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4. As used in this section, “surveyor” includes: NRS 625.380 Requirements for monuments.
(a) A professional land surveyor or his designee. 1. Except as otherwise provided in subsection 3, monuments
(b) A surveyor employed by the Federal Government or an set must be sufficient in number and durability and efficiently
agency of the Federal Government, the State of Nevada, a political placed so as not to be readily disturbed to ensure, together
subdivision of the state or an agency of the state. with monuments already existing, the perpetuation of facile re-
establishment of any point or line of the survey.
The Senate Committee on Commerce discussed this bill on 2. Any monument set by a professional land surveyor to
June 23, 1997. In this meeting minutes, they explained that the mark or reference a point on a property or boundary line must be
changes to most of the bill were not substantive and had only permanently and visibly marked or tagged with the number of the
slight changes to clarify the legislative intent. license of the professional land surveyor setting it, each number
The Senate clarified this section by simplifying and strengthening to be preceded by the letters “P.L.S.”
the language. The new language made clear the intent did 3. Except as otherwise provided in subsection 4, if a monument
not relieve surveyors from civil liability and strengthened the cannot be set or reset because of steep terrain, water, marsh
requirement for providing notice. In the minutes, the Committee or existing structures, or if it would be obliterated as a result of
stated that changing “registration number” to “number of the construction or maintenance of any highway under the jurisdiction
license” was not a substantive change. of the Department of Transportation, one or more reference
monuments, as defined in NRS 329.120, must be set. In addition
Second Amendment to the requirements for a monument set forth in subsections 1
This statute was last amended in 1999 as part of Assembly Bill and 2, the letters “RM” must be stamped in the tablet, disc or cap
No. 202. This bill was again sponsored by the Committee on of the reference monument. One reference monument may be
Commerce and Labor. used if it is set on the actual line or a prolongation thereof. In all
other cases, at least two reference monuments must be used. If
the reference monuments do not appear on a record of survey filed
Section 1. NRS 625.335 is hereby amended to read as follows:
in accordance with the provisions of NRS 625.340 to 625.380,
625.335 1. A surveyor may enter public or private land, a inclusive, a corner record must be filed pursuant to chapter 329 of
water course or a body of water to: NRS.
4. The provisions of subsection 3 do not apply if federal law
(a) Investigate, recover, establish, reestablish, rehabilitate, per- prohibits the destruction or removal of a monument.
petuate or use evidence of a boundary location.
From the Commerce and Labor committee minutes, it is clear
(b) Locate, relocate, use, install , perpetuate or replace a survey that sections were amended to clarify that Nevada Department
monument. of Transportation (NDOT) surveyors could move survey
monuments in certain circumstances. The original reading of both
(c) Perform land or control surveying. statutes made it a misdemeanor for anyone to remove survey
monuments and did not exempt surveyors. Tom Fronapfel, the
2. Before entering private land pursuant to subsection 1, a Assistant Director of Planning for NDOT, spoke in favor of the bill
surveyor must provide written notice to the owner or occupant and stated that it would make state law consistent with NDOT
of the land of the proposed date and approximate time of entry policy. Robert J. Bryant, the Deputy Attorney General for NDOT,
upon the land and a statement of the purpose for entry upon the also supported the bill which would allow surveyors to legally
land. The notice must include the name, number of the license and remove survey monuments in certain circumstances including
business affiliation of the surveyor. The surveyor shall obtain the “steep terrain, waters, existing structures, or if a monument
approval of the owner or occupant of the land before entry. An would be obliterated as a result of construction or maintenance
owner shall not unreasonably withhold approval of such entry on activities.” In this case, “the monument could be removed and
his land. The provisions of this subsection are not applicable to an reset using reference monuments.” Bruce Arkell, a contract
entry made pursuant to NRS 37.050. employee of Clark County Public Works opposed the bill stating
that it would still be “unclear and unresolved” He believed that
3. The provisions of this section do not relieve a surveyor from legislation on the issue was unnecessary. Jerry Higgins, from
any civil liability for any damage caused by his entry pursuant to the State Board of Engineers and Land Surveyors, and Brett
subsection 1. Jefferson, Nevada’s Governor to Professional Land Surveys and
lobbyist for the Nevada Association of Land Surveyors, both
4. As used in this section, “surveyor” includes: supported the bill.

(a) A professional land surveyor or his designee. While most of the amended language is in NRS 625.380, adding
the word perpetuate to section 335 clarified that sometimes
(b) A surveyor employed by the Federal Government or an moving a survey monument is the best course of action to
agency of the Federal Government, the State of Nevada, a political prevent damage or destruction. According to the Merriam-
subdivision of the state or an agency of the state. Webster dictionary, perpetuate means to “cause to last
indefinitely.” This clarifies the legislative intent to preserve the
survey monuments.
This is the language currently in the statute. This amendment
only added the word “perpetuate” to section (1)(b). This bill also Editorial note:
amended NRS 625.380: Requirements for monuments. The Right of entry is integral to a land surveyors professional
current version of this section reads: responsibilities. When the landowner is inadequately informed
or misinformed about the surveying
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