Idaho Statutes

TITLE 55 PROPERTY IN GENERAL

CHAPTER 19 RECORDING OF SURVEYS

55-1901.  PURPOSE. The purpose of this chapter is to provide a method for
preserving evidence of land surveys by providing for a public record of
surveys. The provisions shall be deemed supplementary to existing laws
relating to surveys, subdivisions, platting and boundaries.

55-1902.  DEFINITIONS. As used in this chapter
(1)  "Basis of bearing" means the bearing in degrees, minutes and seconds,
or equivalent, of a line between two (2) monuments or corners which serves
as the reference bearing for all other lines on the survey.
 (2)   "Corner" unless otherwise defined, means a property corner, or a 
property controlling corner, or a public land survey corner, or any 
combination of these. 
 (3)  "GPS" is the abbreviation for global positioning system which is 
satellite surveying based on observations of the electromagnetic signals 
broadcast from the U.S. department of defense's NAVSTAR GPS system. 
 (4)  "Idaho coordinate system" shall mean that system of plane coordinates 
as established and designated by chapter 17, title 55, Idaho Code. 
 (5)  "Monument" is a physical structure or object that occupies the exact 
position of a corner. 
 (6)  "Property controlling corner" for a property is a public land survey 
corner, or any property corner, which does not lie on a property line of 
the property in question, but which controls the location of one (1) or 
more of the property corners of the property in question. 
 (7)  "Property corner" is a geographic point on the surface of the earth, 
and is on, a part of, and controls a property. 
 (8)  "Public land survey corner" is any point actually established and 
monumented in an original survey or resurvey that determines the boundaries 
of remaining public lands, or public lands patented, represented on an 
official plat and in the field notes thereof, accepted and approved under 
authority delegated by congress to the U.S. general land office and the 
U.S. department of interior, bureau of land management. 
 (9)  "Survey" shall mean the locating and monumenting of points of lines 
which define the exterior boundary or boundaries common to two (2) or more 
ownerships, except those boundaries defining ownership in established and 
ongoing mineral extraction operations; or which reestablish or restore 
public land survey corners in accordance with established principles of 
land surveying by or under the supervision of a surveyor. 
 (10)  "Surveyor" shall mean every person authorized by the state of Idaho 
to practice the profession of land surveying.

55-1903.  COMPLIANCE WITH CHAPTER REQUIRED. Any surveyor legally engaged
in the practice of land surveying shall comply with the provisions of this
chapter.

55-1904.  RECORDS OF SURVEY -- WHEN FILING REQUIRED. After making a survey
in conformity with established principles of land surveying, a surveyor
shall file a record of survey with the county recorder in the county or
counties wherein the lands surveyed are situated. A record of survey shall
be filed within ninety (90) days after completing any survey which:
 (1)  Discloses a material discrepancy with previous surveys of record;
 (2)  Establishes boundary lines and/or corners not previously existing or
of record;
 (3)  Produces evidence or information which varies from, or is not
contained in, surveys of record relating to the public land survey, lost
public land corners or obliterated land survey corners

55-1905.  RECORDS OF SURVEY -- FILING. The records of survey to be filed
under authority of this chapter shall be processed as follows 
 (1)  The record of survey shall be a map, prepared in black opaque image 
upon stable base drafting film with a minimum base thickness of .003 inches 
by either a photographic process  using a silver image emulsion or by use 
of black opaque drafting film ink, by mechanical or handwritten means. The 
drafting film and image thereon shall be waterproof, tear resistant, 
flexible and capable of withstanding repeated handling, as well as 
providing archival permanence. If ink is used on drafting film, the ink 
surface shall be coated with a suitable substance to assure permanent 
legibility. The drafting film must be of a type which can be reproduced by 
either a photographic or diazo process. The map shall be eighteen (18) 
inches by twenty-seven (27) inches in size, with a three and one-half (3 
1/2) inch margin at the left end for binding, and a one-half (1/2) inch 
margin on all other edges. No part of the drawing or certificates shall 
encroach upon the margins. Signatures shall be in reproducible black ink. 
The sheet or sheets which contain the drawing or diagram representing the 
survey shall be drawn at a scale suitable to insure the clarity of all 
lines, bearings and dimensions. In the event that any survey is of such 
magnitude that the drawing or diagram cannot be placed on a single sheet, 
serially numbered sheets shall be prepared and match lines shall be 
indicated on the drawing or diagram with appropriate  references to other 
sheets. 
 (2)  The original transparency and one (1) legible print of each record of 
survey shall be furnished to the county recorder in the county or counties 
in which the survey is to be recorded.

55-1906.  RECORDS OF SURVEY -- CONTENTS. The records of survey shall show
 (1)  All monuments found or set or reset or replaced, or removed, describing 
their kind, size, location using bearings and distances and giving other data 
relating thereto; 
 (2)  Evidence of compliance with chapter 16, title 55, Idaho Code, 
including instrument numbers of any corner records which have been recorded 
previously and corner records of any corners which are set in conjunction 
with the survey being submitted; basis of bearings, bearing and length of 
lines, scale of map, and north arrow; 
 (3)  Section, or part of section, township and range in which the survey 
is located and reference to surveys of record within or crossing or adjoining
the survey; 
 (4)  Certificate of survey; 
 (5)  Ties to at least two (2) public land survey corner monuments of 
record in one (1) or more of the sections containing the record of survey, 
or in lieu of public land survey corners, to two (2) corners of records 
recognized by the county surveyor. Records of survey which are within 
previously platted subdivisions of record need not be tied to public land 
survey corner monuments.

55-1907.  COORDINATES -- BASIS. When coordinates in the Idaho coordinate
system are shown on a record of survey map, the map must show 
 (1)  The monument used as the basis of the coordinates, the datum, the 
combined adjustment factor and the zone; 
 (2)  If GPS is used, a statement that current national geodetic survey 
procedures were used to establish the coordinates, along with the 
classification order.

 55-1908.  WHEN RECORD OF SURVEY NOT REQUIRED. A record of survey is not
required of any survey when:
 (1)  It is of a preliminary nature.
 (2)  A map is in preparation for recording or has been recorded under any
other section of the Idaho Code, or pursuant to the laws of the United
States.
 (3)  A survey is performed for a mineral claim location, amendment or
relocation.

55-1909.  FILING FEE. A fee of five dollars ($5.00) per page shall be
charged for filing any record of survey.

55-1910.  DUTIES OF COUNTY RECORDER. The record of survey filed with the
county recorder of any county shall be assigned an instrument number and
shall be bound or filed with other plats of like character in a book or
file designated as "Records of Surveys."
 Proper indexes shall be kept of such record of survey by section, township
and range.
 The survey map transparency shall be stored for safekeeping in a
reproducible condition. It shall be proper for the recorder to maintain for
public reference a set of counter maps that are prints of the
transparencies. The transparencies shall be produced for comparison upon
demand, and full scale copies shall be made available to the public, at
direct cost, by the county recorder.

55-1911.  ERROR OF CLOSURE. Any survey of land involving property
boundaries, including, but not limited to, public land survey lines, shall
be conducted in such a manner to produce an unadjusted mathematical error
of closure of not less than one (1) part in five thousand (5,000).