Colorado § 12-120-302 - Definitions.

§ 12-120-302. Definitions.

As used in this part 3, unless the context otherwise requires:

(1) "Basic control for engineering projects" means survey markers set on or in the vicinity of a construction project to enable all components of the project to be built in compliance with plans and specifications with respect to the project location, orientation, elevation, and relationship to property, easement, or right-of-way boundaries.

(2) "Certificate" means the media issued by the board to evidence licensing or enrollment.

(3) "Geodetic surveying" means the performance of surveys in which measure or account is taken of the shape, size, and gravitational forces of the earth to determine or predetermine the horizontal or vertical positions of points, monuments, or stations for use in the practice of professional land surveying or for stating the geodetic position of control points, monuments, or stations by using a coordinate system or derivative thereof recognized by the national geodetic survey.

(4) "Land surveyor-intern" means an individual enrolled by the board after demonstrating the individual's competency, as required by section 12-120-311.

(5) (a) "Professional land surveying" means the application of special knowledge of principles of mathematics, methods of measurement, and law for the determination and preservation of land boundaries. "Professional land surveying" specifically includes:

(I) Restoration and rehabilitation of corners and boundaries in the United States public land survey system;

(II) Obtaining and evaluating boundary evidence;

(III) Determination of the areas and elevations of land parcels;

(IV) Subdivision of land parcels into smaller parcels and layout of alignment and grades for streets or roads to serve the smaller parcels;

(V) Measuring and platting underground mine workings;

(VI) Preparation of the boundary control portions of geographic information systems and land information systems except as allowed otherwise by section 38-51-109.3;

(VII) Establishment, restoration, and rehabilitation of land survey monuments and bench marks;

(VIII) Preparation of land survey plats, condominium plats, monument records, property descriptions that result from the practice of professional land surveying, and survey reports;

(IX) Surveying, monumenting, and platting of easements and rights-of-way;

(X) Geodetic surveying;

(XI) Basic control for engineering projects; and

(XII) Any other activities incidental to and necessary for the adequate performance of the services described in this subsection (5)(a).

(b) An individual practices or offers to practice "professional land surveying" within the meaning and intent of this part 3 if the individual engages therein or, by oral claim, sign, letterhead, or card or in any other way, holds themself out to be a professional land surveyor or as being able to perform any professional land surveying service or if the individual performs any professional land surveying service or work.

(c) Professional land surveying may include other types of surveying.

(6) "Professional land surveyor" means an individual who practices professional land surveying and who is currently licensed with the board after demonstrating competency to practice, as required by section 12-120-313.

(7) "Responsible charge" means personal responsibility for the control and direction of professional land surveying work.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 890, § 1, effective October 1. L. 2024: (5)(b) amended, (HB 24-1329), ch. 342, p. 2317, § 18, effective August 7.

Editor's note: This section is similar to former § 12-25-202 as it existed prior to 2019; except that § 12-25-202 (12) was relocated to § 12-120-102 (2).

ANNOTATION

Law reviews. For comment on Prouty v. Heron, appearing below, see 26 Rocky Mt. L. Rev. 91 (1953).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

To practice a profession is to hold one's self out as following that profession as a calling, as one's usual business. Beaver Brook Resort Co. v. Stevens, 76 Colo. 131, 230 P. 121 (1924) (decided under repealed laws antecedent to CSA, C. 62, § 18).

Surveyors are licensed to protect the public from unqualified work. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).

Licensee not required to revoke certification on changed documents. The statutes governing the licensing of surveyors and engineers do not require that where documents prepared by one licensed under their authority have been changed without the licensee's knowledge or approval before they become of public record, the licensee has an obligation to revoke his certification on them. Such a duty is nowhere mentioned in any of the statutes. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).

Such action was arbitrary and unreasonable. Where landowner, who had contracted for survey and platting of land, altered two plats without surveyor's knowledge or permission, surveyor's revocation of its certificate for all the plats filed with the county planning commission, which action rendered its work totally valueless to landowner, was arbitrary and unreasonable. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).