Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS
Subchapter 24.183.11 - Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats
Rule 24.183.1104 - UNIFORM STANDARDS FOR CERTIFICATES OF SURVEY
Universal Citation: MT Admin Rules 24.183.1104
Current through Register Vol. 18, September 20, 2024
(1) A certificate of survey must comply with the following requirements:
(a) A certificate
of survey must be legibly drawn with permanent black ink or printed or
reproduced by a process guaranteeing a permanent record and must be 18 inches
by 24 inches or 24 inches by 36 inches. Margins must be a minimum 1/2-inch on
all sides, or as required by the filing office.
(b) One original on three mil or heavier
matte stable-base polyester film or equivalent and/or one original on 24# white
bond paper or equivalent must be submitted, or on such medium as required by
the filing office.
(c) If more than
one sheet must be used to adequately depict the land surveyed, each sheet must
show the number of that sheet and the total number of sheets included. All
certifications must be placed on sheet number one of the certificate of
survey.
(d) A certificate of survey
must show or contain the following information:
(i) a title or title block including the
quarter-section, section, township, range, principal meridian, county, and if
applicable, city or town in which the surveyed land is located. Except as
provided in (1)(f)(v), a certificate of survey must not contain the title
"plat," "subdivision," or any title other than "Certificate of
Survey";
(ii) the name(s) of the
person(s) who commissioned the survey, the name(s) of the owner(s) of the land
surveyed, if other than the person(s) commissioning the survey, the names of
any adjoining plats, and the numbers of any adjoining certificates of survey
previously filed;
(iii) the date
the survey was completed and a brief explanation of why the certificate of
survey was prepared, such as to create a new parcel, retrace a section line, or
retrace an existing parcel of land;
(iv) a north arrow;
(v) a scale bar. The scale of the certificate
of survey must be sufficient to legibly represent the required information and
data on the certificate of survey;
(vi) the location of, and other information
relating to all monuments found, set, reset, replaced, or removed as required
by ARM 24.183.1101;
(A) If additional monuments are to be set
after the certificate of survey is filed, the location of these monuments must
be shown by a distinct symbol, and the certificate of survey must contain a
certification by the land surveyor as to the reason the monuments have not been
set and the date by which they will be set, as required by ARM
24.183.1101(1)(d).
(B) All monuments found during the survey
that influenced the position of any corner or boundary indicated on the
certificate of survey must be clearly shown as required by ARM
24.183.1101(1)(c).
(C) Witness and reference monuments must be
clearly shown.
(vii) the
location of any section corner or corners of divisions of sections the land
surveyor deems to be pertinent to the survey or was used as a control in the
survey;
(viii) basis of bearing.
For purposes of this rule, the term "basis of bearing" means the land
surveyor's statement as to the origin of the bearings shown on the certificate
of survey. If the basis of bearing(s) refers to two previously monumented
points in a previously filed survey document, then the two previously
monumented points must be shown and described on the certificate of survey, the
line marked by the two previously monumented points must be labeled "basis of
bearing," and the previously filed survey document name or number must be cited
in the land surveyor's statement as to the origin of the bearing(s). If the
certificate of survey shows true bearings, the basis of bearing must describe
the method by which these true bearings were determined;
(ix) the bearings, distances, and curve data
of all boundary lines and all control or pertinent lines used to determine the
boundaries of the parcel(s) surveyed. If the parcel surveyed is bounded by an
irregular shoreline or a body of water that is a riparian boundary, the
bearings and distances of a meander traverse generally paralleling the riparian
boundary must be given;
(A) The courses along
a meander line are shown solely to provide a basis for calculating the area of
a parcel that has one or more riparian boundaries as the parcel existed at the
time of survey.
(B) For purposes of
this rule, a line that indicates a fixed boundary of a parcel is not a
"meander" or "meander line" and may not be designated as one.
(C) If a boundary, control, or pertinent line
contains multiple segments of the whole, then the overall distance must be
shown, and each segment must at least include distance.
(x) data on all curves sufficient to enable
the reestablishment of the curves on the ground. For circular curves, the data
must at least include radius and arc length, and either delta angle, radial
bearings, or chord bearing and distance. All non-tangent points of intersection
on the curve must show either the bearings of radial lines or chord length and
bearing. Non-tangent curves must be so labeled;
(xi) lengths of all lines shown to at least
tenths of a foot, and all angles and bearings shown to at least the nearest
minute. Distance measurements must be stated in English units, but their metric
equivalents, shown to the nearest hundredth of a meter, may be noted
parenthetically;
(xii) at least one
record measurement reference for each line and curve, if available, must be
shown;
(xiii) a narrative legal
description of the parcel(s) surveyed.
(A)
The land surveyor, at his or her discretion, may choose the form of the
narrative legal description as follows:
(I)
If the parcel surveyed is either an aliquot part of a U.S. government section
or a U.S. government lot, the narrative legal description may be the aliquot
part or the government lot description of the parcel;
(II) If the certificate of survey depicts the
division of one or more parcels shown on a previously filed certificate of
survey, the narrative legal description may be the number of the previously
filed certificate of survey and the parcel number of the parcel(s) previously
surveyed;
(III) If the certificate
of survey depicts the retracement of one or more parcels shown on a previously
filed certificate of survey, plat, or amended plat, the narrative legal
description may be the number of the previously filed certificate of survey or
the name of the previously filed plat or amended plat, and the parcel number of
the parcel(s) previously surveyed;
(IV) If the survey creates or retraces one or
more parcels, the narrative legal description may be either the
metes-and-bounds description of each individual parcel created by the survey or
the metes-and-bounds description of the perimeter boundary of the parcels
surveyed; or
(V) If the narrative
legal description does not fall within (1)(d)(xiii)(A)(I), (II), or (III), then
the narrative legal description required by this subsection must conform with
(1)(d)(xiii)(A)(IV).
(B)
When the narrative legal description is metes-and-bounds, the point of
beginning, which is also the point of closure of the legal description of the
parcel surveyed, must be labeled "Point of Beginning." Alternatively, the point
of beginning may be labeled "POB" if the abbreviation is defined on the
certificate of survey.
(C) The
requirement of this rule does not apply to certificates of survey that depict a
partial retracement of the boundaries of an existing parcel or establish the
location of lines or corners that control the location of an existing
parcel.
(xiv) all
parcels created or retraced by the certificate of survey designated by number
or letter, and the bearings, distances, curve data, and area of each parcel,
except as provided in (1)(f)(iii). If a parcel created by the certificate of
survey is identifiable as a 1/32 or larger aliquot part of a U.S. government
section or as a U.S. government lot, it may be designated by number or letter
or by its aliquot part or government lot identification;
(xv) the location, bearings, distances, and
curve data of any easement that will be created by reference to the certificate
of survey;
(xvi) the dated
signature and the seal of the land surveyor responsible for the survey. The
land surveyor's signature certifies that the certificate of survey has been
prepared in conformance with the applicable sections of the Montana Subdivision
and Platting Act and the regulations adopted under the Act;
(xvii) a memorandum of any oaths administered
under
76-3-405,
MCA;
(xviii) if applicable, the
certificate of the examining land surveyor; and
(xix) space for the clerk and recorder's
filing information.
(e)
Certificates of survey that do not represent a division or aggregation of land,
such as those depicting the retracement of an existing parcel and those
prepared for informational purposes, must contain a statement as to their
purpose and must meet applicable requirements of this rule for form and
content. If the purpose of a certificate of survey is stated as a retracement
or partial retracement, and if multiple tracts of record contained within the
parcel's perimeter boundary on the certificate of survey are not individually
shown, then the certificate of survey does not expunge the tracts of record
unless it conforms to (1)(f)(iv) and contains the acknowledged certificate of
the property owner(s) citing the applicable exemption in its
entirety.
(f) Procedures for
divisions of land exempted from review as subdivisions. If one or more parcels
on a certificate of survey is created by an exemption from subdivision review
under
76-3-207,
MCA, then, except as provided in (1)(f)(iii) and (iv), the certificate of
survey must establish the boundaries of the exemption parcel(s). The
certificate of survey is not required to establish, but may establish, the
exterior boundaries of the remaining portion of the parent tract of land.
However, the certificate of survey must show portions of the existing unchanged
boundaries sufficient to identify the location and extent of the exemption
parcel to be created. Unsurveyed portions of the parent tract of land must be
labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS
CERTIFICATE OF SURVEY". The certificate of survey must contain the acknowledged
certificate of the property owner stating that the division of land is exempt
from review as a subdivision and cite the applicable exemption in its entirety.
The certificate of survey must meet the following requirements:
(i) If the exemption relied upon requires
that the property owner enter into a covenant running with the land, the
certificate of survey may not be filed unless it shows or contains a signed and
acknowledged recitation of the covenant in its entirety.
(ii) If a certificate of survey invokes the
exemption for gift(s) or sale(s) to members of the landowner's immediate
family, the certificate of survey must indicate the name of the proposed
grantee, the relationship of the grantee to the landowner, and the parcel to be
conveyed to the grantee.
(iii) If a
certificate of survey invokes the exemption for the relocation of common
boundary line(s):
(A) The certificate of
survey must contain the signatures of all landowners whose tracts of record
will be altered by the proposed relocation. The certificate of survey must show
that the exemption was used only to change the location of a boundary line or
lines common to two or more tracts of record, and must clearly distinguish the
prior boundary location or locations (shown, for example, by dashed or broken
line(s) with a notation) from the new boundary location or locations (shown,
for example, by solid line(s) with a notation);
(B) The certificate of survey must show the
boundaries of the area that is being removed from one tract of record and
joined with another tract of record. The certificate of survey is not required
to establish, but may establish, the exterior boundaries of the resulting
tracts of record. However, the certificate of survey must show portions of the
existing unchanged boundaries sufficient to clearly identify both the location
and the extent of the boundary relocation. Unsurveyed portions of the tracts of
record must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT
INCLUDED IN THIS CERTIFICATE OF SURVEY"; and
(C) The certificate of survey must contain
the following notation: "The area that is being removed from one tract of
record and joined with another tract of record is not itself a tract of record.
Said area shall not be available as a reference legal description in any
subsequent real property transfer after the initial transfer associated with
the [certificate of survey or amended plat] on which said area is described,
unless said area is included with or excluded from adjoining tracts of
record."
(iv) If a
certificate of survey invokes the exemption for aggregation of parcels or lots:
(A) The certificate of survey must contain
the signatures of all landowners whose tracts of record will be altered by the
proposed aggregation. The certificate of survey must show that the exemption
was used only to eliminate a boundary line or lines common to two or more
tracts of record, and must clearly distinguish the prior boundary location or
locations (shown, for example, by dashed or broken line(s) with a notation)
from the new perimeter boundary location or locations (shown, for example, by
solid line(s) with a notation); and
(B) The certificate of survey must establish
the perimeter boundary of the resulting tract(s) of record.
(v) A survey document that
modifies lots on a filed plat and invokes an exemption from subdivision review
under
76-3-201
or
76-3-207(1)(d),
(e), or (f), MCA, must be entitled "amended
plat of [lot, block, and name of subdivision being amended]," but for all other
purposes must comply with the requirements for form and descriptive content of
certificates of survey contained in this rule.
(vi) If the certificate of survey invokes an
exemption from subdivision review under
76-3-207,
MCA, the certificate of survey must contain or be accompanied by a
certification by the county treasurer that all real property taxes and special
assessments assessed and levied on the surveyed land have been paid.
(vii) For purposes of this rule, when the
parcel of land for which an exemption from subdivision review is claimed is
being conveyed under a contract-for-deed, the terms "property owner,"
"landowner," and "owner" mean the seller of the land under the
contract-for-deed.
(g)
The land surveyor, at his or her discretion, may provide additional information
on the certificate of survey regarding the survey.
(h) Procedures for filing certificates of
survey of divisions of land entirely exempted from the requirements of the
Montana Subdivision and Platting Act. The divisions of land described in
76-3-201,
76-3-205,
and
76-3-209,
MCA, and divisions of federally owned land made by a U.S. government agency are
not required to be surveyed, nor must a certificate of survey or plat showing
these divisions be filed with the clerk and recorder. However, a certificate of
survey of one of these divisions may be filed with the clerk and recorder if
the certificate of survey meets the requirements for form and content for
certificates of survey contained in this rule, and contains a certificate of
all the landowners citing the applicable exemption from the Act in its
entirety, or when applicable, that the land surveyed is owned by the federal
government. The certificate of survey must establish the boundaries of the
exemption parcel(s). The certificate of survey is not required to establish,
but may establish, the exterior boundaries of the remaining portion of the
parent tract of land. However, the certificate of survey must show portions of
the existing unchanged boundaries sufficient to identify the location and
extent of the exemption parcel to be created. Unsurveyed portions of the parent
tract of land must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or
"NOT INCLUDED IN THIS CERTIFICATE OF SURVEY."
37-67-202, 76-3-403, 76-3-411, MCA; IMP, 37-67-314, 76-3-101 through 76-3-411, MCA;
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