Mod. Bd. of Eng'ers & Surveyors.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 435
Committee Substitute Favorable 4/2/25
Committee Substitute #2 Favorable 6/10/25

Short Title: Mod. Bd. of Eng'ers & Surveyors. (Public)
Sponsors:
Referred to:
March 19, 2025
*H435-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO UPDATE AND CLARIFY THE NORTH C AROLINA ENGINEERING AND 2
LAND SURVEYING ACT, MODIFYING LICENSURE REQUIREMENTS, BOARD 3
POWERS, DISCIPLINARY PROCEDURES, AND OTHER PROVISIONS TO ENHANCE 4
PROFESSIONAL REGULATION AND PRACTICE. 5
The General Assembly of North Carolina enacts: 6
SECTION 1.(a) Land Surveyor Intern Reenactment. – G.S. 89C-3(4) is reenacted as 7
it existed immediately before its repeal under Section 1(a) of S.L. 2022-1 and shall be recodified 8
as subdivision (4b) of that section to ensure the subdivisions of G.S. 89C-3 are listed in 9
alphabetical order and make any conforming changes in the General Statutes to reflect this 10
recodification. 11
SECTION 1.(b) G.S. 89C-13(b)(1) is reenacted as it existed immediately before its 12
repeal under Section 1(b) of S.L. 2022-1. 13
SECTION 1.(c) Applicability. – This section is effective retroactively to July 1, 14
2022, and applies to certificates or licenses issued on or after that date. 15
SECTION 2.(a) G.S. 89C-3 reads as rewritten: 16
"§ 89C-3. Definitions. 17
The following definitions apply in this Chapter: 18
… 19
(7) Practice of land surveying. – 20
a. Providing professional services such as consultation, investigation, 21
testimony, evaluation, planning, mapping, assembling, and 22
interpreting reliable scientific measurements and information relative 23
to the location, size, shape, or physical features of the earth, 24
improvements on the earth, the space above the earth, or any part of 25
the earth, whether the gathering of information for the providing of 26
these services is accomplished by conventional ground measurements, 27
by aerial photography, by global positioning via satellites, or by a 28
combination of any of these methods, and the utilization and 29
development of these facts and interpretations into an orderly survey 30
map, plan, report, description, or project. The practice of land 31
surveying includes the following: 32
1. Locating, relocating, establishing, laying out, or retracing any 33
property line, easement, or boundary of any tract of land; 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 435-Third Edition
2. Locating, relocating, establishing, or laying out the alignment 1
or elevation of any of the fixed works embraced within the 2
practice of professional engineering; 3
3. Making any survey for the subdivision of any tract of land, 4
including the topography, alignment and grades of streets and 5
incidental drainage within the subdivision, and the preparation 6
and perpetuation of maps, record plats, field note records, and 7
property descriptions that represent these surveys; 8
4. Determining, by the use of the principles of land surveying, the 9
position for any survey monument or reference point, or 10
setting, resetting, or replacing any survey monument or 11
reference point; 12
5. Determining the configuration or contour of the earth's surface 13
or the position of fixed objects on the earth's surface by 14
measuring lines and angles and applying the principles of 15
mathematics or photogrammetry; 16
6. Providing geodetic surveying which includes surveying for 17
determination of the size and shape of the earth both 18
horizontally and vertically and the precise positioning of points 19
on the earth utilizing angular and linear measurements through 20
spatially oriented spherical geometry; and 21
7. Creating, preparing, or modifying electronic or computerized 22
data, including land information systems and geographic 23
information systems relative to the performance of the practice 24
of land surveying.activities in sub-sub-subdivisions 1. through 25
6. of this sub-subdivision. 26
…." 27
SECTION 2.(b) G.S. 89C-13, as reenacted by Section 1(b) of this act, reads as 28
rewritten: 29
"§ 89C-13. General requirements for licensure. 30
(a) Engineer Intern. – To be certified as an engineer intern, an applicant shall (i) pass the 31
fundamentals of engineering examination and make application to the Board, (ii) be of good 32
character and reputation, (iii) submit three character references to the Board, one of whom is a 33
professional engineer, (iv) comply with the requirements of this Chapter, and (v) (iv) meet one 34
of the following requirements: 35
(1) Education. – Be a graduate of an EAC/ABET accredited engineering 36
curriculum or of a related science curriculum which has been approved by the 37
Board as being of satisfactory standing. 38
(2) Education and experience. – Be a graduate of an engineering curriculum or 39
related science curriculum of four years or more, other than curriculums 40
approved by the Board as being of satisfactory standing in subdivision (1) of 41
this subsection, and possess engineering experience satisfactory to the Board 42
with a specific record of four or more years of progressive experience on 43
engineering projects of a grade and character satisfactory to the Board. 44
… 45
(b) Land Surveyor Applicant. – The evaluation of a land surveyor applicant's 46
qualifications shall involve a consideration of the applicant's education, technical, and land 47
surveying experience, exhibits of l and surveying projects with which the applicant has been 48
associated, and recommendations by references. The land surveyor applicant's qualifications may 49
be reviewed at an interview if the Board determines it necessary. Educational credit for institute 50
courses, correspondence courses, or other courses shall be determined by the Board. 51
General Assembly Of North Carolina Session 2025
House Bill 435-Third Edition Page 3
The following shall be considered as minimum evidence satisfactory to the Board that the 1
applicant is qualified for licensure as a professional land surveyor:surveyor or land s urveyor 2
intern: 3
(1) To be certified as a land surveyor intern, an applicant shall (i) pass the 4
fundamentals of land surveying examination and make application to the 5
Board, (ii) be of good character and reputation, (iii) submit three character 6
references to the Board, one of whom is a professional land surveyor, (iv) 7
comply with the requirements of this Chapter, and (v) (iv) satisfy one of the 8
following requirements related to education and experience: 9
a. Be a graduate of a surveying curriculum of four years or more or other 10
equivalent curriculum in surveying approved by the Board. 11
b. Have rightful possession of an associate degree in surveying 12
technology approved by the Board, a record satisfactory to the Board 13
of four years of progressive practical exp erience, two years of which 14
shall have been under a practicing professional land surveyor, and 15
have satisfactorily passed a written and oral examination as required 16
by the Board. 17
c. Have graduated from high school or completed a high school 18
equivalency certificate with a record satisfactory to the Board of 10 19
years of progressive, practical experience, six years of which shall 20
have been under a practicing licensed land surveyor, and have 21
satisfactorily passed any oral and written examinations required by the 22
Board. 23
(1a) To be licensed as a professional land surveyor, an applicant shall (i) be of good 24
character and reputation, (ii) submit five character references to the Board, 25
three of whom are professional land surveyors or individuals acceptable to the 26
Board, with personal knowledge of the applicant's land surveying experience, 27
(iii) comply with the requirements of this Chapter, and (iv) meet one of the 28
following requirements: 29
… 30
h. Professional Engineers in Land Surveying. – Any person presently 31
licensed to practice professional engineering under this Chapter shall 32
upon application be licensed to practice land surveying, providing a 33
written application is filed with the Board within one year next after 34
June 19, 1975. 35
i. Photogrammetrists. – Any person presen tly practicing 36
photogrammetry with at least seven years of experience in the 37
profession, two or more of which shall have been in responsible charge 38
of photogrammetric mapping projects meeting National Map 39
Accuracy Standards shall, upon application, be lice nsed to practice 40
land surveying, provided: 41
1. The applicant submit certified proof of graduation from high 42
school, high school equivalency, or higher degree; 43
2. The applicant submit proof of employment in responsible 44
charge as a photogrammetrist practicing within the State of 45
North Carolina to include itemized reports detailing methods, 46
procedures, amount of applicant's personal involvement and 47
the name, address, and telephone numbers of the client for five 48
projects completed by the applicant with the State. A final map 49
for one of the five projects shall also be submitted; 50
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3. Five references to the applicant's character and quality of work, 1
three of which shall be from professional land surveyors, are 2
submitted to the Board; and 3
4. The application is submitted to the Board by July 1, 1999. After 4
July 1, 1999, no photogrammetrist shall be licensed without 5
meeting the same requirements as to education, length of 6
experience, and testing required of all land surveying 7
applicants. 8
j. Any person performing activiti es described in G.S. 89C-3(7)a.2. and 9
7. with at least seven years of experience in performing mapping 10
science surveys, two or more of which have been in responsible charge 11
of mapping science projects that meet the requirements of 21 NCAC 12
56.1608, shall, upon application, be licensed to practice surveying in 13
their area of competence (mapping science) provided all of the 14
following requirements are met: 15
1. The applicant submits certified proof of graduation from high 16
school, high school equivalency, or higher degree. 17
2. The applicant submits proof of employment in responsible 18
charge of mapping science projects within the State of North 19
Carolina, including itemized reports detailing methods, 20
procedures, amount of applicant's personal involvement, and 21
the name, address, and telephone numbers of the client for five 22
projects completed by the applicant within the State. The 23
applicant shall also submit a final map, report, or digital 24
product for one of the five projects. 25
3. Five references as to the applicant's chara cter and quality of 26
work, three of which shall be from professional land surveyors, 27
are submitted to the Board. 28
4. The application is submitted to the Board by July 1, 2014. After 29
July 1, 2014, no individual performing surveys described in 21 30
NCAC 56.1608 shall be licensed without meeting the same 31
requirements as to education, length of experience, and testing 32
required of all land surveying applications. 33
(2) Repealed by Session Laws 2013-98, s. 2 effective June 12, 2013. 34
The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible 35
evidence of land surveying work executed by the applicant under proper supervision and which 36
the applicant has personally accomplished or supervised. 37
Land surveying encompasses a number of disciplines including geodetic surveying, 38
hydrographic surveying, cadastral surveying, engineering surveying, route surveying, 39
photogrammetric (aerial) surveying, and topographic surveying. A professional land surveyor 40
shall practice only within the surveyor's area of expertise. 41
The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible 42
evidence of land surveying work executed by the applicant under proper supervision and which 43
the applicant has personally accomplished or supervised." 44
SECTION 2.(c) G.S. 89C-10 reads as rewritten: 45
"§ 89C-10. Board powers. 46
(a) Rulemaking Authority . – The Board may adopt and amend all rules and rules of 47
procedure as may be reasonably necessary for the proper performance of its duties, the regulation 48
of its procedures, meetings, records, the administration of examinations, and the authority to 49
enforce the rules of professional conduct as may be adopted by the Board pursuant to 50
G.S. 89C-20. 51
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House Bill 435-Third Edition Page 5
The action by the Board in carrying out any of the powers specifie d in this section shall be 1
binding upon all persons licensed under this Chapter, including corporations and business firms 2
holding certificates of authorization. 3
(b) Official Seal. – The Board shall adopt and have an official seal, which shall be affixed 4
to each certificate issued. 5
(c) Enforcement Through Injunctions. – The Board may in the name of the State apply 6
for relief, by injunction, in the established manner provided in cases of civil procedure, without 7
bond, to enforce the provisions of this Chapte r, or to restrain any violation of the provisions of 8
this Chapter. In proceedings for injunctive relief, it shall not be necessary to allege or prove either 9
that an adequate remedy at law does not exist, or that substantial or irreparable damage would 10
result from the continued violation of the provisions of this Chapter. The members of the Board 11
shall not be personally liable under this proceeding. When the Board prevails in actions brought 12
under this subsection to enforce violations of G.S. 89C-23(a)(3), (4), (5), (6), or (8), and the court 13
finds that the violation was committed with fraudulent intent or intentional deceit, the court shall 14
award the Board (i) reasonable attorneys ' fees not to exceed five thousand dollars ($5,000) and 15
(ii) the costs associated with obtaining the relief, including costs associated with the investigation 16
and prosecution of the violation. 17
(d) Examinations. – The Board may subject an applicant for licensure to any examination 18
necessary to determine the applicant's qualifications. 19
(e) Issuance of Licenses. – The Board may issue an appropriate certificate of licensure to 20
any applicant who, in the opinion of the Board, has met the requirements of this Chapter. 21
(f) Investigations. – It shall be the responsibility and duty of the Board to conduct a 22
regular program of investigation concerning all matters within its jurisdiction under the 23
provisions of this Chapter. The investigation of a licensee is confidential until the Board issues a 24
citation to the licensee. The investigation of a nonlicensee is confidential until the Board approves 25
any action authorized under this Chapter against the nonlicensee. The Board may expend its 26
funds for salaries, fees, and per di em expenses, in connection with its investigations, provided 27
that no funds other than per diem expenses shall be paid to any member of the Board in 28
connection with its investigations, nor may any member of the Board give testimony and later sit 29
in deciding on any matter which may directly involve punitive action for the testimony. 30
(g) Instructional Programs . – The Board may use its funds to establish and conduct 31
instructional programs for persons who are currently licensed to practice engineering or land 32
surveying, as well as refresher courses for persons interested in obtaining adequate instruction or 33
programs of study to qualify them for licensure to practice engineering or land surveying. The 34
Board may expend its funds for these purposes and may not only conduct, sponsor, and arrange 35
for instructional programs, but also may carry out instructional programs through extension 36
courses or other media. The Board may enter into plans or agreements with community colleges, 37
public or private institutions of higher learning, State and county boards of education, or with the 38
governing authority of any industrial education center for the purpose of planning, scheduling or 39
arranging courses, instruction, extension courses, or in assisting in obtaining courses of study or 40
programs in the field of engineering and land surveying. The Board shall encourage the 41
educational institutions in this State to offer courses necessary to complete the educational 42
requirements of this Chapter. The Board may expend its funds to support nonprofit engineering 43
and surveying professional societies, as well as nonprofit foundations dedicated to advancing the 44
engineering and surveying professions, for the purposes of encouraging licensure and providing 45
continuing education to licensees. For the purpose of carrying out these objectives, the Board 46
may adopt rules as may be necessary for the educational programs, instruction, extension 47
services, or for entering into plans or contracts with persons or educational and industrial 48
institutions. 49
General Assembly Of North Carolina Session 2025
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(g1) Continuing Education for Surveying Apprenticeships. – The Board shall review and 1
promulgate rules establishing continuing education requirements for surveying apprenticeships 2
and encourage the workforce development of the profession. 3
(h) Licensing Sponsors of Competency Activities. – The Board may license sponsors of 4
continuing professional competency activities who agree to conduct programs in accordance with 5
standards adopted by the Board. Sponsors shall pay a license fee established by the Board, not to 6
exceed two hundred fifty dollars ($250.00) for licensure under this subsection. The license fee 7
shall accompany the application. Sponsors shall renew their licenses annually on a form provided 8
by the Board. 9
(i) Real Property Transactions. – The Board shall have the power to acquire, hold, rent, 10
encumber, alienate, and otherwise deal with real property in the same manner as a private person 11
or corporation, subject only to approval of the Governor and the Council of State. Collateral 12
pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the 13
Board." 14
SECTION 2.(d) G.S. 89C-12 reads as rewritten: 15
"§ 89C-12. Records and reports of Board; evidence. 16
The Board shall keep a record of its proceedings and a register of all applicants for licensure, 17
showing for each the date of application, name, age, education, and other qualifications, place of 18
business and place of residence, whether the applicant was rejected or a certificate of licensure 19
granted, and the date licensure was rejected or granted. The books and register of the Board shall 20
be prima facie evidence of all matters recorded by the Board, and a copy duly certified by the 21
secretary of the Board under seal shall be admissible in evidence as if the original were produced. 22
A roster showing the names and places of business and of residence of all licensed professional 23
engineers and all licensed professional land surveyors shall be prepared by the secretary of the 24
Board current to the month of January of each year. published on the Board's website. On or 25
before the first day of May of each year, the Board shall submit to the Governor a report on its 26
transactions for the preceding year, and shall file with the Secretary of State a copy of the report, 27
together with a complete statement of the receipts and expenditures of the Board attested by the 28
chair and the secretary and a copy of the roster of licensed professional engineers and 29
professional land surveyors." 30
SECTION 2.(e) G.S. 89C-14 reads as rewritten: 31
"§ 89C-14. Application for licensure; license fees. 32
(a) Application Requirements. – Application for licensure as a professional engineer or 33
professional land surveyor shall be on a form prescribed and furnished by the Board. It shall 34
contain statements made under oath, showing t he applicant's education and a detailed summary 35
of the applicant's technical and engineering or land surveying experience, and shall include the 36
names and complete mailing addresses of the references, none of whom may be immediate 37
members of the applicant's family or members of the Board. 38
The Board may accept the certified information on the copy of a current formal certificate of 39
qualifications issued by the National Council of Examiners for Engineering and Surveying in 40
lieu of the same information that is required for the form prescribed and furnished by the Board. 41
(b) Examination and Licensure Fees. – An applicant for licensure who is required to take 42
the written examination shall pay to the Board an application fee not to exceed one hundred 43
dollars ($100.00). The Board may charge any fee necessary to defray the cost of any required 44
examinations. The fee shall accompany the application. The fee for comity licensure of engineers 45
and land surveyors who hold unexpired certificates in another state or a territ ory of the United 46
States or in Canada shall be the total current fee as fixed by the Board. 47
(c) Certification Fees for Corporations and Firms. – The certification fee for a corporation 48
is the amount set by the Board but shall not exceed one hundred dollars ($100.00). The fee shall 49
accompany the application. The certification fee for a business firm is the same as the fee for a 50
corporation. The fee for renewal of a certificate of licensure of a corporation is the amount set by 51
General Assembly Of North Carolina Session 2025
House Bill 435-Third Edition Page 7
the Board but shall not exceed seventy-five dollars ($75.00). The fee for renewal of a certificate 1
of licensure for a business firm is the same as the renewal fee for a corporation. 2
(d) Refunds for Denied Licensure. – Should the Board deny the issuance of a certificate 3
of licensure to any applicant, the unobligated portion of fees paid shall be returned by the Board 4
to the applicant. 5
(e) A candidate failing an examination may apply, and be considered by the Board, for 6
reexamination at the end of six months. The Board shall make such reex amination charge as is 7
necessary to defray the cost of the examination. 8
A candidate with a combination of three failures or unexcused absences on an examination 9
shall only be eligible after submitting a new application with appropriate application fee and 10
documented evidence of actions taken by the candidate to enhance the candidate's prospects for 11
passing the exam. A candidate with a combination of three failures or unexcused absences may 12
only be considered by the Board for reexamination at the end of 12 m onths following the third 13
failure or unexcused absence. After the end of the 12 -month period, the applicant may take the 14
examination no more than once every calendar year." 15
SECTION 2.(f) G.S. 89C-16 reads as rewritten: 16
"§ 89C-16. Certificates of licensure; effect; seals. 17
(a) Certificate Issuance and Designation. – The Board shall issue to any applicant, who, 18
in the opinion of the Board, has met the requirements of this Chapter, a certificate of licensure 19
giving the licensee proper authority to practice the profession in this State. The certificate of 20
licensure for a professional engineer shall carry the designation "professional engineer," and for 21
a land surveyor, "professional land surveyor," shall give the full name of the licensee with the 22
Board designated licensure number and shall be signed by the chair and the secretary under the 23
seal of the Board. 24
(b) Certificate as Evidence of Authority. – This certificate shall be prima facie evidence 25
that the person named on the certificate is entitled to all rights, privileges and responsibilities of 26
a professional engineer or a professional land surveyor, while the certificate of licensure remains 27
unrevoked or unexpired. 28
(c) Seal Requirements and Prohibited Uses. – Each licensee shall upon licensure obtain 29
a seal of a design authorized by the Board bearing the licensee's name, license number, and the 30
legend, "professional engineer," or "professional land surveyor." Final drawings, specifications, 31
plans and reports pr epared by a licensee shall, when issued, be certified and stamped with the 32
seal or facsimile of the seal unless the licensee is exempt under the provisions of G.S. 89C-25(7). 33
seal. It shall be unlawful for a licensee to affix, or permit the licensee's seal and signature or 34
facsimile of the seal and signature to be affixed to any drawings, specifications, plans or reports 35
after the expiration of a certificate or for the purpose of aiding or abetting any other person to 36
evade or attempt to evade any provision of this Chapter. A professional engineer practicing land 37
surveying shall use the licensee's land surveyor seal." 38
SECTION 2.(g) G.S. 89C-17 reads as rewritten: 39
"§ 89C-17. Expirations and renewals of certificates.licenses. 40
(a) Certificates for licensure of corporations and Expiration of Licenses. – Licenses of 41
individuals, corporations, or business firms that engage engaged in the practice of engineering or 42
land surveying shall expire on the last day of the month of June following their issuance or 43
renewal date chosen by the Board and shall become invalid on that date unless renewed. All other 44
certificates for licensure shall expire on the last day of the month of December next following 45
their issuance or renewal, and shall become invalid on that date unless renewed. When necessary 46
to protect the public health, safety, or welfare, the Board shall require any evidence necessary to 47
establish the continuing competency of engineers and land surveyors as a condition of renewal 48
of licenses. When the Board is satisfied as to the continuing competency of an applicant, it shall 49
issue a renewal of the certificate upon payment by the applicant of a fee fixed by the Board but 50
not to exceed seventy-five dollars ($75.00). The Board, by rule, may enact a multiyear re newal 51
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Page 8 House Bill 435-Third Edition
cycle. The secretary of the Board shall notify by mail or email every person or entity licensed 1
under this Chapter of the date of expiration expiration date of the certificate, license, the amount 2
of the fee required for its renewal for one year, renewal, and any requirement as to evidence of 3
continued professional competency. The notice shall be sent by email or mailed at least one 4
month in advance of the expiration date of the certificate.license. 5
(b) Renewal Process. – Renewal shall be effected may be accomplished at any time 6
during the month immediately following the month of expiration, by payment to the secretary of 7
the Board of a renewal fee, as determined by the Board, which shall not exceed seventy -five 8
dollars ($75.00).after issuance of the n otice required under subsection (a) of this section and 9
through the end of the calendar month following the expiration date by complying with the 10
Board's requirements, including any professional competency requirements, as a condition of 11
renewal. The renewal fee shall be set by the Board but shall not exceed seventy-five dollars 12
($75.00) per calendar year of the renewal period. 13
(c) Consequences of Failure to Renew. – Failure on the part of any licensee to renew the 14
certificate annually in a license by the end of the calendar month immediately following the 15
month date of expiration, as required above, shall deprive the licensee of the right to practice 16
until reinstatement of the license. The license may be reinstated at anytime during the first 12 17
months imm ediately following the date the license became invalid by payment of of: (i) a 18
reinstatement fee of one hundred dollars ($100.00) in addition to that shall be set by the Board 19
but shall not exceed one hundred dollars ($100.00) and (ii) the established renewal fee. Failure 20
of a licensee to reinstate the license during the first 12 months immediately following the date 21
the license became invalid shall require the individual, person or entity, prior to resuming practice 22
in North Carolina, t o submit an application on the prescribed form, and to meet all other 23
requirements for licensure as set forth in Chapter 89C. this Chapter. The secretary of the Board 24
is instructed to shall remove from the official roster of engineers and land surveyors th e names 25
of all licensees who have not effected their renewal by the first day of the month immediately 26
following the renewal period. 27
(d) Renewals in Hardship Cases. – The Board may adopt rules to provide for renewals in 28
distress or hardship cases due to military service, prolonged illness, or prolonged absence from 29
the State, where the applicant for renewal demonstrates to the Board that the applicant has 30
maintained active knowledge and professional status as an engineer or land surveyor, as the case 31
may be. 32
(e) Notification of Address Changes. – It shall be the responsibility of each licensee to 33
inform the Board promptly concerning change in any changes to their business or residential 34
address. 35
(f) Notification of Business Changes. – It shall be the respo nsibility of each licensed 36
business firm and corporation to inform the Board promptly concerning any changes to their 37
business name, address, locations, ownership, officers, or services being offered. 38
(g) Inactive License Status. – A licensee may request and be granted inactive status. No 39
inactive licensee may practice in this State unless otherwise exempted in this Chapter. A licensee 40
granted inactive status shall pay annual the required renewal fees fee but shall not be subject to 41
annual continuing professional competency requirements. A licensee granted inactive status may 42
return to active status by meeting all requirements of the Board, including demonstration of 43
continuing professional competency as a condition of reinstatement." 44
SECTION 2.(h) G.S. 89C-23 reads as rewritten: 45
"§ 89C-23. Unlawful to practice engineering or land surveying without licensure; unlawful 46
use of title or terms; penalties; Attorney General to be legal adviser. 47
(a) Any person who shall practice, who commits any of the following acts, in addition to 48
being subject to the injunctive procedures in G.S. 89C-10(c), shall be guilty of a Class 2 49
misdemeanor: 50
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House Bill 435-Third Edition Page 9
(1) Practicing or offer offering to practice, engineering or land surveying in this 1
State without first being licensed in accordance with the provisions of this 2
Chapter, or any person, firm, partnership, organization, association, 3
corporation, or other entity using Chapter. 4
(2) Using or employing the words "engineer" or "engineering" or "professional 5
engineer" or "professional engineering" or "land surveyor" or "land 6
surveying," or any modification or derivative of those words in its name or 7
form of business or activity by any person, firm , partnership, organization, 8
association, corporation, or other entity except as licensed under this Chapter 9
or in pursuit of activities exempted by this Chapter, or any person presenting 10
Chapter. 11
(3) Presenting or attempting to use the certificate of licensure or the seal of 12
another, or any person who shall give any another. 13
(4) Providing false or forged evidence of any kind to the Board or to any member 14
of the Board in obtaining or attempting to obtain a certifi cate of licensure, or 15
any person who shall falsely impersonate licensure. 16
(5) Falsely impersonating any other licensee of like or different name, or any 17
person who shall attempt name. 18
(6) Attempting to use an expired or revoked or nonexistent certificate of licensure, 19
or who shall practice licensure. 20
(7) Practicing or offer offering to practice when not qualified, or any person who 21
falsely claims qualified. 22
(8) Falsely claiming that the person is registered under this Chapter, or any person 23
who shall violate Chapter. 24
(9) Violating any of the provisions of this Chapter, in addition to injunctive 25
procedures set out hereinbefore, shall be guilty of a Class 2 misdemeanor. In 26
no event shall there be representation of or holding out to the public of any 27
engineering expertise by unlicensed persons. Chapter. 28
(b) In no event shall any unlicensed person represent themselves as a professional 29
engineer or a professional land surveyor or hold out to the public any engineering or land 30
surveying expertise with the intent to practice engineering or land surveying . This prohibition 31
shall not apply to activities described in G.S. 89C-25. 32
(c) It shall be the duty of all duly constituted officers of the State and all political 33
subdivisions of the State to enforce the provisions of this Chapter and to prosecute any persons 34
violating them. 35
(d) The Attorney General of the State or an assistant shall act as legal adviser to the Board 36
and render any legal assistance necessary to carry out the provisions of this Chapter. The Board 37
may employ counsel and necessary assistance to aid in the enforcement of this Chapter, and the 38
compensation and expenses for the assistance shall be paid from funds of the Board." 39
SECTION 2.(i) G.S. 89C-25 reads as rewritten: 40
"§ 89C-25. Limitations of Application of Chapter. 41
This Chapter shall not prevent the following activities: 42
… 43
(12) Testifying as a lay or expert witness at a deposition or trial as well as the 44
preparation and drafting of an expert report pursuant to G.S. 1A-1, Rule 45
26(b)(4)a.2. in preparation for testifying as an expert at a deposition or trial." 46
SECTION 2.(j) G.S. 89C-25.2 is repealed. 47
SECTION 3.(a) G.S. 89C-19.2 is repealed. 48
SECTION 3.(b) Article 22B of Chapter 14 of the General Statutes is amended by 49
adding a new section to read: 50
"§ 14-159.15. Limited right of entry by professional land surveyors. 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 435-Third Edition
(a) For the purposes of this section, the following terms are defined as follows: 1
(1) Critical infrastructure. – As defined in 42 U.S.C. § 5195c. 2
(2) Landowner. – The owner, lessee, or occupant of a parcel of land. 3
(3) Practice of land surveying. – As defined in G.S. 89C-3. 4
(4) Professional land surveyor. – As defined in G.S. 89C-3. For purposes of this 5
section, this term includes any agents, employees, or personnel under the 6
supervision of a professional land surveyor. 7
(b) A professional land surveyor shall have the right to enter upon the lands of others, if 8
necessary to perform surveys for the practice of land surveying, including the location of property 9
corners, boundary lines, rights-of-way, and easements, and may carry with them their customary 10
equipment and vehicles. An entry by a professional land surveyor to perform the practice of land 11
surveying under this section shall not constitute trespass under this Article or Article 22A of this 12
Chapter and shall not cause the professional land surveyor to be subject to arrest or a civil action 13
by reason of the entry. 14
(c) Nothing in this se ction shall be construed as giving authority to a professional land 15
surveyor to destroy, injure, damage, or move anything on the lands of another without the written 16
permission of the landowner, and nothing in this section shall be construed as removing ci vil 17
liability for such damage. 18
(d) No professional land surveyor shall have a civil cause of action against a landowner 19
for personal injury or property damage incurred while on the land for purposes consistent with 20
those described in subsection (b) of this section, except when such damages and injury were 21
willfully or deliberately caused by the landowner. 22
(e) Nothing in this section shall be construed as giv ing authority to a professional land 23
surveyor to do the following: 24
(1) Enter lands traversed by an operating railroad or properties owned, held, used, 25
or operated by a railroad or their subsidiaries. 26
(2) Enter lands containing critical infrastructure." 27
SECTION 3.(c) This section applies to acts on or after its effective date. 28
SECTION 4. Rulemaking. – The Board of Examiners for Engineers and Surveyors 29
may adopt rules to implement the provisions of this act. 30
SECTION 5. Effective Date. – Sections 2 and 4 of this act become effective October 31
1, 2025. Except as otherwise provided, this act is effective when it becomes law. 32