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SENATE BILL 26-025
BY SENATOR(S) Rich and Snyder;
also REPRESENTATIVE(S) Marshall and Soper, Brown, Clifford, Rutinel.
CONCERNING LAND SURVEY MONUMENTATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 38-51-104, amend
(3)(a) as follows:
38-51-104. Monumentation of land surveys.
(3) (a) If the monuments or markers required by subsection (1) of
this section cannot practicably be set because of steep terrain, water, marsh,
or existing structures; or if they would be lost as a result of proposed street,
road, or other construction; OR THEY CANNOT BE SAFELY SET DUE TO THEIR
POSITION ON A TRAVELED ROAD WITHIN A FEDERAL , STATE , OR OTHER
PUBLIC RIGHT-OF-WAY, one or more reference monuments shall be set.
SECTION 2. In Colorado Revised Statutes, 38-51-105, amend
(7)(a) as follows:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
38-51-105. Monumentation of subdivisions.
(7) (a) If any monuments or markers required by subsection (1), (2),
or (3) of this section cannot practicably be set because of steep terrain,
water, marsh, or existing structures; or if they would be lost as a result of
proposed street, road, or other construction; OR THEY CANNOT BE SAFELY
SET DUE TO THEIR POSITION ON A TRAVELED ROAD WITHIN A FEDERAL ,
STATE, OR OTHER PUBLIC RIGHT-OF-WAY, one or more reference monuments
shall be set.
SECTION 3. In Colorado Revised Statutes, 38-50-103, amend
(2)(b) as follows:
38-50-103. Public records - monument records.
(2) (b) Each county clerk and recorder shall MAY maintain copies of
monument records in a county record-keeping and indexing system and,
upon receipt of each monument record provided pursuant to paragraph (a)
of this subsection (2) SUBSECTION (2)(a) OF THIS SECTION, shall list it in the
system. EACH COUNTY CLERK AND RECORDER MAY MAINTAIN COPIES OF
MONUMENT RECORDS IN ELECTRONIC FORMAT.
SECTION 4. In Colorado Revised Statutes, 38-53-104, amend
(1)(a) and (1)(b) as follows:
38-53-104. Submission of monument record required.
(1) (a) If a professional land surveyor conducts a survey that uses
any monument representing a public land survey monument location,
quarter section corner, sixteenth section corner, government land office or
bureau of land management (government) lot corner as defined by the
nomenclature of the United States public land survey system, or any United
States geological survey or United States coast and geodetic survey, also
known as the national ocean service/national geodetic survey, monument
as a control corner, the professional land surveyor shall submit a monument
record IN ELECTRONIC FORMAT describing such monument with the board
if the monument and its accessories are not substantially described in an
existing monument record previously submitted pursuant to this section or
its predecessor.
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(b) If a professional land surveyor establishes, restores, or
rehabilitates any public land survey monument corner location or section
corner, quarter section corner, or sixteenth section corner as defined by the
nomenclature of the United States public land survey system, the
professional land surveyor shall submit a monument record IN ELECTRONIC
FORMAT.
SECTION 5. In Colorado Revised Statutes, amend 38-53-106 as
follows:
38-53-106. Form of monument records - prescribed by board.
The board shall adopt and revise as necessary the form and technical
specifications for submission of monument records, including the
information to be included with, or as part of, the records. THE BOARD
SHALL NOT REQUIRE THE FORMS SUBMITTED UNDER SECTION 38-53-104 TO
BE SUBMITTED IN PAPER FORMAT.
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 3-SENATE BILL 26-025
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
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