GIS or Unlicensed Surveying? The MySitePlan Case

For decades, a turf war has simmered between Geographical Information Systems (GIS) professionals and Licensed Land Surveyors. GIS firms argue they provide accessible data visualization. Surveyors argue that drawing boundaries without a license puts the public in danger. In 2023, the State of California drew a hard line in the sand with the MySitePlan action.

Case Summary: The California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) issued a citation to a drafting company providing GIS-derived plot plans directly to homeowners, ruling the activity constituted the unlicensed practice of land surveying.

The Core Conflict: Drafting vs Surveying

In the digital age, companies like MySitePlan emerged to fill a market gap: A homeowner needs a simple map to get a permit for a shed or fence. Hiring a licensed surveyor costs $2,000 to $4,000 and takes two months. A drafting company offers to pull county GIS parcel data, overlay it on satellite imagery, draw the shed, and deliver a PDF in 24 hours for $150.

The problem? Establishing where a property line exists on the earth is the exclusive legal domain of a licensed surveyor.

The Board's Rulings

The California Board found that regardless of massive disclaimers stamped on the maps stating "This is not a boundary survey," the fundamental act of depicting the relationship between a proposed physical structure (the shed) and a legal boundary line (the property edge) constitutes land surveying.

Broader Implications for the Geospatial Industry

The MySitePlan enforcement action sent shockwaves through the GIS freelance community. It established a chilling precedent for anyone drawing lines on a map for profit.

What GIS Professionals Can No Longer Do (in stringent states):

What GIS Professionals CAN Do:

Looking at shifted GIS data? See how combining UTM limits and Web Mercator distortion breaks maps.

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E&O Insurance Reality: If a GIS firm is sued for an encroachment caused by their map, their Errors & Omissions insurance carrier will likely deny the claim. Standard GIS E&O policies exclude coverage for claims arising from activities that require a professional license (like surveying or engineering) if the insured does not hold that license.

FAQ

Is it illegal to draw my own plot plan?

As a homeowner, many municipalities allow you to draw your own plot plan for minor permits (like a deck) on your property. It only becomes "unlicensed practice" when someone offers that service to the public for a fee without a license.

Why is county GIS data inaccurate?

Counties digitized 100-year-old paper tax maps into computers without sending surveyors to measure the ground. The lines were "rubber-sheeted" to fit aerial imagery. They are for tax assessment, not boundary determination.

See also: GIS Legal Evidence | Standard of Care | Survey Dispute Cases

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