Montana Land Surveyor Law Exam cheat sheet
Montana Land Surveyor Law Exam · Keep the key ideas within reach.
Montana Surveying Law and Board Regulations
The Montana Board of Professional Engineers and Professional Land Surveyors regulates land surveyors; the Montana Code Annotated Title 37, Chapter 67 is the governing statute and ARM Title 24 contains board rules.
A professional land surveyor is a person who, by reason of knowledge of the mathematical and physical sciences and the principles of land surveying acquired by education and practical experience, is qualified to practice land surveying and is licensed under the statute.
Practice of land surveying includes establishing, reestablishing, or restoring boundaries, corners, and lines; subdivision platting; writing legal descriptions; and preparing topographic, alignment, and as-built surveys.
Surveying of mining claims, retracement of federal and state subdivision lines, and boundary determination affecting title require a licensed professional land surveyor in Montana.
A surveyor must file a record of survey for retracement or boundary work with the county clerk and recorder when the survey discloses evidence not previously recorded, establishes new corners, or materially alters previously recorded positions.
Montana uses the Public Land Survey System; corners and subdivision-of-section lines are perpetuated by the original federal survey, and obliterated corners are restored by proportionate methods consistent with the original record.
A certificate of survey must show the seal and signature of the professional land surveyor responsible, the date, the legal description, and be filed with the county clerk and recorder; subdivision plats require local governing body review and approval.
Violations of the survey statutes, including practice without a license or stamping documents outside one's competence, are grounds for board discipline, including reprimand, suspension, revocation, and civil penalties.
Professional Conduct and Ethics
The licensee's paramount obligation is to protect the public health, safety, and welfare; the client's interest is secondary to that duty.
A licensee may sign and seal only documents prepared by the licensee or under the licensee's direct supervisory control, and only within the licensee's area of competence.
Misrepresentation of qualifications, falsifying field data, or altering another surveyor's records without disclosure is a violation warranting discipline.
Conflict of interest must be disclosed in writing; a surveyor may not accept compensation from more than one party for the same service without full disclosure and consent.
The surveyor should not review or criticize another surveyor's work without first notifying that surveyor, unless the review is required by legal process or the board.
Confidential client information may be disclosed only with consent, when required by law, or to prevent a clear threat to public safety.
Solicitation of work by misleading advertising, competitive bidding on a fixed-fee basis that compromises quality, or offering gifts to secure work is prohibited.
Licensees must report to the board any known violation of the licensing act, including unlicensed practice or a licensee's gross negligence.
Licensure, Renewal, and Continuing Education
Land surveyor applicants must pass the NCEES Fundamentals of Surveying exam, gain qualifying progressive experience under a licensed surveyor, and pass the NCEES Principles and Practice of Surveying exam.
Montana requires a minimum of four years of combined education and experience, with at least two years of progressive experience under the direct supervision of a licensed land surveyor.
Licenses expire annually on June 30 and must be renewed before that date; a late renewal within a grace period may incur a penalty fee.
Continuing education requires a minimum of 15 professional development hours per renewal cycle, including at least one hour of Montana laws and rules and one hour of ethics.
PDH activities must be relevant to land surveying, documented with provider, title, date, and hours, and retained for at least three years for audit.
A licensee who fails to renew may be reinstated by paying fees and demonstrating continued competence; lapsed practice during the lapse period is unlicensed practice.
Comity licensure is available for surveyors licensed in another jurisdiction who hold a current NCEES record and meet Montana's experience and examination requirements.
A licensee must notify the board of a change of address within 30 days and report any disciplinary action taken by another jurisdiction within 30 days.
Montana Surveying Law and Board Regulations
The Montana Board of Professional Engineers and Professional Land Surveyors regulates land surveyors; the Montana Code Annotated Title 37, Chapter 67 is the governing statute and ARM Title 24 contains board rules.
A professional land surveyor is a person who, by reason of knowledge of the mathematical and physical sciences and the principles of land surveying acquired by education and practical experience, is qualified to practice land surveying and is licensed under the statute.
Practice of land surveying includes establishing, reestablishing, or restoring boundaries, corners, and lines; subdivision platting; writing legal descriptions; and preparing topographic, alignment, and as-built surveys.
Surveying of mining claims, retracement of federal and state subdivision lines, and boundary determination affecting title require a licensed professional land surveyor in Montana.
A surveyor must file a record of survey for retracement or boundary work with the county clerk and recorder when the survey discloses evidence not previously recorded, establishes new corners, or materially alters previously recorded positions.
Montana uses the Public Land Survey System; corners and subdivision-of-section lines are perpetuated by the original federal survey, and obliterated corners are restored by proportionate methods consistent with the original record.
A certificate of survey must show the seal and signature of the professional land surveyor responsible, the date, the legal description, and be filed with the county clerk and recorder; subdivision plats require local governing body review and approval.
Violations of the survey statutes, including practice without a license or stamping documents outside one's competence, are grounds for board discipline, including reprimand, suspension, revocation, and civil penalties.
Professional Conduct and Ethics
The licensee's paramount obligation is to protect the public health, safety, and welfare; the client's interest is secondary to that duty.
A licensee may sign and seal only documents prepared by the licensee or under the licensee's direct supervisory control, and only within the licensee's area of competence.
Misrepresentation of qualifications, falsifying field data, or altering another surveyor's records without disclosure is a violation warranting discipline.
Conflict of interest must be disclosed in writing; a surveyor may not accept compensation from more than one party for the same service without full disclosure and consent.
The surveyor should not review or criticize another surveyor's work without first notifying that surveyor, unless the review is required by legal process or the board.
Confidential client information may be disclosed only with consent, when required by law, or to prevent a clear threat to public safety.
Solicitation of work by misleading advertising, competitive bidding on a fixed-fee basis that compromises quality, or offering gifts to secure work is prohibited.
Licensees must report to the board any known violation of the licensing act, including unlicensed practice or a licensee's gross negligence.
Licensure, Renewal, and Continuing Education
Land surveyor applicants must pass the NCEES Fundamentals of Surveying exam, gain qualifying progressive experience under a licensed surveyor, and pass the NCEES Principles and Practice of Surveying exam.
Montana requires a minimum of four years of combined education and experience, with at least two years of progressive experience under the direct supervision of a licensed land surveyor.
Licenses expire annually on June 30 and must be renewed before that date; a late renewal within a grace period may incur a penalty fee.
Continuing education requires a minimum of 15 professional development hours per renewal cycle, including at least one hour of Montana laws and rules and one hour of ethics.
PDH activities must be relevant to land surveying, documented with provider, title, date, and hours, and retained for at least three years for audit.
A licensee who fails to renew may be reinstated by paying fees and demonstrating continued competence; lapsed practice during the lapse period is unlicensed practice.
Comity licensure is available for surveyors licensed in another jurisdiction who hold a current NCEES record and meet Montana's experience and examination requirements.
A licensee must notify the board of a change of address within 30 days and report any disciplinary action taken by another jurisdiction within 30 days.