A BILL TO BE ENTITLED
AN ACT to allow a limited right of entry for professional land surveyors in certain circumstances and to create a limited license for professional land surveyors.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Chapter 89C of the General Statutes is amended by adding a new section to read:
"§ 89C‑19.2.  Limited right of entry by professional land surveyors.
(a)	A professional land surveyor licensed under this Chapter shall have the right to enter upon the lands of others, if necessary to perform surveys for the practice of land surveying, including the location of property corners, boundary lines, rights‑of‑way, and easements, and may carry with them their customary equipment and vehicles. An entry by a professional land surveyor to perform the practice of land surveying under this section shall not constitute trespass under Article 22A or 22B of Chapter 14 of the General Statutes or shall cause the professional land surveyor to be subject to arrest or a civil action by reason of the entry.
(b)	Nothing in this section shall be construed as giving authority to a professional land surveyor to destroy, injure, damage, or move anything on the lands of another without the written permission of the landowner or any civil liability incurred from those actions.
(c)	A professional land surveyor shall make reasonable efforts to notify adjoining landowners upon whose land it is necessary to enter.
(d)	No landowner whose land a professional land surveyor enters under this section shall be liable for any injury or damage sustained by that professional land surveyor entering upon the landowner's land under this section.
(e)	Nothing in this section shall be construed as to give authority to a professional land surveyor to enter lands traversed by an operating railroad or properties owned, held, used, or operated by a railroad or their subsidiaries.
(f)	Nothing in this section shall be construed as to give authority to a professional land surveyor to enter lands containing critical infrastructure or critical infrastructure facilities.
(g)	For the purposes of this section, the following terms are defined as follows:
(1)	Critical infrastructure. – As defined in 42 U.S.C. § 5195c.
(2)	Critical infrastructure facilities. – Critical infrastructure that is completely enclosed by a fence or other physical barriers that is obviously designed to exclude intruders or clearly marked with a sign or signs posted on the property that are reasonably likely to come to the attention of a person and indicate that entry is forbidden without site authorization.
(3)	Professional land surveyor. – As defined in G.S. 89C‑3, including any agents, employees, or personnel under their supervision."
SECTION 1.(b)  This section becomes effective October 1, 2023, and applies to acts on or after that date.
SECTION 2.(a)  G.S. 89C‑13(b) reads as rewritten:
"(b)	Land Surveyor Applicant. – The evaluation of a land surveyor applicant's qualifications shall involve a consideration of the applicant's education, technical, and land surveying experience, exhibits of land surveying projects with which the applicant has been associated, and recommendations by references. The land surveyor applicant's qualifications may be reviewed at an interview if the Board determines it necessary. Educational credit for institute courses, correspondence courses, or other courses shall be determined by the Board.
The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional land surveyor:
(1)	Repealed by Session Laws 2022‑1, s. 1(b), effective July 1, 2022, and applicable to applications for licensure on or after that date.
(1a)	To be licensed as a professional land surveyor, an applicant shall (i) be of good character and reputation, (ii) submit five character references to the Board, three of whom are professional land surveyors or individuals acceptable to the Board, with personal knowledge of the applicant's land surveying experience, (iii) comply with the requirements of this Chapter, and (iv) meet one of the following requirements:
a.	Rightful possession of a bachelor of science degree in surveying or other equivalent curricula, all approved by the Board and a record satisfactory to the Board of two years or more of progressive practical experience under a practicing professional land surveyor. Upon passing the first examination (Fundamentals of Land Surveying) and the second examination (Principles and Practice of Land Surveying) and satisfactorily passing any oral and written examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying, an applicant who successfully completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
b.	Rightful possession of an associate degree in surveying technology approved by the Board and a record satisfactory to the Board of five years or more of progressive practical experience under a practicing professional land surveyor. Upon passing the first examination (Fundamentals of Land Surveying) and the second examination (Principles and Practice of Land Surveying) and satisfactorily passing any oral and written examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying, an applicant who successfully completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
c.	Repealed by Session Laws 1998‑118, s. 11.
d.	Graduation from a high school or the completion of a high school equivalency certificate and a record satisfactory to the Board of nine years or more of progressive practical experience under a practicing professional land surveyor. Upon passing the first examination (Fundamentals of Land Surveying) and the second examination (Principles and Practice of Land Surveying) and satisfactorily passing any oral and written examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying, an applicant who successfully completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
d1.	Graduation from a high school or the completion of a high school equivalency certificate, completion of a Land Surveyor Apprenticeship, and a record satisfactory to the Board of seven years or more of progressive practical experience under a practicing professional land surveyor. Upon passing the first examination (Fundamentals of Land Surveying) and the second examination (Principles and Practice of Land Surveying) and satisfactorily passing any oral and written examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying, an applicant who successfully completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
d2.	Current possession of a limited license and at least two and one‑half years of progressive practical experience with a limited license. Upon passing the first examination (Fundamentals of Land Surveying) and the second examination (Principles and Practice of Land Surveying) and satisfactorily passing any oral and written examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying, an applicant who successfully completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
…
(1b)	To receive a limited license as a professional land surveyor, an applicant shall (i) be of good character and reputation, (ii) submit five character references to the Board, three of whom are professional land surveyors or individuals acceptable to the Board, with personal knowledge of the applicant's land surveying experience, (iii) comply with the requirements of this Chapter, and (iv) meet one of the following requirements:
a.	Rightful possession of an associate degree in surveying technology approved by the Board.
b.	Passage of the State‑specific exam offered by the Board.
c.	At least one and one‑half years of progressive practical experience in land surveying.
(2)	Repealed by Session Laws 2013‑98, s. 2 effective June 12, 2013.
The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible evidence of land surveying work executed by the applicant under proper supervision and which the applicant has personally accomplished or supervised.
Land surveying encompasses a number of disciplines including geodetic surveying, hydrographic surveying, cadastral surveying, engineering surveying, route surveying, photogrammetric (aerial) surveying, and topographic surveying. A professional land surveyor shall practice only within the surveyor's area of expertise. If a professional land surveyor possesses a limited license under this Chapter, the surveyor shall only practice in subdivisions consisting of 10 individual lots or less or conduct a perimeter survey of any tract of land.
The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible evidence of land surveying work executed by the applicant under proper supervision and which the applicant has personally accomplished or supervised."
SECTION 2.(b)  This section becomes effective October 1, 2023, and applies to applications on or after that date.
SECTION 3.  The North Carolina State Board of Examiners for Engineers and Surveyors shall adopt temporary rules to implement the provisions of this act.
SECTION 4.  Except as otherwise provided, this act is effective when it becomes law.