On June 5, 2003, Assemblyman John F. McKeon introduced A3737, legislation that would amend Section 2 of NJSA 45:8-28. This would permit a licensed professional engineer to perform "Topographic Surveys."
The legislation was prompted by an engineer who appeared before the New Jersey State Board of Professional Engineers and Land Surveyors on Dec. 9, 2002 because he felt that engineers should be allowed to site swimming pools. Whent the Board reveiwed the issue, it stated that NJSA 45:8-28 specifically states that measurements related to property lines are required to be made by a land surveyor. Additionally NJAC 13:40-5.1 (n) requires that maps prepared to show topographic data, which also delineate property lines, shall be prepared by a licensed land surveyor. The Legislature was very clear under NJSA 45:8-28 that the act of measureing and locating distances, directions, elevations, natural and manmade topographical features in the air, on the surface of the earth, within undergraound working, and on beds of bodies of water... was strictly under the purview of "the practice of land surveying."
The following text is taken directly from A3737:
Nothing in this chapter shall preclude a person licensed by the Board as a professional engineer from performing those measurements necessary for the design, construction stake-out, construction and post-construction records of an engineering project, provided that these measurements are not related to establishing property lines, lot lines, easement lines, or right-of-way lines, the establishment of which are required to be made by a land surveyor.
The only change entire 5-page bill is the addition of the word, "establishing", hte distinction between land surveyors and engineers is completely changed.
The bill has been referred to the Assembly Regulated Professions and Independent Authorities Committee, chaired by Assemblyman Anthony Impreveduto.
Mark L. Husik, executive director of the NJSPLS asks that members of his organization write to John McKeon and express their concern and opposition to this legislation and send a copy of the correspondence to the NJSPLS headquarters.
The full bill can be found at http://www.njleg.state.nj.us.