Reasonable Access Bill Becomes Law TODAY!

Today, October 1, 2024, a new law takes effect in Maryland that serves the citizens of the state, as well as professional surveyors.

Legislation to provide surveyors reasonable access to land necessary for the completion of field data collection moved through the General Assembly and was signed into law by Governor Moore earlier this year.

The Senate bill, SB0344 ,  sponsored by State Senator Jeff Waldstreicher (D-18-Montgomery) passed the State Senate on March 14 by a vote of 46-0, while the House bill, HB038 , introduced by Delegates Stuart Michael Schmidt, Jr. (R-33B-Anne Arundel), Mary A. Lehman (D-21-Prince George's and Anne Arundel), and April Miller (R-4-Frederick) was approved by the House of Delegates on March 15 by a vote of 135-0, and this legislation was signed into law by Governor Wes Moore on May 9 with MSS President Rob Kundrick, Immediate Past President Paul Ewell, and Legislative Committee Chairman Bill Bower present in the State House in Annapolis to witness the bill signing by the Governor.   

The MSS-supported new law provides an exemption for professional surveyors and their crews from certain criminal prohibitions against trespass on property and the civil tort of trespass.

Surveyors have a professional responsibility to protect property rights of the public with accurate and impartial boundary determinations. As part of this responsibility, surveyors are required to collect all relevant evidence when retracing a property boundary. In order to understand the complex pieces of the property puzzle, and to accurately identify, and sometimes set, the property corners as physical points on the ground, surveyors must locate adjoining boundary evidence, which sometimes requires entering property not owned by the surveyor’s client.

It is prudent for field surveyors to at least knock on neighbors' doors to let them know who they work for, and what they’re doing. On larger linear projects, mailers may be sent, sometimes by certified mail, and even community meetings are held to engage with the affected communities prior to starting work.

Additionally, State and local regulations require the precise location of adjacent environmental features and improvements on development plans. Environmental features (tidal waters & wetlands), and private utilities (septic & well) can have setbacks that extend 100ft or more onto adjacent properties. Likewise, many urban jurisdictions require the location of adjacent structures to ensure conformity of development. All of these regulations require land surveyors to enter adjoining property to provide accurate location data.

Through the efforts of MSS, Maryland now joins 30 other states that grant private surveyors either a “right of entry” or an exemption from trespass liability.  The new law in Maryland does not exempt surveyors from liability for actions that are willful, wanton, reckless, fraudulent, or malicious, so honest, ethical, and professional conduct is still a best practice. Surveyors are only exempt from trespass while performing survey services and are not permitted to enter buildings under the new law.

The work of Past President Paul Ewell, who began the process of MSS researching the need for such a law, Legislative Chair Bill Bower, who testified before the Legislature in support of the bill, and MSS Lobbyist Bill Kress, who shepherded the bill through the Legislature, made this new law possible.

This landmark law is an example of the effectiveness of MSS when members working together serve the public and elevate the profession.  Thanks and congratulations to all MSS members.

It will be a joyous occasion when the Maryland surveying community gathers in Ocean City on October 16-19 for the society's 57^th Annual Conference.  If you are not yet registered to attend, click here to check out the program and register today. If you need a hotel room, reservations must be made before Wednesday, October 2, 2024, to guarantee the group rates. Click here to make your hotel reservation.