New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 39 - ENGINEERING AND SURVEYING PRACTITIONERS › Part 5 - SURVEYING-APPLICATIONS, EXAMINATIONS, PRACTICE OF SURVEYING, SEAL OF LICENSEE › Section 16.39.5.10 - PRACTICE OF SURVEYING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person or any business entity shall not advertise or offer to practice
				surveying work or accept such work unless that person or a member of the
				business entity is licensed by the board and is legally able to bind that
				business entity by contract.
B.
				Neither persons nor business entities shall circumvent these rules.
C. Nothing in this section is intended to
				prevent the existence of an association of professionals in different
				disciplines.
D. The board will
				consider the use of the terms, "surveyor", "surveying" or any modification or
				derivative of such terms, in the title of a firm or business entity to
				constitute the offering of surveying services. The board also considers the use
				of these terms or any modification or derivative of such terms in a domestic
				corporation's articles of incorporation or in a foreign corporation's
				certificate of authority as published by the New Mexico's secretary of state to
				constitute the offering of surveying services.
E. In the case of practice through a business
				entity offering or providing services or work involving the practice of
				surveying, an authorized company officer and the professional surveyor who is
				employed by the business entity and in responsible charge shall place on file
				with the board a signed affidavit within 30 days, as prescribed by board rule.
				The affidavit shall be kept current, and, if there is any change in the
				professional surveyor or authorized company officer, the affidavit shall be
				revised within 30 days and resubmitted to the board.
F. Inclusions and exclusions to the practice
				of surveying.
Land surveying does not encompass work products which
				  represent only a generalized location of a feature, object, or boundary upon
				  which the public would not reasonably rely as the precise location of that
				  feature, object, or boundary.
(1)
				Activities included within the practice of surveying activities that must be
				accomplished by or under the responsible charge of a professional surveyor
				(unless specifically exempted in Subsection B of this Section) include, but are
				not limited to, the following:
(a) The
				creation of maps and georeferenced databases representing authoritative
				locations for boundaries, the location of fixed works, or topography. This
				includes maps and georeferenced databases prepared by any person or government
				agency where that data is provided to the public as a survey product.
(b) Original data acquisition, or the
				resolution of conflicts between multiple data sources, when used for the
				authoritative location of features within the following data themes: geodetic
				control, orthoimagery, elevation and hydrographic, fixed works, private and
				public boundaries, and cadastral information.
(c) Certification of positional accuracy of
				maps or measured survey data.
(d)
				Adjustment or authoritative interpretation of raw survey data.
(e) Geographic information system (GIS)-based
				parcel or cadastral mapping used for authoritative boundary definition purposes
				wherein land title or development rights for individual parcels are, or may be,
				affected.
(f) Authoritative
				interpretation of maps, deeds, and other land title documents to resolve
				conflicting data elements.
(g)
				Acquisition of field data required to authoritatively position fixed works or
				cadastral data relative to geodetic control.
(h) Analysis, adjustment or transformation of
				cadastral data of the parcel layers with respect to the geodetic control layer
				within a geographic information system (GIS) resulting in the affirmation of
				positional accuracy.