Section 14 – Disturbed corners — County surveyor to be notified — Coordination with certain state agencies.

Effective 5/14/2019
17-23-14. Disturbed corners — County surveyor to be notified — Coordination with certain state agencies.

• (1) As used in this section:
  • (a)
    • (i) “Construction” means:
      • (A) the preparation of an area for a building or structure, including demolition, site clearance, exploration, drilling, boring, and excavation; and
      • (B) the carrying out of any building, civil engineering, or engineering work for the assembly or maintenance of any building or structure.
    • (ii) “Construction” does not mean normal maintenance of a roadway and related infrastructure that does not require construction drawings.
  • (b) “Corner” means the same as that term is defined in Section 17-23-17.5.
  • (c) “Government survey monument” means a monument that:
    • (i) a government entity maintains; or
    • (ii) the county surveyor sets in accordance with Section 17-23-13.
  • (d) “Monument” means the same as that term is defined in Section 17-23-17.5.
  • (e) “Public land survey government corner” means:
    • (i) a corner that the county surveyor establishes or reestablishes under Subsection 17-23-1(4);
    • (ii) a section corner, quarter section corner, or other corner that a government survey establishes; or
    • (iii) a public land survey corner as that term is defined in Section 17-23-17.5.
  • (f) “Structure” means any organization of parts, production, or pieces artificially built up or joined together to preserve or alter any natural feature, including roads, railways, tunnels, bridges, underground or overground pipelines or cables, river works, drainage works, earthworks, retaining walls, walls, dams, tanks, towers, and fences.

• (2) A person who finds it necessary to disturb any established government survey monument or public land survey government corner location for any reason, including the improvement of a road, shall notify the county surveyor at least five business days before the day on which the person disturbs the government survey monument or public land survey government corner location.

• (3)
  • (a) A county legislative body may enact an ordinance requiring a person to obtain a permit before performing construction work within 30 feet of an established government survey monument or public land survey government corner location.
  • (b) A county legislative body shall ensure that an ordinance described in Subsection (3)(a) provides for an exemption from the permitting requirement in the event of an emergency situation that poses a threat to public health or safety.
  • (c)
    • (i) A county may charge a fee for a permit described in Subsection (3)(a), in accordance with this Subsection (3)(c).
    • (ii) The fee described in Subsection (3)(c)(i) may not exceed $400 per government survey monument or public land survey government corner location.
    • (iii) If, after completion of the construction work, the government survey monument or public land survey government corner location is undisturbed, the county shall disburse a partial fee refund of $250 to the permit holder.
    • (iv) If the construction work disturbs the government survey monument or public land survey government corner location related to the permit:
      • (A) the permit holder is responsible for the necessary construction work and installation of the government survey monument or public land survey government corner location; and
      • (B) the county shall provide to the permit holder the necessary brass monument, ring, and lid for the permit holder’s work described in Subsection (3)(c)(iv)(A).
  • (d) A county shall provide a system allowing a person to apply electronically for and the county to approve or deny electronically a permit described in Subsection (3)(a).

• (4) A person may not perform any construction work within 30 feet of a government survey monument or public land survey government corner location unless the person obtains any permit the county requires before beginning construction work within 30 feet of the government survey monument or public land survey government corner location, together with any additional permits that applicable law may require.

• (5) A person who produces drawings or plans for construction work to be performed within 30 feet of a government survey monument or public land survey government corner location shall show, on the face of the drawings or plans:
  • (a) the government survey monument or public land survey government corner location; and
  • (b) an accompanying note exhibiting compliance with Subsections (2) and (4).

• (6) A person who finds a monument that needs rehabilitation shall notify the county surveyor within five business days after the day on which the person finds the monument.

• (7) The county surveyor or the county surveyor’s designee shall:
  • (a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the corner by lowering and witnessing the corner or placing another monument and witness over the existing monument so that the monument:
    • (i) is left in a physical condition to remain as permanent a monument as is reasonably possible; and
    • (ii) may be reasonably located at all times in the future; and
  • (b) file the record of each reconstruction or rehabilitation in accordance with Subsection (7)(a).

• (8)
  • (a) The county may, by ordinance, establish a civil penalty for a violation of:
    • (i) any provision of Subsection (4) or (5); or
    • (ii) any ordinance that the county adopts under Subsection (3).
  • (b) It is a defense to the civil penalty described in Subsection (8)(a) that the violation related to an emergency situation that posed a threat to public health or safety.

Amended by Chapter 22, 2019 General Session