Nebraska Land Surveying Licensing Law

Nebraska Code · 13 sections

The following is the full text of Nebraska’s land surveying licensing law statutes as published in the Nebraska Code. For the official version, see the Nebraska Legislature.

Neb. Rev. Stat. § 46-1217

(1) There is hereby created a Water Well Standards and Contractors' Licensing Board. The board shall be composed of ten members, six of whom shall be appointed by the Governor as follows: (a) A licensed water well contractor representing irrigation water well contractors, (b) a licensed water well contractor representing domestic water well contractors, (c) a licensed water well contractor representing municipal and industrial water well contractors, (d) a licensed pump installation contractor, (e) a manufacturer or supplier of water well or pumping equipment, and (f) a holder of a license issued under the Water Well Standards and Contractors' Practice Act employed by a natural resources district. The chief executive officer of the Department of Health and Human Services or his or her designated representative, the Director of Water, Energy, and Environment or his or her designated representative, and the director of the Conservation and Survey Division of the University of Nebraska or his or her designated representative shall also serve as members of the board. (2) Each member shall be a resident of the state. Each industry representative shall have had at least five years of experience in the business of his or her category prior to appointment and shall be actively engaged in such business at the time of appointment and while serving on the board. Each member representing a category subject to licensing under the Water Well Standards and Contractors' Practice Act shall be licensed by the department pursuant to such act. In making appointments, the Governor may consider recommendations made by the trade associations of each category.

Neb. Rev. Stat. § 81-1561

(1) The Tax Commissioner shall deduct and withhold from the litter fee collected a fee sufficient to reimburse himself or herself for the cost of collecting and administering the litter fee and shall deposit such collection fee in the Litter Fee Collection Fund which is hereby created. The Litter Fee Collection Fund shall be appropriated to the Department of Revenue. Any money in the Litter Fee Collection Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. (2) The Tax Commissioner shall remit the balance of the litter fee collections to the Department of Water, Energy, and Environment. The department shall allocate and distribute funds from the Nebraska Litter Reduction and Recycling Fund in percentage amounts to be determined by the council on an annual basis, after a public hearing on a date to be determined by the council, for the following activities: (a) Programs of public education, motivation, and participation aimed at creating an ethic conducive to the reduction of litter, establishing an attitude against littering and a desire for a clean environment, and securing greater awareness of and compliance with antilitter laws. Such programs shall include: (i) The distribution of informative materials to elementary and secondary schools; (ii) The purchase and erection of roadside signs; (iii) The organization and operation of cleanup drives conducted by local agencies and organizations using volunteer help; (iv) Grants to state and local government units and agencies and private organizations for developing and conducting antilitter programs; and (v) Any other public information method selected by the department, including the use of media; (b) Cleanup of public highways, waterways, recreation lands, urban areas, and public places within the state, including, but not limited to: (i) Grants to cities and counties for payment of personnel employed in the pickup of litter; (ii) Grants for programs aimed at increasing the use of youth and unemployed persons in seasonal and part-time litter pickup programs and to establish work release and other programs to carry out the purposes of the Nebraska Litter Reduction and Recycling Act; (iii) Grants to public and private agencies and persons to conduct surveys of amounts and composition of litter and rates of littering; and (iv) Grants to public and private agencies and persons for research and development in the fields of litter reduction, removal, and disposal, including the evaluation of behavioral science techniques in litter control and the development of new equipment, and to implement such research and development when appropriate; and (c) New or improved community recycling and source separation programs, including, but not limited to: (i) Expansion of existing and creation of new community recycling centers; (ii) Expansion of existing and creation of new source separation programs; (iii) Research and evaluation of markets for the materials and products recovered in source separation and recycling programs; and (iv) Providing advice and assistance on matters relating to recycling and source separation, including information and consultation on available technology, operating procedures, organizational arrangements, markets for materials and products recovered in recycling and source separation, transportation alternatives, and publicity techniques.

Neb. Rev. Stat. § 81-1615

The following shall be exempt from sections 81-1608 to 81-1626 : (1) Any building which has a peak design rate of energy usage for all purposes of less than one watt, or three and four-tenths British Thermal Units per hour, per square foot of floor area; (2) Any building which is neither heated nor cooled; (3) Any building or portion thereof which is owned by the United States of America; (4) Any manufactured home as defined by section 71-4603 ; (5) Any modular housing unit as defined by subdivision (1) of section 71-1557 ; and (6) Any building or structure (a) that is listed on the state or National Register of Historic Places, (b) that is designated as a historic property under local or state designation law or survey, (c) that is certified as a contributing resource with a National Register-listed or locally designated historic district, or (d) with an opinion or certification that the property is eligible to be listed on the state or National Register of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places.

Neb. Rev. Stat. § 81-3429

(1) Each member of the board shall receive as compensation not more than one hundred dollars per day or portion of a day for (a) participating in meetings of the board and its committees, (b) traveling to or attending authorized meetings of the National Council of Architectural Registration Boards, the National Council of Examiners for Engineering and Surveying, or their subdivisions or committees on which the member serves, and (c) other business as authorized by the board. Participation in, attendance at, and conduct of such authorized activities by telephone or electronic means shall be eligible for such compensation. (2) Each member of the board shall be reimbursed for all necessary and authorized expenses incident to the performance of his or her duties under the Engineers and Architects Regulation Act as provided in sections 81-1174 to 81-1177 .

Neb. Rev. Stat. § 81-3435

(1) Applications for licensure, examination, intern enrollment, a certificate of authorization, or emeritus status shall be made on a form prescribed and furnished by the board. Applications shall be made under oath. (2) The board may accept the verified information contained in a valid Council Record issued by the National Council of Architectural Registration Boards or the National Council of Examiners for Engineering and Surveying in lieu of the same information that is required on the form prescribed and furnished by the board. (3)(a) The board shall establish application and licensure fees as provided in this subsection. All fees are nonrefundable. (b) The fee for license applications may not exceed three hundred dollars. (c) The fee for examination applications may be set to recover the costs of examination and its administration. (d) The fee for intern enrollment may not exceed one hundred dollars. (e) The certificate of authorization fee for organizations may not exceed three hundred dollars per year. (f) The fee for emeritus status may not exceed one hundred dollars per year.

Neb. Rev. Stat. § 81-3451

(1) The following shall be considered as the minimum evidence satisfactory to the board that an applicant is eligible for enrollment as an engineer-intern: (a)(i) Graduation from a program accredited by the Engineering Accreditation Commission of ABET; (ii) Graduation from a program accredited by the Canadian Engineering Accreditation Board; or (iii) Meeting the Education Standard of the National Council of Examiners for Engineering and Surveying as determined by the council; (b) Passage of an examination in the fundamentals of engineering as accepted by the Board of Engineers and Architects; (c) Submittal of an application accompanied by the fee established by the board; and (d) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the board shall be included in the application for enrollment. (2)(a) The following shall be considered as the minimum evidence satisfactory to the board that an applicant is eligible for admission to the examination on the principles and practice of engineering that is adopted by the board: (i)(A) Graduation from a program accredited by the Engineering Accreditation Commission of ABET; (B) Graduation from a program accredited by the Canadian Engineering Accreditation Board; or (C) Meeting the Education Standard of the National Council of Examiners for Engineering and Surveying as determined by the council; (ii) Passage of an examination in the fundamentals of engineering as accepted by the Board of Engineers and Architects; (iii) Submittal of an application accompanied by the fee established by the board; and (iv) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the board shall be included in the application. (b) A candidate who fails the principles and practice of engineering examination may apply for reexamination, which may be granted upon payment of a fee established by the board. In the event of a second or subsequent failure, the examinee may, at the discretion of the board, be required to appear before the board with evidence of having acquired the necessary additional knowledge to qualify before admission to the examination. (3) The following shall be considered as the minimum evidence satisfactory to the board that an applicant is eligible for licensure as a professional engineer: (a) Passage of the principles and practice of engineering examination as set forth in subsection (2) of this section; (b) A record of four years or more of progressive post-accredited-degree experience on engineering projects of a grade and character which indicates to the board that the applicant may be competent to practice engineering; (c) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the board shall be included in the application for licensure; and (d) Successful passage of an examination on the statutes, rules, and other requirements unique to this state. (4) An individual holding a license to practice engineering issued by a proper authority of any jurisdiction, based on credentials that do not conflict with subsections (2) and (3) of this section and other provisions of the Engineers and Architects Regulation Act, may, upon application, be licensed as a professional engineer after: (a) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the board shall be included in the application for licensure; and (b) Successful passage of an examination on the statutes, rules, and other requirements unique to this state. (5) An individual who has been licensed to practice engineering for fifteen years or more in one or more jurisdictions and who has practiced engineering for fifteen years in compliance with the licensing laws in the jurisdictions where his or her engineering practice has occurred since initial licensure may, upon application, be licensed as a professional engineer after: (a) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the board shall be included in the application for licensure; and (b) Successful passage of an examination on the statutes, rules, and other requirements unique to this state. (6) The board may designate a professional engineer as being licensed in a specific discipline or branch of engineering signifying the area in which the professional engineer has demonstrated competence. (7) Upon application to the board in writing and payment of a fee established by the board, an individual who holds a valid license to practice engineering in another jurisdiction may be issued a temporary permit, valid for a definite period of time, to provide engineering services for a specific project. An individual may not be issued more than one temporary permit. No right to practice engineering accrues to such applicant with respect to any other work not set forth in the temporary permit. Temporary permit holders are subject to all of the provisions of the Engineers and Architects Regulation Act governing the practice of engineering. (8) None of the examination materials described in this section shall be considered public records. (9) The board or its agent shall direct the time and place of the engineering examinations referenced in subsections (1), (2), and (3) of this section. (10) The board may adopt the examinations and grading procedures of the National Council of Examiners for Engineering and Surveying. The board may also adopt guidelines published by the council. (11) Licensure shall be effective upon issuance.

Neb. Rev. Stat. § 81-8,108

In order to safeguard life, health, and property, any person practicing or offering to practice land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed as provided in the Land Surveyors Regulation Act. It shall be unlawful for any person to practice or to offer to practice land surveying in this state unless such person has been duly licensed under the act.

Neb. Rev. Stat. § 81-8,109

For purposes of the Land Surveyors Regulation Act, unless the context otherwise requires: (1) Board or examining board means the State Board of Examiners for Land Surveyors; (2) Land surveying means the establishment or reestablishment of corners and boundaries and the location of lots, parcels, tracts, or divisions of land, which may include distance, direction, elevation, and acreage, and the correct determination and description of lots, parcels, tracts, or divisions of land for, but not limited to, any of the following purposes: (a) To furnish a legal description of any tract of land to be used in the preparation of deeds of conveyance when the description is not the same as the one in the deed of conveyance to the current owner or when bearings, distances, or measurements are needed to properly describe the tract being conveyed; (b) To furnish a legal description of any land surveyed to be used in the platting or subdividing of the land; (c) To determine the amount of acreage contained in any land surveyed; (d) To furnish a topographic plat of a lot, parcel, tract, or division of land and locating natural and artificial features in the air, on the surface or subsurface of the earth, and on the beds or surface of bodies of water for the purpose of establishing the facts of size, area, shape, topography, and orientation of improved or unimproved real property and appurtenances to the real property; (e) To conduct a control survey; or (f) To provide improvement location reports; (3) Land surveyor means a person who engages in the practice of land surveying; (4) Professional land surveyor means a land surveyor who is licensed by the board to engage in the professional practice of land surveying in Nebraska; and (5) Surveyor-in-training means a person (a) who is a graduate in an approved surveying or engineering curriculum of four years or more or who has had four or more years of experience in surveying work of a character satisfactory to the examining board and (b) who has successfully passed the examination in the fundamental surveying subjects and has received from the examining board a certificate stating that that portion of the examination has been successfully passed. The fee for such certificate and for the renewal of such certificate shall be set by the examining board.

Neb. Rev. Stat. § 81-8,110

(1) An examining board shall be established for the purpose of administering the Land Surveyors Regulation Act. The examining board shall be independent of all other examining boards. (2) The board shall enforce the Land Surveyors Regulation Act and the rules and regulations adopted and promulgated pursuant to the act. If any person violates the act, any rule or regulation under the act, or any decision or order of the board, upon the request of the board the Attorney General or the appropriate county attorney shall file an action for the enforcement of the act, rule or regulation, or decision or order and for injunctive relief, if appropriate, in the district court.

Neb. Rev. Stat. § 81-8,111

(1) The Legislature hereby finds and declares that a code of practice established by the board by which professional land surveyors could govern their professional conduct would be beneficial to the state and would safeguard the life, health, and property of the citizens of this state. The code of practice shall include provisions on: (a) Professional competence; (b) Conflict of interest; (c) Full disclosure of financial interest; (d) Full disclosure of matters affecting public safety, health, and welfare; (e) Compliance with laws; (f) Professional conduct and good character standards; and (g) Practice of land surveying. (2) The board may adopt and promulgate rules and regulations to establish a code of practice. (3) The board may publish commentaries regarding the code of practice. The commentaries shall explain the meaning of interpretations given to the code by the board.

Neb. Rev. Stat. § 81-8,113

The examining board shall keep a complete record of all its proceedings which, together with all other records and files of the examining board, shall be filed in the office of the State Surveyor. A roster showing the names and places of business of all professional land surveyors shall be prepared by the secretary of the examining board each year. Copies of this roster shall be sent to all professional land surveyors and shall be furnished to the public on request.

Neb. Rev. Stat. § 81-8,117

(1) No person shall be eligible for a license unless: (a) He or she has successfully passed an examination, designed to determine his or her proficiency and qualification to engage in the professional practice of land surveying. No applicant shall be entitled to take such examination until he or she shows the necessary practical experience in land surveying work; and (b) He or she (i) has not less than six years of surveying experience of which five years must be as defined in subdivision (2) of section 81-8,109 , and three of such five years must have been in a responsible position as a subordinate to a professional land surveyor, or (ii) has graduated, after a course of not less than four years in surveying, engineering, or other approved curriculum, with proportionate credit for lesser time, from a school or college approved by the examining board as of satisfactory standing and has an additional two years of practice in a responsible position. (2) For purposes of this section, responsible position means a position that requires initiative, skill, and independent judgment and does not include the position of chainman, rodman, instrument person, ordinary drafter, or other position performing routine work.

Neb. Rev. Stat. § 81-8,118

(1) To pay the expense of the operation and enforcement of the Land Surveyors Regulation Act, the examining board shall establish application and license fees. Total application and license fees shall not exceed two hundred dollars and shall be in addition to the examination fee which shall be set to recover the costs of the examination and its administration. The board may direct applicants to pay the examination fee directly to a third party who has contracted to administer the examination. At the time the application for a license is submitted the board shall collect from the applicant a nonrefundable application fee. If the applicant successfully qualifies by examination, he or she shall be licensed until April 1 of the immediately following odd-numbered year upon payment of a license fee as set forth in the rules or regulations. After the issuance of a license, a biennial fee of not less than five nor more than one hundred fifty dollars, as the examining board shall direct, shall be due and payable on or before January 1 of each odd-numbered year. Failure to remit biennial fees when due shall automatically cancel the license effective the immediately following April 1, but otherwise the license shall remain in full force and effect continuously from the date of issuance, unless suspended or revoked by the examining board for just cause. A license which has been canceled for failure to pay the biennial fee when due may be reinstated within one year, but the biennial fee shall be increased ten percent for each month or fraction of a month that payment is delayed. Nothing in this section shall prevent the examining board from suspending or revoking any license for just cause. (2) Any person holding a certificate of registration under the Land Surveyors Regulation Act as of September 1, 2024, shall be deemed to be duly licensed under the act until the expiration of such certificate.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)