AN ACT to Modify the right of entry for professional land surveyors.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 89C‑19.2, as enacted in S.L. 2023‑142, is recodified as G.S. 14‑159.15.

SECTION 1.(b)  G.S. 14‑159.15, as recodified by subsection (a) of this section, reads as rewritten:

§ 14‑159.15.  Limited right of entry by professional land surveyors.

(a)        For the purposes of this section, the following terms are defined as follows:

(1)        Critical infrastructure. – As defined in 42 U.S.C. § 5195c.

(2)        Critical infrastructure facilities. – Critical infrastructure that is completely enclosed by a fence or other physical barriers that is obviously designed to exclude intruders or clearly marked with a sign or signs posted on the property that are reasonably likely to come to the attention of a person and indicate that entry is forbidden without site authorization.

(3)        Landowner. – The owner, lessee, or occupant of a parcel of land.

(4)        Professional land surveyor. – As defined in G.S. 89C‑3. For purposes of this section, this term includes any agents, employees, or personnel under the supervision of a professional land surveyor.

(a)(a1)        A professional land surveyor licensed under this Chapter shall have the right to enter upon the lands of others, if necessary to perform surveys for the practice of land surveying, including the location of property corners, boundary lines, rights‑of‑way, and easements, and may carry with them their customary equipment and vehicles. Whenever practicable, a professional land surveyor shall notify a landowner of entry onto his or her land. An entry by a professional land surveyor to perform the practice of land surveying under this section shall not constitute trespass under Article 22A or 22B of Chapter 14 of the General Statutes or shall not cause the professional land surveyor to be subject to arrest or a civil action by reason of the entry.

(b)        Nothing in this section shall be construed as giving authority to a professional land surveyor to destroy, injure, damage, or move anything on the lands of another without the written permission of the landowner, and nothing in this section shall be construed as removing civil liability for such damage.

(c)        A professional land surveyor shall make reasonable efforts to notify adjoining landowners upon whose land it is necessary to enter.

(d)       No professional land surveyor or person under such surveyor's supervision shall have a civil cause of action against a landowner or lessee for personal injury or property damage incurred while on the land for purposes consistent with those described in subsection (a) of this section, except when such damages and injury were willfully or deliberately caused by the landowner or lessee. landowner.

(e)        Nothing in this section shall be construed as to give authority to a professional land surveyor to enter lands traversed by an operating railroad or properties owned, held, used, or operated by a railroad or their subsidiaries.

(f)        Nothing in this section shall be construed as to give authority to a professional land surveyor to enter lands containing critical infrastructure or critical infrastructure facilities.

(g)        For the purposes of this section, the following terms are defined as follows:

(1)        Critical infrastructure. – As defined in 42 U.S.C. § 5195c.

(2)        Critical infrastructure facilities. – Critical infrastructure that is completely enclosed by a fence or other physical barriers that is obviously designed to exclude intruders or clearly marked with a sign or signs posted on the property that are reasonably likely to come to the attention of a person and indicate that entry is forbidden without site authorization.

(3)        Professional land surveyor. – As defined in G.S. 89C‑3, including any agents, employees, or personnel under their supervision.

SECTION 1.(c)  G.S. 89C‑2 reads as rewritten:

§ 89C‑2. Declarations; prohibitions.

(a)        In order to safeguard life, health, and property, and to promote the public welfare, the practice of engineering and the practice of land surveying in this State are hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice or to offer to practice engineering or land surveying in this State, as defined in the provisions of this Chapter, or to use in connection with the person's name or otherwise assume or advertise any title or description tending to convey the impression that the person is either a professional engineer or a professional land surveyor, unless the person has been duly licensed. The right to engage in the practice of engineering or land surveying is a personal right, based on the qualifications of the person as evidenced by the person's certificate of licensure, which shall not be transferable.

(b)        A professional land surveyor licensed under this Chapter has a limited right of entry onto real property in accordance with G.S. 14‑159.15.

SECTION 2.  This act is effective when it becomes law and applies to acts on or after that date.