Page 24 - NYS_ESS_05-2022

Professional Standards for Land Surveying

in the State of New York

By Roy B. Garfinkel, LS

In the November-December 2021 issue of the Empire State Surveyor So, why do we need a set of statewide Minimum Standards
I wrote an article entitled “What are Professional Standards and for land surveying in New York state? Minimum Standards in
Why are They Important”. In that article, I discussed the history New York state will ensure an enforceable, common, consistent
of professional standards, what professional standards are and and high level of practice across our state. A set of Minimum
why they are important. In this follow-up article, I will address Standards, regulated by the Commissioner of Education
why professional standards are important for land surveying in within the NYS Office of Professions, would protect the
New York state. general public, our clients and the profession of land surveying
in our state by assuring that land surveyors in New York state
are responsible to perform their work at an acceptable level
adhering to the traits and behaviors listed above. Minimum
Standards will elevate the public’s confidence in the land
surveying profession by setting clear and measurable goals that
show a more unified statewide approach to the profession.
Enforceable Minimum Standards for the New York’s surveying
profession will ensure retracability and will enable surveyors
As highlighted in my to “walk in the footsteps of the original surveyor”, thereby
prior article, the following protecting the interests of all of the people of the state of New
traits and behaviors York. A set of Minimum Standards helps “level the playing
are associåated with field” across the state, making the expectations and deliverables
professional standards: more consistent, manageable, and understandable. Currently,
New York is one of only a couple of remaining states in the
United States that does not have legislated or mandated land
surveying standards.
So, why do we need a set of mandatory Minimum Standards
when we already have a Code of Practice outlined by the
New York State Association of Professional land surveyors
(NYSAPLS) and we have the Guidelines for Professional
• Accountability – takes responsibility for their actions. land surveyors of New York defined by the New York State
Board of Engineers, land surveyors and Geologists (SBELSG)?
• Confidentiality – keeps all sensitive information private The answer to that question is the limits of enforceability. The
and away from those who should not have access to it. NYSAPLS Code of Practice is a set of suggested methods and
levels of practice which is not enforceable in any situation.
• Fiduciary duty – places the needs of clients before The SBELSG Guidelines have very limited enforceability as
their own.
they are suggested guidance from the Board and the State
• Honesty – always being truthful. Education Department rather than having the weight of
regulation behind them; the Office of Professional Discipline
• Integrity – having strong moral principles. (OPD) is limited to enforcing what is contained in New
• Law-abiding – follows all governing laws in the York State regulation. These current codes and guidelines
jurisdictions they perform activities. lack enforceability, they are written mainly in a Should rather
than Shall format. To ensure that all licensed land surveyors
• Loyalty – remain committed to their profession. practicing in New York are diligent, honest and always have
their clients and the general public’s interest under proper
• Objectivity – not swayed or influenced by biases. consideration, it is our duty to the safety and welfare of our

• Transparency – revealing all relevant information and clients and the general public to promote and encourage a set
not concealing anything. of Minimum Standards to keep all licensees conscientious and
accountable in their professional practices.

22 EMPIRE STATE SURVEYOR / VOL. 58 • NO 3 / 2022 • MAY/JUNE