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| What is the definition of surveying? We handle insurance claims on a large scale and often use drones to produce models and “maps” of the loss site. We have an accident reconstruction group for auto claims that uses drones for their loss investigation's, creating models and maps of the accident site. Our Enviromental group uses drones on Phase 1s and other environmental inspections looking for hazards. We do inspections of large agricultural sites looking for leaking fertilizer for example. Our energy group uses mapping to inspect solar farms and other such sites. None of these “maps” are used to determine property boundaries or other real property or real estate legal lines. Do these activities constitute “surveying” as covered in the recently publicized court case? Thank you for your assistance. Reply: David, The definition of the practice of surveying in North Carolina is set out in state law at N.C. Gen. Stat. § 89C-3(7). See the attached. I have highlighted the relevant portions. The examples you provided do not fall within the definition of surveying. —Wes
Practice of land surveying. – a. Providing professional services such as consultation, investigation, testimony, evaluation, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, whether the gathering of information for the providing of these services is accomplished by conventional ground measurements, by aerial photography, by global positioning via satellites, or by a combination of any of these methods, and the utilization and development of these facts and interpretations into an orderly survey map, plan, report, description, or project. The practice of land surveying includes the following: Locating, relocating, establishing, laying out, or retracing any property line, easement, or boundary of any tract of land; Locating, relocating, establishing, or laying out the alignment or elevation of any of the fixed works embraced within the practice of professional engineering; Making any survey for the subdivision of any tract of land, including the topography, alignment and grades of streets and incidental drainage within the subdivision, and the preparation and perpetuation of maps, record plats, field note records, and property descriptions that represent these surveys; Determining, by the use of the principles of land surveying, the position for any survey monument or reference point, or setting, resetting, or replacing any survey monument or reference point; Determining the configuration or contour of the earth's surface or the position of fixed objects on the earth's surface by measuring lines and angles and applying the principles of mathematics or photogrammetry; Providing geodetic surveying which includes surveying for determination of the size and shape of the earth both horizontally and vertically and the precise positioning of points on the earth utilizing angular and linear measurements through spatially oriented spherical geometry; and Creating, preparing, or modifying electronic or computerized data, including land information systems and geographic information systems relative to the performance of the practice of land surveying. |
Like I said, if you engage in commercial activity then you are subject to the state government (and possibly state law) when you engage in business in that state and if we don't do something about this laws, you are correct, this could be thing and could easily get out of control. So I tend to agree with how you describe this. But as far as I know, no state requires registration and/or fees for the recreational use of drones and I would surmise that doing so would not be supported by the FAA or any laws.
Correct it is commercial use for now.....we actually have to have an Aerial Photography business license in MN.
So one day Jesse Ventura can decide if you take more than 20 hi-resolution photos per week or if you post your fun videos on YT or if your drone has a Minnesota class 3 camera then you no longer qualify to use your drone under state law in the recreational capacity? And you would need a MN business license even if you didn't need part 107?
Correct. He knew what he was doing was wrong, but he didn’t take the initiative you did and ask. Probably because he read so much nonsense as shows up on the internet not to mention others doing the same. Didn’t bother to do his due diligence and now is paying a Licensed Attorney to fight his fight for him because, well……
I understand, but that would cause a lot of chaos and court issues
You mean like the chaos that is created by Uber/Lyft by allowing ordinary people to use their POVs to transport other people without having a taxi permit or a CDL and special government insurance? See what happens to the industry when the government interferes? Decades and decades of nothing but overpriced $200 cab rides that are late, never on time to get you there, only pickup certain people in certain neighbors and only go some places, cash only (for some), junk unsafe vehicles driven by who knows dishonest drivers, and all kinds of archaic rules and customs no different that cabs in the Philippines or Thailand or Tunisia or Morocco. Then capitalism stepped in....yeah it finally took some bold moves by the courts.
I really wish I could just focus on the task at hand but that would be rather short-sighted. We need more than just a "win" in North Carolina, we need rulings that will manage the imaginations that state legislatures and local governments are bound to show whether they have come to fruition now or not yet. It's not my imagination you need to worry about, the state of NY and states like FL, CA, and TX has much bigger "imaginations" than myself. Trust me, you don't want to get caught in the federal circuit ruling game.
