California Surveyors Forums

PLSA 8726.1 allows a surveyor to offer to practice, procure, and offer to procure civil engineering work incidental to his or her land surveying practice........ provided all such civil engineering work is performed by a licensed civil. It also allows a surveyor to manage or conduct as a manager, proprietor, or agent, a land surveying practice which offers to practice, procure and offers to procure, such incidental civil engineering work.

So, what, exactly, does this mean. My understanding is that a surveyor can own a business that advertises surveying and engineering such as John Doe Land Surveying and Civil Engineering. If the surveyor procures engineering work, it must be done under the direction of a licensed civil. Can a surveyor take a civil project that does not include land surveying? What if the bulk of the project is engineering but requires some surveying. Where is the line? What is the boards interpretation of incidental.

What if a surveyor does some survey work for a developer who really likes his work. Then a year later a developer has a different project that only requires engineering. Is the civil work incidental to surveying due to the fact that the relationship was survey based prior to the civil engineering project?

Black's:

Incidental: Subordinate to something of greater importance; having a minor role.

The best example I can think of is land planning which a surveyor is authorized to do (i.e. prepare a tentative subdivision map). As part of the subdivision application package, a sewer area study, a hydrology study, a traffic study may be required by the public agency as supporting documents for the tentative subdivision map. These studies in my opinion are incidental to the proposed land division and a licensed surveyor can contract for those services and manage the "project" provided a licensed civil engineer signs/stamps and is in direct responsible charge of the preperation of the studies.

However, if a client is looking to hire a consultant for just a hydrology study, a licensed surveyor could not propose since it is the primary scope of work and not incidetal to a larger scope that is within the surveyor's authority to practice..

Hope that helps.

Hi, I co-wrote that section of the law some 30 years ago. I hope the attached helps.

However, if a client is looking to hire a consultant for just a hydrology study, a licensed surveyor could not propose since it is the primary scope of work and not incidetal to a larger scope that is within the surveyor's authority to practice.

The statute says "incidental to his or her land surveying practice," not "incidental to an individual project." I don't see a problem with a surveyor accepting an engineering-only project as long he engages an engineer to perform the work. It's not something I'd be inclined to do, but I don't see any legal bar to it.

Edit: (just saw Jim's post) Based on legal advice, BPELSG generally treats the situations as incidental to the specific offered services on a project-by-project basis and not as incidental to their overall practice as that is consistent with the legal opinion.

Thanks guys. This is very helpful. FYI, don't forget to list your full time civil (VP of Civil Engineering) as VP of Civil Engineering on the form sent to the board! Simply showing him as the Civil in responsible charge is insufficient.

Good old common sense is probably your best friend in a situation like this.

rpost wrote:...FYI, don't forget to list your full time civil (VP of Civil Engineering) as VP of Civil Engineering on the form sent to the board! Simply showing him as the Civil in responsible charge is insufficient.

Ric, is this true? This doesn't make sense to me...