Board of Registration Clarifies What a PE Can Do on A Site Plan

Board of Registration Clarifies What a PE Can Do on A Site Plan

At its May 26, 2022 Board meeting, the Board of Registration of Professional Engineers and Professional Land Surveyors approved an updated addition to their FAQs 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. The prior update had been made on March 24, 2022. More information below: 

Frequently Asked Questions about Board of Registration of Professional Engineers and Professional Land Surveyors (FAQs)

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:

• Boundary lines have changed since date of survey;
• A survey of adjacent property conflicts with prior survey;
• Overburden of survey for different purpose (e.g. mortgage inspection survey);
• Not in conformance with rules of evidence and 250 CMR;
• Court decree overturning prior survey;
• Legitimate claims of occupation and encroachments;
• On-site construction after date of prior survey.

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. the PLS is a member of a project development team, the survey was commissioned for the project, and the PE’s work is added to said survey.  A complete design package submitted by the project development team would include the survey stamped by the PLS and the engineering plan(s) stamped by the PE indicate the survey as “background” information.
    
2. the PE consults with the PLS who performed the prior survey, the PLS confirms that the survey information on the filed plan reflects current conditions of the property and is sufficiently reliable to be used for the purpose of the PE’s project, and the PLS stamps the land surveying work.

[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