Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.11 - Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats › Rule 24.183.1104 - UNIFORM STANDARDS FOR CERTIFICATES OF SURVEY

Current through Register Vol. 13, July 5, 2024
(1) A certificate of survey must comply with
				the following requirements:
(a) A certificate
				of survey must be legibly drawn with permanent black ink or printed or
				reproduced by a process guaranteeing a permanent record and must be 18 inches
				by 24 inches or 24 inches by 36 inches. Margins must be a minimum 1/2-inch on
				all sides, or as required by the filing office.
(b) One original on three mil or heavier
				matte stable-base polyester film or equivalent and/or one original on 24# white
				bond paper or equivalent must be submitted, or on such medium as required by
				the filing office.
(c) If more than
				one sheet must be used to adequately depict the land surveyed, each sheet must
				show the number of that sheet and the total number of sheets included. All
				certifications must be placed on sheet number one of the certificate of
				survey.
(d) A certificate of survey
				must show or contain the following information:
(i) a title or title block including the
				quarter-section, section, township, range, principal meridian, county, and if
				applicable, city or town in which the surveyed land is located. Except as
				provided in (1)(f)(v), a certificate of survey must not contain the title
				"plat," "subdivision," or any title other than "Certificate of
				Survey";
(ii) the name(s) of the
				person(s) who commissioned the survey, the name(s) of the owner(s) of the land
				surveyed, if other than the person(s) commissioning the survey, the names of
				any adjoining plats, and the numbers of any adjoining certificates of survey
				previously filed;
(iii) the date
				the survey was completed and a brief explanation of why the certificate of
				survey was prepared, such as to create a new parcel, retrace a section line, or
				retrace an existing parcel of land;
(iv) a north arrow;
(v) a scale bar. The scale of the certificate
				of survey must be sufficient to legibly represent the required information and
				data on the certificate of survey;
(vi) the location of, and other information
				relating to all monuments found, set, reset, replaced, or removed as required
				by ARM 24.183.1101;
(A) If additional monuments are to be set
				after the certificate of survey is filed, the location of these monuments must
				be shown by a distinct symbol, and the certificate of survey must contain a
				certification by the land surveyor as to the reason the monuments have not been
				set and the date by which they will be set, as required by ARM
				24.183.1101(1)(d).
(B) All monuments found during the survey
				that influenced the position of any corner or boundary indicated on the
				certificate of survey must be clearly shown as required by ARM
				24.183.1101(1)(c).
(C) Witness and reference monuments must be
				clearly shown.
(vii) the
				location of any section corner or corners of divisions of sections the land
				surveyor deems to be pertinent to the survey or was used as a control in the
				survey;
(viii) basis of bearing.
				For purposes of this rule, the term "basis of bearing" means the land
				surveyor's statement as to the origin of the bearings shown on the certificate
				of survey. If the basis of bearing(s) refers to two previously monumented
				points in a previously filed survey document, then the two previously
				monumented points must be shown and described on the certificate of survey, the
				line marked by the two previously monumented points must be labeled "basis of
				bearing," and the previously filed survey document name or number must be cited
				in the land surveyor's statement as to the origin of the bearing(s). If the
				certificate of survey shows true bearings, the basis of bearing must describe
				the method by which these true bearings were determined;
(ix) the bearings, distances, and curve data
				of all boundary lines and all control or pertinent lines used to determine the
				boundaries of the parcel(s) surveyed. If the parcel surveyed is bounded by an
				irregular shoreline or a body of water that is a riparian boundary, the
				bearings and distances of a meander traverse generally paralleling the riparian
				boundary must be given;
(A) The courses along
				a meander line are shown solely to provide a basis for calculating the area of
				a parcel that has one or more riparian boundaries as the parcel existed at the
				time of survey.
(B) For purposes of
				this rule, a line that indicates a fixed boundary of a parcel is not a
				"meander" or "meander line" and may not be designated as one.
(C) If a boundary, control, or pertinent line
				contains multiple segments of the whole, then the overall distance must be
				shown, and each segment must at least include distance.
(x) data on all curves sufficient to enable
				the reestablishment of the curves on the ground. For circular curves, the data
				must at least include radius and arc length, and either delta angle, radial
				bearings, or chord bearing and distance. All non-tangent points of intersection
				on the curve must show either the bearings of radial lines or chord length and
				bearing. Non-tangent curves must be so labeled;
(xi) lengths of all lines shown to at least
				tenths of a foot, and all angles and bearings shown to at least the nearest
				minute. Distance measurements must be stated in English units, but their metric
				equivalents, shown to the nearest hundredth of a meter, may be noted
				parenthetically;
(xii) at least one
				record measurement reference for each line and curve, if available, must be
				shown;
(xiii) a narrative legal
				description of the parcel(s) surveyed.
(A)
				The land surveyor, at his or her discretion, may choose the form of the
				narrative legal description as follows:
(I)
				If the parcel surveyed is either an aliquot part of a U.S. government section
				or a U.S. government lot, the narrative legal description may be the aliquot
				part or the government lot description of the parcel;
(II) If the certificate of survey depicts the
				division of one or more parcels shown on a previously filed certificate of
				survey, the narrative legal description may be the number of the previously
				filed certificate of survey and the parcel number of the parcel(s) previously
				surveyed;
(III) If the certificate
				of survey depicts the retracement of one or more parcels shown on a previously
				filed certificate of survey, plat, or amended plat, the narrative legal
				description may be the number of the previously filed certificate of survey or
				the name of the previously filed plat or amended plat, and the parcel number of
				the parcel(s) previously surveyed;
(IV) If the survey creates or retraces one or
				more parcels, the narrative legal description may be either the
				metes-and-bounds description of each individual parcel created by the survey or
				the metes-and-bounds description of the perimeter boundary of the parcels
				surveyed; or
(V) If the narrative
				legal description does not fall within (1)(d)(xiii)(A)(I), (II), or (III), then
				the narrative legal description required by this subsection must conform with
				(1)(d)(xiii)(A)(IV).
(B)
				When the narrative legal description is metes-and-bounds, the point of
				beginning, which is also the point of closure of the legal description of the
				parcel surveyed, must be labeled "Point of Beginning." Alternatively, the point
				of beginning may be labeled "POB" if the abbreviation is defined on the
				certificate of survey.
(C) The
				requirement of this rule does not apply to certificates of survey that depict a
				partial retracement of the boundaries of an existing parcel or establish the
				location of lines or corners that control the location of an existing
				parcel.
(xiv) all
				parcels created or retraced by the certificate of survey designated by number
				or letter, and the bearings, distances, curve data, and area of each parcel,
				except as provided in (1)(f)(iii). If a parcel created by the certificate of
				survey is identifiable as a 1/32 or larger aliquot part of a U.S. government
				section or as a U.S. government lot, it may be designated by number or letter
				or by its aliquot part or government lot identification;
(xv) the location, bearings, distances, and
				curve data of any easement that will be created by reference to the certificate
				of survey;
(xvi) the dated
				signature and the seal of the land surveyor responsible for the survey. The
				land surveyor's signature certifies that the certificate of survey has been
				prepared in conformance with the applicable sections of the Montana Subdivision
				and Platting Act and the regulations adopted under the Act;
(xvii) a memorandum of any oaths administered
				under
				76-3-405,
				MCA;
(xviii) if applicable, the
				certificate of the examining land surveyor; and
(xix) space for the clerk and recorder's
				filing information.
(e)
				Certificates of survey that do not represent a division or aggregation of land,
				such as those depicting the retracement of an existing parcel and those
				prepared for informational purposes, must contain a statement as to their
				purpose and must meet applicable requirements of this rule for form and
				content. If the purpose of a certificate of survey is stated as a retracement
				or partial retracement, and if multiple tracts of record contained within the
				parcel's perimeter boundary on the certificate of survey are not individually
				shown, then the certificate of survey does not expunge the tracts of record
				unless it conforms to (1)(f)(iv) and contains the acknowledged certificate of
				the property owner(s) citing the applicable exemption in its
				entirety.
(f) Procedures for
				divisions of land exempted from review as subdivisions. If one or more parcels
				on a certificate of survey is created by an exemption from subdivision review
				under
				76-3-207,
				MCA, then, except as provided in (1)(f)(iii) and (iv), the certificate of
				survey must establish the boundaries of the exemption parcel(s). The
				certificate of survey is not required to establish, but may establish, the
				exterior boundaries of the remaining portion of the parent tract of land.
				However, the certificate of survey must show portions of the existing unchanged
				boundaries sufficient to identify the location and extent of the exemption
				parcel to be created. Unsurveyed portions of the parent tract of land must be
				labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS
				CERTIFICATE OF SURVEY". The certificate of survey must contain the acknowledged
				certificate of the property owner stating that the division of land is exempt
				from review as a subdivision and cite the applicable exemption in its entirety.
				The certificate of survey must meet the following requirements:
(i) If the exemption relied upon requires
				that the property owner enter into a covenant running with the land, the
				certificate of survey may not be filed unless it shows or contains a signed and
				acknowledged recitation of the covenant in its entirety.
(ii) If a certificate of survey invokes the
				exemption for gift(s) or sale(s) to members of the landowner's immediate
				family, the certificate of survey must indicate the name of the proposed
				grantee, the relationship of the grantee to the landowner, and the parcel to be
				conveyed to the grantee.
(iii) If a
				certificate of survey invokes the exemption for the relocation of common
				boundary line(s):
(A) The certificate of
				survey must contain the signatures of all landowners whose tracts of record
				will be altered by the proposed relocation. The certificate of survey must show
				that the exemption was used only to change the location of a boundary line or
				lines common to two or more tracts of record, and must clearly distinguish the
				prior boundary location or locations (shown, for example, by dashed or broken
				line(s) with a notation) from the new boundary location or locations (shown,
				for example, by solid line(s) with a notation);
(B) The certificate of survey must show the
				boundaries of the area that is being removed from one tract of record and
				joined with another tract of record. The certificate of survey is not required
				to establish, but may establish, the exterior boundaries of the resulting
				tracts of record. However, the certificate of survey must show portions of the
				existing unchanged boundaries sufficient to clearly identify both the location
				and the extent of the boundary relocation. Unsurveyed portions of the tracts of
				record must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT
				INCLUDED IN THIS CERTIFICATE OF SURVEY"; and
(C) The certificate of survey must contain
				the following notation: "The area that is being removed from one tract of
				record and joined with another tract of record is not itself a tract of record.
				Said area shall not be available as a reference legal description in any
				subsequent real property transfer after the initial transfer associated with
				the [certificate of survey or amended plat] on which said area is described,
				unless said area is included with or excluded from adjoining tracts of
				record."
(iv) If a
				certificate of survey invokes the exemption for aggregation of parcels or lots:
(A) The certificate of survey must contain
				the signatures of all landowners whose tracts of record will be altered by the
				proposed aggregation. The certificate of survey must show that the exemption
				was used only to eliminate a boundary line or lines common to two or more
				tracts of record, and must clearly distinguish the prior boundary location or
				locations (shown, for example, by dashed or broken line(s) with a notation)
				from the new perimeter boundary location or locations (shown, for example, by
				solid line(s) with a notation); and
(B) The certificate of survey must establish
				the perimeter boundary of the resulting tract(s) of record.
(v) A survey document that
				modifies lots on a filed plat and invokes an exemption from subdivision review
				under
				76-3-201
				or
				76-3-207(1)(d),
				(e), or (f), MCA, must be entitled "amended
				plat of [lot, block, and name of subdivision being amended]," but for all other
				purposes must comply with the requirements for form and descriptive content of
				certificates of survey contained in this rule.
(vi) If the certificate of survey invokes an
				exemption from subdivision review under
				76-3-207,
				MCA, the certificate of survey must contain or be accompanied by a
				certification by the county treasurer that all real property taxes and special
				assessments assessed and levied on the surveyed land have been paid.
(vii) For purposes of this rule, when the
				parcel of land for which an exemption from subdivision review is claimed is
				being conveyed under a contract-for-deed, the terms "property owner,"
				"landowner," and "owner" mean the seller of the land under the
				contract-for-deed.
(g)
				The land surveyor, at his or her discretion, may provide additional information
				on the certificate of survey regarding the survey.
(h) Procedures for filing certificates of
				survey of divisions of land entirely exempted from the requirements of the
				Montana Subdivision and Platting Act. The divisions of land described in
				76-3-201,
				76-3-205,
				and
				76-3-209,
				MCA, and divisions of federally owned land made by a U.S. government agency are
				not required to be surveyed, nor must a certificate of survey or plat showing
				these divisions be filed with the clerk and recorder. However, a certificate of
				survey of one of these divisions may be filed with the clerk and recorder if
				the certificate of survey meets the requirements for form and content for
				certificates of survey contained in this rule, and contains a certificate of
				all the landowners citing the applicable exemption from the Act in its
				entirety, or when applicable, that the land surveyed is owned by the federal
				government. The certificate of survey must establish the boundaries of the
				exemption parcel(s). The certificate of survey is not required to establish,
				but may establish, the exterior boundaries of the remaining portion of the
				parent tract of land. However, the certificate of survey must show portions of
				the existing unchanged boundaries sufficient to identify the location and
				extent of the exemption parcel to be created. Unsurveyed portions of the parent
				tract of land must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or
				"NOT INCLUDED IN THIS CERTIFICATE OF SURVEY."