At its March 24, 2022 Board meeting, the Board of Registration of Professional Engineers and Professional Land Surveyors agreed to language to clarify whether a PE can certify a site plan or an as-built plan which references and/or utilizes a property line determination that was previously completed by a Professional Land Surveyor (PLS). This language was added to their FAQ section on their web pages. More information below:
Full FAQs from the Board of Registration of Professional Engineers and Professional Land Surveyors are here
Can a Professional Engineer (PE) certify[1] a site plan or an as-built plan which references and/or utilizes a property line determination that was previously completed by a Professional Land Surveyor (PLS)?
Answer: No.
Although state law allows a PE qualified in civil engineering to perform land surveying work incidental to his or her engineering work, such as topographical measurements, the law clearly states that a PE cannot make property line determinations. See M.G.L. c. 112, s. 81D. As stated in Board regulation 250 CMR 5.01, “the delineation of existing or proposed structures, features or Boundaries relative to property lines requires the determination of property lines and therefore must be performed by a Professional Land Surveyor.” When a PE obtains an electronic or hardcopy of a pre-existing survey plan and adds his or her engineering work to that plan, the PE is representing where the property line exists relative to his/her work for the purpose of the PE’s engineering project. However, the PE cannot be certain that the pre-existing survey accurately reflects the current conditions of the property and is sufficiently reliable to be used for the PE’s current project. For example, potential issues with the prior survey include:
For this reason, except in the limited situations described below, a PE cannot certify a site plan showing property lines.
The only exceptions to the above-stated rule are when:
[1] Use of the word “certify” includes the act of signing, sealing and/or stamping a plan by the Professional Engineer.
Full FAQs from the Board of Registration of Professional Engineers and Professional Land Surveyors are here
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