once a year to conduct 
its business and to elect a chair.  Additional meetings must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
majority of the board members.  Four members of the board constitute a quorum. 
§18212.  Rules 
The board may establish guidelines and rules by which this chapter is administered, 
including adopting a code of conduct and standards of practice.  Except where otherwise 
indicated, rules adopted pursuant to this chapter are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
§18213.  Duties and powers 
The board shall administer and enforce this chapter and evaluate the qualifications of 
applicants for licensure. 
§18214.  Denial or refusal to renew license; disciplinary action 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
paragraph A, the board may deny a license, refuse to renew a license or impose the 
disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for suspension 
or revocation in any state of a professional or occupational license, certification or 
registration for disciplinary reasons or rejection of any application for reasons related to 
untrustworthiness. 
SUBCHAPTER 3 
LICENSURE; SCOPE; ADMINISTRATION 
§18221.  General qualifications 
An applicant for licensure under this chapter: 
1.  Application.  Shall submit an application to the board together with the fee as set 
under section 18229; and 
2.  Age.  Must be at least 18 years of age at the time of application. 
§18222.  License limited to persons 
Only a person may be licensed under this chapter.  A firm, company, partnership, 
limited liability company or corporation may practice or offer to practice land surveying 
as long as the practice of land surveying is performed by a professional land surveyor 
licensed in this State. 
§18223.  Land surveyor-in-training 
1.  Scope of practice.  A land surveyor-in-training license entitles the holder to 
perform land surveying services under the responsible charge of a professional land 
surveyor. 
2.  Professional qualifications.  Each applicant for a land surveyor-in-training 
license must pass an examination approved by the board and meet one of the following 
qualifications: 
A.  Hold a bachelor's degree or higher from a program that includes a minimum 
surveying core curriculum approved by the board; 
B.  Hold an associate's degree from a program that includes a minimum surveying 
core curriculum approved by the board and demonstrate 2 years of surveying 
experience acceptable to the board; 
C.  Successfully complete a minimum surveying core curriculum approved by the 
board and demonstrate 6 years of surveying experience acceptable to the board; or 
D.  Demonstrate 7 years of surveying experience acceptable to the board. 
§18224.  Professional land surveyor 
1.  Scope of practice.  A professional land surveyor license entitles the holder to 
perform land surveying services. 
2.  Professional qualifications.  An applicant for a professional land surveyor license 
must: 
A.  Be a land surveyor-in-training in this State or hold a license from another 
jurisdiction with qualifications similar to those required for a land surveyor-in-
training under section 18223, and have a specific record of 2 additional years of 
progressive combined office and field experience acceptable to the board; and 
B.  Successfully pass an examination approved by the board. 
§18225.  Continuing education required for professional land surveyors 
As a prerequisite to renewal of a professional land surveyor license, the applicant 
must complete continuing education as set forth by rules adopted by the board. 
§18226.  Seals; stamps 
1.  Seal; design; final documents; alteration; official notice.  A professional land 
surveyor shall obtain a seal of the design authorized by the board by rule. 
A.  All final documents, including plans, descriptions, reports, maps, plats or other 
drawings must be signed and sealed by the issuing professional land surveyor, as 
prescribed in the rules of the board. 
B.  If an item bearing the seal of a professional land surveyor is altered, the altering 
professional land surveyor's seal and signature must be affixed with the notation 
"altered by," the date and a specific description of the alteration. 
C.  An official of this State, or of any city, county, town or village in the State, 
charged with the enforcement of laws, rules, ordinances or regulations may not 
accept or approve any plans or other documents prepared within the meaning and 
intent of this chapter that are not sealed and signed by the professional land surveyor 
under whose responsible charge they were completed. 
§18227.  Applicants licensed in another jurisdiction 
An applicant who is licensed, in good standing, under the laws of another jurisdiction 
may qualify for licensure under this chapter by submitting evidence satisfactory to the 
board that the applicant has met all of the qualifications for licensure equivalent to those 
set forth by this chapter for that level of licensure.  The applicant may be required to take 
examinations as the board determines necessary to determine the applicant's 
qualifications. 
§18228.  Renewal 
A license expires on the date set by the commissioner pursuant to Title 10, section 
8003, subsection 4 for the licensing period for which the license was issued. A renewal 
license is issued for each ensuing licensing period in the absence of any reason or 
condition that might warrant the refusal to grant a license, upon receipt by the board of 
the written request of the applicant and the fee for the license as set under section 18229 
and upon the applicant's presenting evidence of compliance with the requirements of 
section 18225. 
Licenses may be renewed up to 90 days after the date of expiration upon payment of 
a late fee as set under section 18229 in addition to the renewal fee as set under section 
18229. A person who submits an application for renewal more than 90 days after the 
licensure renewal date is subject to all requirements governing new applicants under this 
chapter, including a late fee, renewal fee and additional late fee as set under section 
18229, except that the board may waive examination, giving due consideration to the 
protection of the public. 
§18229.  Fees 
The Director of the Office of Professional and Occupational Regulation within the 
Department of Professional and Financial Regulation may establish by rule fees for 
purposes authorized under this chapter in amounts that are reasonable and necessary for 
their respective purposes, except that the fee for any one purpose may not exceed $350. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.  
SUBCHAPTER 4 
RIGHT OF ENTRY 
§18231.  Right of entry for professional land surveyor performing land surveying 
services 
When performing land surveying services at the request of a landowner or person 
with an interest in real estate, a professional land surveyor and the surveyor's assistant 
may, without the consent of the owner or person in possession, enter upon or cross any 
lands necessary to perform land surveying services.  
1.  No authority to intentionally damage or move object.  Nothing in this section 
may be construed as giving authority or license to a professional land surveyor or the 
surveyor's assistant to intentionally destroy, injure, damage or move any object, chattel or 
item on the lands of another without the permission of the owner. 
2.  Civil liability for actual damage.  This section may not be construed to remove 
civil liability for actual damage to land, chattel, crops or personal property. 
3.  No authority to enter building used as residence or for storage.  This section 
may not be construed to give a professional land surveyor or the surveyor's assistant the 
authority to enter any building or structure used as a residence or for storage. 
4.  Reasonable effort to notify landowners.  A professional land surveyor shall 
make reasonable effort to notify a landowner upon whose land it is necessary for the 
professional land surveyor to enter or cross. Notice provided as follows meets the 
requirement of this subsection: 
A.  Written notice delivered by hand to the landowner or to the residence of the 
landowner upon whose land the surveyor may enter or cross, delivered at least 24 
hours prior to the surveyor's entering the land; or 
B.  Written notice mailed by first class mail to the landowner upon whose land the 
surveyor may enter or cross, postmarked at least 5 days prior to the surveyor's 
entering the land. The surveyor may rely on the address of the landowner as 
contained in the municipal property tax records or their equivalent. 
5.  Owner or occupant of land; duty of care; liability.  The duty of care an owner 
or occupant of land owes to the professional land surveyor and the surveyor's assistant is 
the same as that owed a trespasser. 
6.  Professional land surveyor and assistant identification.  A professional land 
surveyor and the surveyor's assistant shall carry means of proper identification as to their 
licensure or employment and shall display this identification to anyone requesting 
identification. 
7.  Compliance with safety regulations.  A professional land surveyor and the 
surveyor's assistant shall comply with all federal and state safety rules and regulations 
that apply to the land that they enter or cross pursuant to this section. 
Sec. 6.  Effective date.  This Act takes effect January 1, 2014. 
SUMMARY 
This bill is a recodification of the existing licensing law for professional land 
surveyors.  A recodification reorganizes existing provisions for purposes of clarity and 
efficiency.  The only new provisions permit a land surveyor-in-training from another 
jurisdiction to qualify for a similar license in Maine and it replaces the current statutory 
requirement for continuing education with authority for the Board of Licensure for 
Professional Land Surveyors to adopt continuing education standards by rule.