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Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 17, 1999

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CHAPTER_______

1  AN ACT concerning

3  FOR the purpose of modifying certain standards pertaining to certain property
4  markers under provisions governing the recording of subdivision plats in certain
5  jurisdictions to require that the markers comply with regulatory standards
6  adopted by the State Board for Professional Land Surveyors; and generally
7  relating to property markers for subdivision plats in real property surveying.

8  BY repealing and reenacting, without amendments,
9  Article - Business Occupations and Professions
10  Section 15-101(b) and 15-208(b)(2)
11  Annotated Code of Maryland
12  (1995 Replacement Volume and 1998 Supplement)

13  BY repealing and reenacting, with amendments,
14  Article - Real Property
15  Section 3-108
16  Annotated Code of Maryland
17  (1996 Replacement Volume and 1998 Supplement)

18  SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
19  MARYLAND, That the Laws of Maryland read as follows:

2 HOUSE BILL 754

1  Article - Business Occupations and Professions

2  15-101.

3  (b) "Board" means the State Board for Professional Land Surveyors.

4  15-208.

5  (b) In addition to any duties set forth elsewhere, the Board shall:

6  (2) determine a type of marker, monument, stake, or other landmark
7  that a licensee shall use in practicing land surveying and practicing property line
8  surveying;

9  Article - Real Property

10  3-108.

11  (a) (1) Except as provided in paragraph (2) of this subsection, the provisions
12  of this section are in addition to any other provisions of the Code, pertaining to
13  recordation of subdivision plats.

14  (2) The provisions of this section do not apply in Queen Anne's County.

15  (b) If the owner of land in the State subdivides his land for commercial,
16  industrial, or residential use to be comprised of streets, avenues, lanes, or alleys and
17  lots, and desires, for the purpose of description and identification, to record a plat of
18  the subdivision among the land records of the county where the land lies, the clerk of
19  the court shall accept and record the plat as prescribed in this section. The clerk may
20  not accept the plat for record until the owner of land complies with the requirements
21  prescribed in this section.

22  (c) (1) In this subsection, "coordinate" means a number which determines
23  the position of any point in a north or south and an east or west direction in relation
24  to any other point in the same coordinate system.

25  (2) The plat shall be legible, drawn accurately and to scale and shall be
26  submitted for recordation using black ink on transparent mylar, or linen or black-line
27  photo process comparable to original quality that will conform to archival standards.
28  The State Highway Administration may substitute microfilm aperture cards showing
29  property or rights-of-way to be acquired or granted. Microfilm aperture cards must
30  meet archival standards for permanent records.

31  (3) The plat shall contain the courses and distances of all lines drawn on
32  the plat.

33  (4) With respect to all curved lines, the plat shall show the length of all
34 radii, arcs, and tangents and the courses and distances of all chords.

3  HOUSE BILL 754

1  (5) The plat shall contain a north arrow which represents and designates
2  either true or magnetic meridian as of a date specified on the plat or shall be
3  referenced to a recognized coordinate system within the county.

4  (6) All courses shown on the plat shall be calculated from the plat
5  meridian.

6  (7) No distance on the plat may be marked "more or less" except on lines
7  which begin, terminate, or bind on a marsh, stream, or any body of water.

8  (8) The plat shall show the position by coordinates of not less than four
9  markers set in convenient places within the subdivision in a manner so that the
10  position of one marker is visible from the position of one other marker. From these
11  markers, commonly called "traverse points", every corner and line can be readily
12  calculated and marked on the ground. These markers shall [be made of hard durable
13  stone or concrete and shall be planted at least three feet into the ground] COMPLY
14  WITH STANDARDS THAT THE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS
15  SETS BY REGULATION UNDER § 15-208 OF THE BUSINESS OCCUPATIONS AND
16  PROFESSIONS ARTICLE.

17  (9) If the subdivision lies in an area where a recognized coordinate
18  system already is established and traverse points of the system can be found and
19  used, the coordinate values shall be marked in the same datum as those on the points
20  found and identified by datum on the plat. In this case no markers are required, but
21  the owner of land shall comply with all other requirements.

22  (10) A certificate stating that the requirement of this subsection, as far as
23  it concerns the making of the plat and setting of the markers, shall be put on the plat
24  and signed by the owner of the land shown on the plat to the best of his knowledge
25  and by the professional land surveyor or property line surveyor preparing it.

26  (d) Three linen copies of the plat shall be mailed or delivered to the clerk. The
27  fee is $5 for each set of plats, except that a fee is not required for plats or microfilm
28  aperture cards showing property or rights-of-way to be acquired or granted by the
29  State Highway Administration.

30  (e) Each plat shall be signed and sealed by a professional land surveyor or
31  property line surveyor licensed in the State.

32  (f) (1) In Worcester County, if an unrecorded plat exists showing a
33  subdivision, from which any lot has been granted, and the owner of the subdivision, or
34  any part of it, proposes to resubdivide it in a manner different from the unrecorded
35  plat, a copy of the unrecorded plat shall be recorded as required by this section and in
36  addition to any other plat required by this section. If no unrecorded plat exists, the
37  owner shall record an affidavit to this fact.

38  (2) In Worcester County, if a recorded plat exists showing a subdivision,
39  and the owner of the subdivision, or any part of it, proposes to resubdivide it in a
40  manner different from the recorded plat, another plat shall be recorded. This plat
41  shall indicate clearly the lines, designation of blocks and block numbers, lots and lot

4  HOUSE BILL 754

1  numbers, streets, alleys, rights-of-way, and all other easements or pertinent data of
2  the original recorded plat, with the proposed resubdivision plat superimposed on it.
3  The proposed resubdivision plat shall indicate clearly the lines, designation of blocks
4  and block numbers, lots and lot numbers, streets, alleys, rights-of-way, and all other
5  easements and pertinent data. This plat shall be recorded in addition to any other
6  plats required by this section.

7  (3) In Worcester County, if the owner of two or more contiguous tracts of
8  land proposes to combine the tracts and subdivide them, the owner shall have
9  recorded a plat to be known as a perimeter plat as provided in this section and in
10  addition to any other plat required by this paragraph. The perimeter plat shall show
11  clearly the lines of the original tracts, include a title reference to each tract, and have
12  a plat showing the proposed subdivision of the entire tract superimposed on it. If less
13  than the entire tract is subdivided, at any one time, each subsequent subdivision plat
14  likewise shall be superimposed on a perimeter plat which also shall show clearly all
15  prior subdivisions made pursuant to this subsection.

16  (4) Notwithstanding the provisions of subsections (b), (c), and (d) and in
17  addition to the requirements of paragraphs (1), (2), and (3), if the subdivided lands
18  are, in whole or in part, within the corporate limits of an incorporated municipality,
19  the plat may not be accepted for record by the Clerk of the Circuit Court of Worcester
20  County until it first has been submitted to and approved by the governing body of the
21  municipality where the land is located, and the approval of the municipality has been
22  indicated plainly on the plat.

23  (g) In Cecil County, if an unrecorded plat exists showing a subdivision created
24  prior to June 1, 1945, from which any lot has been granted and to which reference has
25  been made in a deed now of record, the owner of the subdivision or any lot, or any
26  interested party may have recorded a copy of the unrecorded plat in a separate plat
27  book to be maintained by the Clerk of the Circuit Court for Cecil County. Reference to
28  the plat is not by itself a "description of the property sufficient to identify it with
29  reasonable certainty" within the meaning of § 4-101. The person presenting the plat
30  for recording shall pay to the Clerk a fee of $1 for each plat so offered. No other
31  provision of this section applies to the recording of any plat in Cecil County.

32  (h) In Garrett County the size of the sheet (plat) shall be 18 by 24 inches,
33  including a one and one-half inch margin for binding along the left edge. When more
34  than one sheet is required, an index sheet of the same size shall be submitted showing
35  the entire subdivision drawn to scale.

36  (i) (1) A plat filed in the land records of Wicomico County shall measure 18
37  by 24 inches or 24 by 36 inches, including a 1 1/2 inch margin along the left edge. If
38  more than one sheet is required, an index sheet of the same size shall be submitted
39  showing the entire subdivision drawn to scale.

40 (2) This subsection does not apply to single lot plats suitable for
41 recording in the same manner as other land record instruments, or to plats dated
42 prior to July 1, 1977.

5  HOUSE BILL 754

1  (j) (1) Notwithstanding any other provision of this section, in Caroline
2  County, any interested person may record a copy of a plat if:

3  (i) It is signed and dated prior to January 1, 1970; and

4  (ii) The general location of the property can be determined by
5  reference to the plat; and

6  (iii) The person offering the plat for recording appends a verified
7  statement that it is the original plat, to the best of the offerer's knowledge,
8  information and belief.

9  (2)The recording of plats under this subsection shall not be construed as
10  the creation or establishment of a subdivision or compliance with any other rules or
11  regulations applicable to subdivisions.

12  (k) (1) A plat filed in the land records of Dorchester County shall measure
13  18 by 24 inches or 24 by 36 inches, including a 1 1/2 inch margin along the left edge.
14  If more than one sheet is required, an index sheet of the same size shall be submitted
15  showing the entire subdivision drawn to scale.

16  (2) This subsection does not apply to single lot plats suitable for
17  recording in the same manner as other land record instruments, or to plats dated
18  prior to July 1, 1987.

19  (l) In Charles County, a deed conveying a parcel of land containing more than
20  20 acres of unimproved land is not required to be accompanied by a survey plat.

21  (m) In Calvert County, the clerk of court may not accept and record a plat that
22  combines two or more subdivision lots to create one or more new lots unless the
23  County Treasurer has certified on the plat that all taxes, assessments, and charges
24  against the existing lots have been paid.

25  (n) This section does not apply in Allegany, Harford, Montgomery, Prince
26  George's, and Talbot Counties, except to the extent any of these counties is expressly
27  mentioned in this section.

28  SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
29  October 1, 1999. cc