Wisconsin Legislature: SB444, s. 150

SB444,48,1310 703.11 (2) Required particulars. (intro.) A condominium plat may consist of
11one or more sheets, shall be produced on any material capable of clearly legible
12reproduction or other media that is acceptable to the register of deeds, and shall
13contain at least the following particulars:

SB444, s. 136 14Section 136. 703.11 (2) (b) of the statutes is amended to read:

SB444,48,1915 703.11 (2) (b) A survey of the property described in the declaration complying
16with minimum standards for property surveys adopted by the examining board of
17architects, landscape architects, professional engineers, designers and professional
18land surveyors and showing the location of any unit or building located or to be
19located on the property.

SB444, s. 137 20Section 137. 703.11 (4) of the statutes is amended to read:

SB444,49,221 703.11 (4) Surveyor's Professional land surveyor's certificate. A
22condominium plat is sufficient for the purposes of this chapter if there is attached to
23or included in it a certificate of a licensed professional land surveyor authorized to
24practice that profession in this state that the plat is a correct representation of the

1condominium described and the identification and location of each unit and the
2common elements can be determined from the plat.

SB444, s. 138 3Section 138. 703.115 (1) (b) of the statutes is amended to read:

SB444,49,74 703.115 (1) (b) Provides that a condominium instrument may be rejected only
5if it fails to comply with the applicable requirements of ss. 703.095, 703.11 (2) (a), (c)
6and (d) and (3), 703.275 (5) and 703.28 (1m) or if the professional land surveyor's
7certificate under s. 703.11 (4) is not attached to or included in the condominium plat.

SB444, s. 139 8Section 139. 703.13 (6) (e) of the statutes is amended to read:

SB444,49,139 703.13 (6) (e) Plats and plans showing the altered boundaries and the
10dimensions thereof between adjoining units, and their identifying numbers or
11letters, shall be prepared. The plats and plans shall be certified as to their accuracy
12in compliance with this subsection by a civil engineer, architect, or licensed
13professional land surveyor authorized to practice his or her profession in the state.

SB444, s. 140 14Section 140. 703.13 (7) (c) of the statutes is amended to read:

SB444,49,2015 703.13 (7) (c) Plats and plans showing the boundaries and dimensions
16separating the new units together with their other boundaries and their new
17identifying numbers or letters shall be prepared. The plats and plans shall be
18certified as to their accuracy and compliance with this subsection by a civil engineer,
19architect, or licensed professional land surveyor authorized to practice his or her
20profession in the state.

SB444, s. 141 21Section 141. 703.13 (8) (c) of the statutes is amended to read:

SB444,50,222 703.13 (8) (c) Plats and plans showing the boundaries and dimensions of the
23new unit together with the new identifying number or letter shall be prepared. The
24plats and plans shall be certified as to their accuracy and compliance with this

1subsection by a civil engineer, architect, or licensed professional land surveyor
2authorized to practice in this state.

SB444, s. 142 3Section 142. 707.215 (2) (intro.) of the statutes is amended to read:

SB444,50,74 707.215 (2) Required contents. (intro.) A plat filed for recording under sub.
5(1) may consist of one or more sheets, shall be produced on any material capable of
6clearly legible reproduction or other media that is acceptable to the register of deeds,
7and shall contain at least all of the following:

SB444, s. 143 8Section 143. 707.215 (3) of the statutes is amended to read:

SB444,50,159 707.215 (3) Form of maps and plans. All survey maps and floor plans submitted
10for recording shall be legibly prepared with a binding margin of 1.5 inches on the left
11side and a one-inch margin on all other sides on durable white media that is 14
12inches in length and 22 inches in width, or on any material capable of clearly legible
13reproduction or other media that is acceptable to the register of deeds, with a
14permanent nonfading black image. The maps and plans shall be drawn to a
15convenient scale.

SB444, s. 144 16Section 144. 707.215 (5) (intro.) of the statutes is amended to read:

SB444,50,2017 707.215 (5) Surveyor's Professional land surveyor's certificate. (intro.) A
18plat is sufficient for the purposes of this chapter if attached to or included in the plat
19is a certificate of a professional land surveyor licensed to practice in this state under
20ch. 443, and the certificate provides all of the following:

SB444, s. 145 21Section 145. 709.02 (1) of the statutes, as affected by 2011 Wisconsin Act 107,
22is amended to read:

SB444,51,1523 709.02 (1) In regard to transfers described in s. 709.01, the owner of the
24property shall furnish, not later than 10 days after acceptance of a contract of sale
25or option contract, to the prospective buyer of the property a completed copy of the

1report under s. 709.03 or 709.033, whichever is applicable, subject to s. 709.035,
2except that the owner may substitute for any entry information supplied by a
3licensed engineer, professional land surveyor, as defined in s. 443.01 (7m), or
4structural pest control operator, by an individual who is a qualified 3rd party, or by
5a contractor about matters within the scope of the contractor's occupation if the
6information is in writing and is furnished on time and if the entry to which it relates
7is identified, and except that the owner may substitute for any entry information
8supplied by a public agency. Information that substitutes for an entry on the report
9under s. 709.03 or 709.033 and that is supplied by a person specified in this section
10may be submitted and certified on a supplemental report prepared by the person, as
11long as the information otherwise satisfies the requirements under this section. A
12prospective buyer who does not receive a report within the 10 days may, within 2
13business days after the end of that 10-day period, rescind the contract of sale or
14option contract by delivering a written notice of recision to the owner or to the owner's
15agent.

SB444, s. 146 16Section 146. 709.07 of the statutes, as affected by 2011 Wisconsin Act 107, is
17amended to read:

SB444,51,23 18709.07 Liability precluded. An owner is not liable for an error or omission
19in a report under s. 709.03 or 709.33 if the owner had no knowledge of that error or
20omission, if the error or omission was based on information provided by a public
21agency, by a licensed engineer, professional land surveyor, as defined in s. 443.01
22(7m), structural pest control operator, or qualified 3rd party, or by a contractor about
23matters within the scope of the contractor's occupation.

SB444, s. 147 24Section 147. 710.09 of the statutes is created to read:

SB444,52,4

1710.09 Navigable stream does not divide parcel. Unless otherwise
2provided by local ordinance, a navigable stream running through a parcel of land
3does not, in and of itself, divide the parcel into 2 parcels if the parcel, on both sides
4of the stream, is owned by the same owner.

SB444, s. 148 5Section 148. 893.37 of the statutes is amended to read:

SB444,52,10 6893.37 Survey. No action may be brought against an engineer or any
7professional land surveyor, as defined in s. 443.01 (7m), to recover damages for
8negligence, errors, or omission in the making of any survey nor for contribution or
9indemnity related to such negligence, errors, or omissions more than 6 years after
10the completion of a survey.

SB444, s. 149 11Section 149. 2009 Wisconsin Act 376, section 13 (1) is amended to read:

SB444,52,1512[2009 Wisconsin Act 376] Section 13 (1) The treatment of section 236.13 (1) (b)
13and (2) (a) of the statutes first applies to preliminary plats or, in cases in which no
14preliminary plats are submitted, final plats that are submitted for approval on the
15effective date of this subsection.

SB444, s. 150 16Section 150. Nonstatutory provisions.

SB444,53,417 (1) Notwithstanding section 443.02 (4) of the statutes, as affected by this act,
18on the effective date of this subsection, a person who has been granted a certificate
19of registration as a land surveyor under section 443.06 (2), 2009 stats., or a permit
20to practice land surveying under section 443.06 (3), 2009 stats., is considered to be
21granted a license to engage in the practice of professional land surveying under
22section 443.06 (2) of the statutes, as affected by this act, or a permit to engage in the
23practice of professional land surveying under section 443.06 (3) of the statutes, as
24affected by this act, and the professional land surveyor section of the examining
25board of architects, landscape architects, professional engineers, designers, and

1professional land surveyors shall issue to the person, as appropriate, a license to
2engage in the practice of professional land surveying under section 443.06 (2) of the
3statutes, as affected by this act, or a permit to engage in the practice of professional
4land surveying under section 443.06 (3) of the statutes, as affected by this act.

SB444, s. 151 5Section 151 . Initial applicability.

SB444,53,66 (1) Professional land surveyors.

SB444,53,87 (a) The treatment of section 26.09 (3) (b) 1. of the statutes first applies to
8surveys recorded on the effective date of this paragraph.

SB444,53,109 (b) The treatment of section 70.27 (5), (6), and (7) (intro.) and (d) of the statutes
10first applies to assessor's plats made on the effective date of this paragraph.

SB444,53,1211 (c) The treatment of section 157.07 (1) of the statutes first applies to lands
12surveyed and platted on the effective date of this paragraph.

SB444,53,1413 (d) The treatment of section 157.07 (2) and (3) of the statutes first applies to
14cemetery plats and maps created on the effective date of this paragraph.

SB444,53,1715 (e) The treatment of section 236.21 (1) (intro.), (a), and (d) of the statutes first
16applies to plats certified by a professional land surveyor, as defined in section 443.01
17(7m) of the statutes, as created by this act, on the effective date of this paragraph.

SB444,53,1918 (f) The treatment of section 236.02 (2m) of the statutes first applies to
19correction instruments that are drafted on the effective date of this paragraph.

SB444,53,2120 (g) The treatment of sections 236.15 (2) and 236.34 (1) (a) of the statutes first
21applies to surveys that are performed on the effective date of this paragraph.

SB444,53,2522 (h) The renumbering and amendment of section 236.32 of the statutes and the
23creation of section 236.32 (2m) of the statutes first apply to the placement, removal,
24or disturbance of monuments, or the failure to replace monuments, on the effective
25date of this paragraph.

SB444,54,2

1(i) The treatment of section 236.34 (1) (d) (intro.), 1., and 4. of the statutes first
2applies to certified survey maps recorded on the effective date of this paragraph.

SB444,54,43 (j) The treatment of section 703.02 (6m) of the statutes first applies to correction
4instruments drafted on the effective date of this paragraph.

SB444,54,65 (k) The treatment of section 703.11 (4) of the statutes first applies to
6condominium plats certified on the effective date of this paragraph.

SB444,54,97 (l) The treatment of section 703.13 (6) (e), (7) (c), and (8) (c) of the statutes first
8applies to condominium plats and plans certified on the effective date of this
9paragraph.

SB444,54,1110 (m) The treatment of section 707.215 (5) (intro.) of the statutes first applies to
11certifications made on the effective date of this paragraph.

SB444,54,1312 (n) The treatment of sections 709.02 (1) and 709.07 of the statutes first applies
13to original reports furnished on the effective date of this paragraph.

SB444,54,1514 (o) The treatment of section 893.37 of the statutes first applies to acts or
15omissions occurring on the effective date of this paragraph.

SB444,54,1616 (2) Plats and certified survey maps.

SB444,54,2217 (a) The treatment of sections 236.12 (2) (intro.), (a), (ac), and (b), (3), (4), (5), (6),
18and (8), 236.13 (2m), and 236.20 (1) (b) of the statutes, the renumbering and
19amendment of section 236.11 (2) of the statutes, and the creation of section 236.11
20(2) (b) of the statutes first apply to preliminary plats or, in cases in which no
21preliminary plats are submitted, to final plats, that are submitted for approval on
22the effective date of this paragraph.

SB444,54,2523 (b) The treatment of sections 236.025, 236.15 (1) (intro.), (a), and (d), and 236.34
24(1) (b) of the statutes first applies to surveys performed on the effective date of this
25paragraph.

SB444,55,3

1(c) The treatment of section 236.20 (1) (a), (2) (g) and (k), (3) (b), (4) (b), (5) (c),
2and (6) of the statutes first applies to final plats, and to certified survey maps if
3applicable, that are submitted for approval on the effective date of this paragraph.

SB444,55,64 (d) The treatment of sections 236.21 (1) (b) and 236.25 (2) (c) and (d) of the
5statutes first applies to final plats that are offered for record on the effective date of
6this paragraph.

SB444,55,97 (e) The treatment of section 236.34 (1) (d) 2. and (2) (b) 1. of the statutes first
8applies to certified survey maps that are offered for record on the effective date of this
9paragraph.

SB444,55,1110 (f) The treatment of section 236.34 (1) (e) of the statutes first applies to certified
11survey maps that are submitted for approval on the effective date of this paragraph.

SB444,55,1212 (3) Recording media.

SB444,55,1413 (a) The treatment of section 70.27 (2) of the statutes first applies to assessor's
14plats that are offered for record on the effective date of this paragraph.

SB444,55,1615 (b) The treatment of section 236.25 (2) (a) of the statutes first applies to final
16plats that are offered for record on the effective date of this paragraph.

SB444,55,1817 (c) The treatment of section 236.34 (1) (c) of the statutes first applies to certified
18survey maps that are offered for record on the effective date of this paragraph.

SB444,55,2019 (d) The treatment of section 703.11 (2) (intro.) of the statutes first applies to
20condominium plats that are offered for record on the effective date of this paragraph.

SB444,55,2421 (e) The treatment of section 707.215 (2) (intro.) and (3) of the statutes first
22applies to time-share property plats or time-share property survey maps and floor
23plans, as applicable, that are offered for record on the effective date of this
24paragraph.

SB444, s. 152 25Section 152. Effective date.

SB444,56,2

1(1) This act takes effect on the first day of the 4th month beginning after
2publication.

SB444,56,33 (End)