The Surveyors’ Model Law Working Group was formed to address several provisions in North Carolina law (G.S. 89C) pertaining to land surveying and GIS representation of government geographic data. The National Council of Examiners for Engineering and Surveying (NCEES) Model Law has served as the foundation for these matters. The Working Group has been pursuing issues related to local governments providing data collection services to other local governments; whether a Council of Government is considered a local government under law; and the definition of “authoritative” as used in G.S. 89C and how that determines which data sets must be collected by a licensed surveyor. The Working Group has been in discussions with the NC Board of Examiners for Engineers and Surveyors (NCBELS) about these issues.
A report identifying specific issues and a path forward was presented at the May 13, 2009 meeting of the GICC.
Announcement – August 4, 2010
Progress on Clarifying Geographic Data Collection by Local Governments
In recent months, the NC Board of Examiners for Engineers and Surveyors (NCBELS) and the NC Geographic Information Coordinating Council (GICC) requested advisory opinions from the NC Department of Justice concerning GIS data collection by local governments.
The issue was whether certain GIS data collection activities of local governments (i.e., counties, cities, towns, and regional councils of governments) are included in, or exempt from, the North Carolina Engineering and Land Surveying Act: Chapter 89C of the General Statutes.
In April 2010 the Department of Justice issued an advisory opinion that the collection of GIS data by an employee of the State of North Carolina, any political subdivision of the State or a municipality while engaged in that activity in the course of their employment does not constitute surveying without a license. In a second advisory opinion, the Department of Justice stated that this conclusion also applies to regional councils of governments, so long as those entities are authorized by resolution of their member governments. Therefore, the collection of GIS data by local governments does not violate Chapter 89C of the General Statutes since local governments are exempt via the government exemption.
For details on the background of this issue and the advisory opinions of the Department of Justice, please read the documents below.
Applicability of N.C.G.S. § 89C to Geographic Information Systems
The current Chair is Herb McKim (910.343.1048).
Staff is Tim Johnson (919.754.6588).