North Carolina Senate BIll on Limited Right of Entry, Weakening PLS Requirements

North Carolina Senate BIll on Limited Right of Entry, Weakening PLS Requirements 

By Shaine R. Bonin, PLS

Proposed North Carolina Law: https://www.ncleg.gov/Sessions/2023/Bills/Senate/PDF/S677v0.pdf 

The General Assembly of North Carolina is considering a new law that grants professional land surveyors a limited right of entry onto the lands of others under certain circumstances, but would impose other limitations on the authority of professional land surveyors. It would also weaken licensure requirements for professional land surveyors, which is strongly opposed by the North Carolina Surveying Society. The bill would amend Chapter 89C of the General Statutes and outlines the rights and responsibilities of professional land surveyors in the state.

According to the bill filed, professional land surveyors licensed under Chapter 89C have the right to enter the lands of others if necessary to perform surveys for the practice of land surveying, including locating property corners, boundary lines, rights-of-way, and easements. They may also bring their customary equipment and vehicles with them. This right of entry does not constitute trespass and does not subject the surveyor to arrest or civil action.

However, the bill also proposes to  impose limitations on the authority of professional land surveyors. They are not allowed to destroy, injure, damage, or move anything on the lands of another without written permission from the landowner, and they are required to make reasonable efforts to notify adjoining landowners upon whose land they need to enter. The law also prohibits entry onto lands traversed by an operating railroad or properties owned, held, used, or operated by a railroad or their subsidiaries. Additionally, professional land surveyors are not authorized to enter lands containing critical infrastructure or critical infrastructure facilities, as defined in the law.

Unfortunately, the bill would weaken current law on the requirements to be licensed as a professional land surveyor in North Carolina. To stay updated on the latest information regarding NC Senate Bill 677 (S677) please visit the NCSS resources page and scroll down to the Legislative Updates section.  

You can also read the bill here to see how the requirements would be weakened.