(a) "Practice of surveying" means providing,
or offering to provide, professional services involving:
(1) the making of geometric measurements of, and gathering
related information pertaining to, the physical or legal features of
the earth, improvements on the earth, the space above the earth,
or any part of the earth; and
(2) the use and development of the measurements and information
gathered under subdivision (1) into survey products, including
graphics, digital data, maps, plats, plans, reports, and descriptions
and projects.
(b) Professional services provided under the practice of surveying
include consultation, investigation, testimony evaluation, expert
technical testimony, planning, mapping, assembling, and interpreting
gathered measurements and information related to any of the following:
(1) Determining the configuration or contour of the earth's surface
or the position of fixed objects thereon by measuring lines and
angles and applying the principles of mathematics or
photogrammetry.
(2) Determining the size and shape of the earth, or any point on
the earth, by performing geodetic surveys using angular and linear
measurements through spatially oriented spherical geometry.
(3) Determining, by the use of principles of surveying, the
position for any nonboundary related survey control monument or
reference point, or setting, resetting, or replacing any
nonboundary related monument or reference point.
(4) Locating, relocating, establishing, reestablishing, laying out,
retracing, or marking any property or boundary line or corner of
any tract of land or of any right-of-way or easement.
(5) Making any survey or preparing any plat for the subdivision
of any tract of land.
(6) Determining, by the use of principles of surveying, the
position for any boundary related survey monument or reference
point, or setting, resetting, or replacing any monument or
reference point.
(7) Preparing a description for any parcel or boundary of land, or
for any right-of-way or easement, except when prepared by an
attorney who is licensed to practice law in Indiana.
(8) Determining the amount of acreage contained in any parcel of
land, except when determined by an attorney who is licensed to
practice law in Indiana.
(9) Performing construction staking or layout of the control for
any elements of an engineering, building, or construction project,
if the position of an element is:
(A) dependent on;
(B) in specific relation to; or
(C) in close proximity to;
a boundary, property line, or corner, including easements and
rights-of-way.
(10) For and within subdivisions being designed by a professional
surveyor, the preparation and furnishing of plats, plans, and
profiles for roads, storm drainage, sanitary sewer extensions, and
the location of residences or dwellings where the work involves
the use and application of standards prescribed by local, state, or
federal authorities.
(11) All work incidental to cleaning out, reconstructing, or
maintaining existing open and tile drains.
(12) Creating, preparing, or modifying electronic or computerized
data relative to the performance of the activities described in this
subsection.
(c) Activities included within the practice of surveying that must be
accomplished under the responsible charge of a professional surveyor,
unless specifically exempted under subsection (d), include the
following:
(1) The creation of maps and geo-referenced data bases
representing authoritative locations for boundaries, fixed works,
or topography, either by terrestrial surveying methods or by
photogrammetric or GNSS locations. This includes maps and
geo-referenced data bases prepared by any person, firm, or
government agency if that data is provided to the public as a
survey product.
(2) Original data acquisition, or the resolution of conflicts
between multiple data sources, when used for the authoritative
location of features within the following data themes:
(A) Geodetic control.
(B) Orthoimagery.
(C) Elevation and bathymetry.
(D) Fixed works.
(E) Government boundaries.
(F) Cadastral information.
(3) Certification of positional accuracy of maps or measured
survey data.
(4) Measurement, adjustment, and authoritative interpretation of
raw survey data.
(5) GIS-based parcel or cadastral mapping used for authoritative
boundary definition purposes wherein land title or development
rights for individual parcels are, or may be, affected.
(6) Interpretation of maps, deeds, or other land title documents to
resolve conflicting data elements within cadastral documents of
record.
(7) Acquisition of field data required to authoritatively position
fixed works or cadastral data to geodetic control.
(8) Adjustment or transformation of cadastral data to improve the
positional accuracy of the parcel layer or layers with respect to the
geodetic control layer within a GIS for purposes of affirming
positional accuracy.
(d) A distinction is made in this subsection, in the use of electronic
systems, between making or documenting original measurements in the
creation of survey products and the copying, interpretation, or
representation of those measurements in systems. Further, a distinction
is made according to the intent, use, or purpose of measurement
products in electronic systems, between the determination of
authoritative locations and the use of those products as a locational
reference for planning, infrastructure management, and general
information. The following items are not included as activities within
the definition of the practice of surveying:
(1) The creation of general maps:
(A) prepared by private firms or government agencies for use
as guides to motorists, boaters, aviators, or pedestrians;
(B) prepared for publication in a gazetteer or atlas as an
educational tool or reference publication;
(C) prepared for or by educational institutions for use in the
curriculum of any course of study;
(D) produced by any electronic or print media firm as an
illustrative guide to the geographic location of any event; or
(E) prepared by lay persons for conversational or illustrative
purposes, including advertising material and users' guides.
(2) The transcription of previously geo-referenced data into a
geographic information system by manual or electronic means,
and the maintenance thereof, if the data are clearly not intended
to indicate the authoritative location of property boundaries, the
precise definition of the shape or contour of the earth, and the
precise location of fixed works of humans.
(3) The transcription of public record data, without modification
except for graphical purposes, into geographic information
systems-based cadastres, including tax maps, zoning maps, and
associated records by manual or electronic means, and the
maintenance of that cadastre, if the data are clearly not intended
to authoritatively represent property boundaries.
(4) The preparation of any document by any agency of the federal
government that does not define real property boundaries,
including civilian and military versions of quadrangle topographic
maps, military maps, satellite imagery, and other similar
documents.
(5) The incorporation or use of documents or data bases prepared
by any federal agency into a geographic information system,
including federal census and demographic data, quadrangle
topographic maps, and military maps.
(6) Inventory maps and data bases created by any organization, in
either hard copy or electronic form, of physical features, facilities,
or infrastructure that are wholly contained within properties to
which the organization has rights or for which the organization
has management responsibility. The distribution of these maps
and data bases outside the organization must contain appropriate
metadata describing, at a minimum, the accuracy, method of
compilation, data source or sources, and date or dates, and
disclaimers of use clearly indicating that the data are not intended
to be used as a survey product.
(7) Maps, cross-sections, graphics, and data bases depicting the
distribution of natural resources or phenomena prepared by
foresters, geologists, soil scientists, geophysicists, biologists,
archeologists, historians, or other persons qualified to document
and interpret the data in the context of their respective practices.
(8) Maps and geo-referenced data bases depicting physical
features and events prepared by any government agency if the
access to that data is restricted by statute, including
geo-referenced data generated by law enforcement agencies
involving crime statistics and criminal activities.
(9) Classified parcels developed in accordance with IC 6-1.1-6-9(c).
(e) The use of photogrammetric methods or similar remote sensing
technology to perform any part of the practice of surveying as defined
in this section may be performed only under the direct control and
supervision of a professional surveyor or professional
photogrammetrists who maintain a current title of "Certified
Photogrammetrist" from a national scientific organization having a
process for certifying photogrammetrists.
(f) The practice of surveying encompasses a number of disciplines,
including geodetic surveying, hydrographic surveying, cadastral
surveying, construction staking, route surveying, photogrammetric
surveying, and topographic surveying. A professional surveyor may
practice only within the surveyor's area of expertise.