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HomeMy WebLinkAboutRES 2023-041BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTTON No. 2on - 0 +lf-1 ADOPTING THE (SURVEY MONUMENT PRESERVATION'' PUBLIC WORKS POLICY WHEREAS: The Kittitas County Department of Public Works has an ongoing business practice to preserve survey monuments within the road right-of-way; and WHEREAS: The County Road Administration Board requires formal written adoption of Public Works' "Survey Monument Preservation" policy: and WHEREAS: Public Works presented adraft survey monument preservation to the Board of County Commissioners during a recent Public Works Study Session; NOW' THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby adopt the Department of Public Works "survey Monument Preservation" policy. DATED this 7tr'day of March2023, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COI-INTY , WASHINGTON Board- Julie Kjorsvik//litiilll\ tr Deputy Clgrk of the Board- Mandy Buchholz Brett th, Vice-Chairman Commissioner SU RVEY MON U M ENT PRESERVATION POLICY EFFECTIVE March/O7 /2023 PoIi Effective Date: 03/07 /2023 Revision Date: It is the policy of Kittitas County Public works to ensure that all known survey monuments within the county road rights-of-way are located and perpetuated and to adhere to state laws regarding survey monuments in compliance with WAC 332-120, RCW 36.86, RCW 58.24.040, and RCW 58.09. Also, it is the policy of Kittitas County Public Works to coordinate with other government agencies, private surveyors, engineers, and others for survey monument preservation. Survey monuments are public domain and belong to all of the citizens of Washington State. RCW 58.24.040(8), RCW 36.86.050, and 332-120 WAC require county road departments to manage and protect survey monuments located within the county road rights of way. No survey monument shall be removed, destroyed, or have reasonable access impeded before a permit is obtained from the DNR. The County Engineer, as a licensed professional engineer in the State of Washington, can be held accountable for improper survey monument protection perpetrated by the county road department. On June 4th, l-851, the initial point for all section corners in Washington and Oregon was established in the Willamette Valley. All land boundary surveys must be tied to this point via a system known as the Public Land Survey System (PLSS). On April 4,1972, Washington State created State Laws in regard to the removal or destruction of Survey Monuments (WAC 332-L20). This would be followed by the laws known as the Survey Recording act in 1973 (RCW 58.09). On August 8,201-6, Kittitas County signed an Memorandum of Understanding (MOU) with the Department of Natural Resources (DNR) in regards to monument preservation in regards to cou nty chipsea I operations. On February !5,2022, the County Road Administration Board (CRAB) revised WAC 136-50-050 adding requirements for charter counties to include county policies regarding county road standards and survey monument preservation. The purpose of this policy is to ensure that the Department understands its duty to protect and preserve survey monuments within the county road right of way when performing any type of work, but in particular construction projects and pavement preservation projects where there is a risk that monuments could be disturbed or covered. Procedure Divisions within Kittitas County Public Works are to ensure existing monuments are not disturbed without first obtaining the Washington State Department of Natural Resources permits required by state law. Public Works is to ensure monuments are perpetuated for construction and maintenance activities. The County Engineer and/or County Surveyor will be responsible for the following: 1. Training of staff in the recognition of survey monuments as well as the importance and legal implications of their accurate position. 2. Training of staff in the reference, replacement, and documentation of survey monuments. 3. Education and enforcement of monument preservation among contractors, franchisees, and permit holders. Search for, identify, and mark existing visible survey monuments within the project limits. lt is the responsibility of the licensed engineer, or their designee, in responsible charge of any roadway surface reconstruction, rehabilitation or annual pavement projects, which may cover existing visible survey monuments, to search for, identify, and mark any such survey monuments within the project limits. Ensure monuments that were covered during a road construction project are uncovered and made accessible after completion of annual activities. All monuments that were covered during a project shall be uncovered and made accessible after completion of annual activities. Send notification with attachments to the Public Lands Survey Office of planned projects forthe upcoming year which may cover survey monuments including road names and mileposts and/or beginning and ending intersections. Submit a signed annual letter to DNR PLSO with attachments certifying that the affected monuments were uncovered as soon as possible after completion. The professional engineer in responsible charge of pavement preservation projects shall submit an annual letter to the department certifying that the affected monuments were uncovered. Relevant Sta tutes The Department of Natural Resources (DNR) has rule making responsibility regarding survey monument protection within Washington State. See RCW 58.24, RCW 58.09, & 332-120 WAC The Board of Registration for Professional Engineers and Land Surveyors has regulatory over individual professional engineers and land surveyors regarding monument protection...but lacks authority over public agencies. See RCW 58.09, 332-t2O WAC, 196-27A-030(5)WAC, & RCW s8.04.015. The County Road Administration Board (CRAB) has regulatory authority over Counties/county road departments regarding "provisions of law relating to county road administration and the standards of good practice". see RCW's 36.78.070(3), 090(1)(b), 100, RCW 36.86.050, RCW 58.09, 332-1.32 wAC, & 136-50- 0s0(s)wAC.