Q: Is it necessary to retain a PLS to conduct a field search for monuments prior to the preparation of construction documents or plans by an engineer?

A: The answer is yes. The requirements are in Chapter 55-1613. These requirements have existed in some form since 1978 and have been amended several times with the current version as it was revised in 2011.

Q: What if I find a discrepancy in another Surveyor’s work?

A: Another question that is frequently addressed by the Board and staff deals with the discovery of a problem in the work of another professional. This is addressed in IDAPA 24.31.01.100.04 Obligation to Communicate Discovery of Discrepancy and IDAPA 24.32.01.100.06 Obligation to Affected Landowners. The rules, as revised in 2019, read as follows: IDAPA 24.32.01.100.04 Obligation to Communicate Discovery of Discrepancy
“Except as provided in the Idaho Rules of Civil Procedure 26(b)(4)(B), if a Licensee or Certificate Holder, during the course of his work, discovers a material discrepancy, error, or omission in the work of another Licensee or Certificate Holder, which may impact the health, property and welfare of the public, the discoverer shall make a reasonable effort to inform the Licensee or Certificate Holder whose work is believed to contain the discrepancy, error or omission. Such communication shall reference specific codes, standards or physical laws which are believed to be violated and identification of documents which are believed to contain the discrepancies. The Licensee or Certificate Holder whose work is believed to contain the discrepancy shall respond within twenty (20) calendar days to any question about his work raised by another Licensee or Certificate Holder. In the event a response is not received within twenty (20) days, the discoverer shall notify the License or Certificate Holder in writing, who shall have another twenty (20) days to respond. Failure to respond (with supportable evidence) on the part of the Licensee or Certificate Holder whose work is believed to contain the discrepancy shall be considered a violation of these rules and may subject the Licensee or Certificate Holder to disciplinary action by the Board. The discoverer must notify the Board in the event a response that does not answer the concerns of the discoverer is not obtained within the second twenty (20) days. A Licensee or Certificate Holder is exempt from this requirement if their client is an attorney and they are being treated as an expert witness. In this case the Idaho Rules of Civil Procedure apply”
And IDAPA 24.32.01.100.06 Obligation to Affected Landowners “Land Surveyors have a duty to set monuments at the corners of their client’s property boundaries in compliance with 54-1227, Idaho Code. Per Subsection 100.04 above, land surveyors also have a duty to notify other licensees of a material discrepancy prior to setting monuments that represent a material discrepancy with a prior survey. If a monument is to be set at a location that represents a material discrepancy with an existing monument at any corner of record, land surveyors must also notify in writing all affected adjoining land owners and the Board prior to setting the new monument.”
The provisions are intended to outline a process that encourages resolution of discrepancies where possible. The most notable changes in 2019 is the addition of landowner notification and the return of the affirmative requirement to notify the board of unresolved discrepancies. Some have suggested the rule does not apply if you simply avoid setting a monument at the corner in dispute. This tactic creates potential violations of 54-1227 and IDAPA 24.32.1.B100.06. 

Q: Elevation Certificates- can engineers and surveyors sign and seal?

A: See 54-1202 (11) & (12). Engineering work involves designing and certifying plans for roads, sewers, water, grading and drainage, hydrologic studies and the determination of the base flood elevation (where FEMA did not have a published BFE and an engineer probably did the BFE for the mapping). All of these plans and studies required the engineer to certify elevations.
Surveyors performed and certified topographic surveys, bench mark networks, elevations of buildings & radio towers, surveys for engineering design and FEMA elevation certificates. When surveyors stamped these drawings or reports, they were certifying elevations.
The code was amended in 2012 to allow both engineers and land surveyors to certify elevations.
The amendment codified what was already being practiced. It does not encourage working beyond a licensee’s area of expertise or allow anything that was not already being done. It does not direct an engineer to perform surveys for FEMA elevation certificates, nor does it direct a surveyor to do hydrologic studies or road, drainage and sewer plans.

Q: Do you need a PLS (or COA for company) to do aerial surveys with drones?

A: See the attached letter clarifying drone use Drone Use Letter.

Q: What if a licensee prepares an ALTA survey that does not meet the ALTA minimum standards?

A: While the board does not enforce rules and standards set by private entities, the Rules of Professional Responsibility place several requirements on licensees. The pertinent rules read as follows: IDAPA 24.32.01.102.007 PUBLIC STATEMENTS.
01. Reports, Statements or Testimony. A Licensee or certificate holder must not commit fraud, violate the standard of care, or engage in deceit or misconduct in professional reports, statements or testimony. Each licensee or certificate holder must include all relevant and pertinent information in such reports, statements or testimony and will express opinions in such reports, statements or testimony in accordance with the standard of care.
02. Opinions Based on Adequate Knowledge. A Licensee or Certificate Holder, when serving as an expert or technical witness before any court, commission or other tribunal, may express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of his testimony.
If the licensee prepares an ALTA Survey (or other professional product) that fails to meet the standard of care or is based on inadequate knowledge they are subject to discipline. That includes falsely or incorrectly certifying adherence to other standards.

Q: Do I need to seal a legal description I prepare for a Client as a Professional Land Surveyor?

A: This was addressed in the Agency Guidance Document AGC-2 for Land Surveyors.

Q: Is it acceptable to place the CFedS seal on state authority surveys and documents?

A: This guidance and related information is posted on our website at: https://idwr.idaho.gov/floods/

The guidance may be of interest to many of your members who work with irrigation entities or floodplain development and permitting issues within local NFIP participating communities. A brief summary of the issue:

In 2019, the State of Idaho, working through the Idaho Department of Water Resources (IDWR), issued guidance on permitting low-to-no impact irrigation and drainage development within special flood hazard areas (SFHAs). The term “development” is defined broadly and similarly in both the National Flood Insurance Program (NFIP) regulations and Idaho law. However, Idaho Code § 46-1021(1) states that “the term ‘development’ does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works.” Further, Idaho Code § 46-1022 specifies that local “floodplain zoning ordinances shall not regulate the operation, cleaning, maintenance or repair” of irrigation and drainage ditches and works. Federal law does not similarly exclude the operation, cleaning, maintenance, or repair (“OCMR”) of irrigation and drainage ditches and works from the definition of development activities. FEMA has advised the State of Idaho that its statutory definition of “development” is not consistent with Federal law, and that a blanket exclusion of OCMR related activities could result in some development activity going un-permitted. In response to this concern, Idaho issued NFIP Irrigation Guidance (Guidance) to clarify permitting requirements for irrigation and drainage development activities in SFHAs.
A copy of the IDWR guidance and other pertinent information may be found at: https://idwr.idaho.gov/floods/.

Q: As a Professional Land Surveyor, what do I have to do on a Condominium project at a minimum?

A: This was addressed in the Boards June 2008 Bulletin, page 3, where this appeared:
BOARD EXPRESSES OPINION ON INVOLVEMENT OF SURVEYORS IN CONDOMINIUMS
The Board reviewed an inquiry from Larry J. Hodge, P.E./L.S. in which he asked the Board “I’m wondering if you could enlighten me on how you think the surveying world, including the Board, has come to the conclusion that condo plats must be done by a PLS.” The Board responded that it relies upon Idaho Code Section 55-1527 which states
“55-1527. ZONING LAWS APPLIED WHERE NOT INCONSISTENT. Except where inconsistent with the provisions or purposes of this act, state and local laws relating to plats, recording, subdivisions or zoning shall apply to condominiums and to projects as herein defined.”
The Board also relied on Idaho Code Section 50-1309, which states, in pertinent part, “The professional land surveyor making the survey shall certify the correctness of said plat and he shall place his seal, signature and date on the plat.”