SB 540 — Updating WV coordinate systems

WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Committee Substitute for Senate Bill 540 BYSENATOWBy OODRUMSenator [OriginatingWoodrum in[Passed theMarch Committee6, on2024; Government Organization;

reportedin Februaryeffect 2,90 2024]days from passage] Enr CS for SB 540 AAN BILLACT to amend and reenact §1-1-5 of the Code of West Virginia, 1931, as amended, relating to updating the West Virginia coordinate systems.

(c) The plane coordinate values used to express the position or location of a point in this system shall consist of two distances, expressed in U.S.feet and decimals of a foot or in meters and decimals of a meter.

Survey feet and decimals of a foot or in meters and decimals of a meter.

(d) The associated factor of one meter equals 39.37/12 United States Survey 1/0.3048 feet shall be used in any conversion necessitated by changing values from meters to United States Survey feet.

CS(e) Information and mathematical data for SBdefining 540the (e)WVCS, Forand previous versions thereof, including but not limited to, the purposeWest Virginia Coordinate System of 1927 and the useWest 1 Enr CS for SB 540 Virginia Coordinate System of this1983, systemand information and mathematical data for translating or converting coordinates between the stateWVCS isand dividedthe intoprevious aversions Norththereof, Zoneshall be the information and adata Southpublished Zone.by the NGS for such purposes.

The(f) areaFor nowpurposes includedof describing the location of any survey station in the followingState countiesof isWest Virginia, it shall be considered a complete, legal, and satisfactory description of the Northlocation Zone:to give the position of the survey station on the WVCS as defined in this section.

Barbour,(g) Berkeley,Any Brooke,survey Doddridge,that Grant,establishes Hampshire,WVCS Hancock,coordinates Hardy,to Harrison,express Jefferson,definite Marion,positions, Marshall,which Mineral,is Monongalia,to Morgan,be Ohio,used Pleasants,or Preston,relied Ritchie,upon Taylor,by Tucker,any Tyler,federal, Wetzel,state, Wirtor andlocal Wood.government entity, or by the public generally, shall be performed:

The area now included in the following counties is the South Zone:

Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lewis, Lincoln, Logan, McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Randolph, Roane, Summers, Upshur, Wayne, Webster and Wyoming.

(f) As established for use in the North Zone, the WVCS shall be named and in any land description, map, survey or geospatial product in which it is used it shall be designated the WVCS North Zone.

As established for use in the South Zone, WVCS shall be named and in any land description, map, survey or geospatial product in which it is used it shall be designated the WVCS South Zone.

(g)(e) Information and mathematical data for defining the WVCS, and previous versions thereof, including but not limited to, the West Virginia Coordinate System of 1927 and the West Virginia Coordinate System of 1983, and information and mathematical data for translating or converting coordinates between the WVCS and the previous versions thereof, shall be the information and data published by the NGS for such purposes.

(h) (f) For purposes of describing the location of any survey station in the State of West Virginia, it shall be considered a complete, legal, and satisfactory description of the location to give the position of the survey station on the WVCS as defined in this section.

CS for SB 540 (i) (g) Any survey that establishes WVCS coordinates to express definite positions, which is to be used or relied upon by any federal, state, or local government entity, or by the public generally, shall be performed:

and (2) In compliance with all other laws, rules, or regulations governing surveying in the State of West Virginia;

(j) (h) In addition to any other requirements imposed by law, rule or regulation, any map, plat, report, description or geospatial product that claims to report WVCS coordinates to express definite positions, to be used or relied upon by any federal, state, or local government entity, or by the public generally, shall show, or have attached thereto, metadata that meets the requirements established by the FGDC in effect at the time the map, plat, report, description, or geospatial product was produced, including a description of the methodology used to establish the WVCS coordinate values reported that is adequate for users to evaluate the accuracy of the coordinates.

(k) (i) For purposes of describing the location of any land boundary corner in the State of West Virginia, it shall be considered a complete, legal, and satisfactory description of the location to give the position of the land boundary corner on the WVCS as required in this section, in addition to other location information as may otherwise be required by law, rule, or regulation:

Provided, That 2 Enr CS for SB 540 nothing contained in this section requires a purchaser or mortgagee of real property to rely wholly on a land description, any part of which depends exclusively upon the WVCS.

(l)(j) WhenNo anycoordinates tractbased on the WVCS, purporting to define the position of a point on a land boundary, may be presented to be definedrecorded byin any public records or deed records unless a singlecertification descriptionis extendsattached fromthereto oneand, intorecorded thesimultaneously othertherewith, ofcertifying the coordinatecoordinates zoneswere specifiedestablished in thiscompliance section,with the positionlaws, ofrules, alland pointsregulations ongoverning itssurveying boundariesin CSWest forVirginia SBby 540a mayprofessional refersurveyor licensed to eitherpractice ofsurveying thein twoWest zones.Virginia pursuant to §30- 13A-1 et seq.

The zone which is being used shall be specifically named in the description.

(m) (j) No coordinates based on the WVCS, purporting to define the position of a point on a land boundary, may be presented to be recorded in any public records or deed records unless a certification is attached thereto and, recorded simultaneously therewith, certifying the coordinates were established in compliance with the laws, rules, and regulations governing surveying in West Virginia by a professional surveyor licensed to practice surveying in West Virginia pursuant to §30-13A-1 et seq.

(n) (k) A plat and a description of survey purporting to define the position of a point on a land boundary by the use of the WVCS must show the following:

(o) (l) The use of the term "West Virginia Coordinate System” North or South Zone" on any map, report, or survey, or other document shall be limited to coordinates based on the WVCS as defined in this section.

(p) (m) Nothing in this section prevents the recording in any public record of any deed, map, plat, survey, description, or of any other document or writing of whatever nature which would otherwise constitute a recordable instrument or document even though the same is not based CS for SB 540 upon or done in conformity with the WVCS established by this section, nor does nonconformity 3 Enr CS for SB 540 with the WVCS invalidate any deed, map, plat, survey, description, or other document which is otherwise proper.

(q) (n) The official geodetic datums to which geodetic coordinates (including, but not limited to, latitude, longitude, ellipsoid height, orthometric height, or dynamic height) are referenced within the State of West Virginia shall be as defined for the NSRS.

(r) (o) Any map, plat, report, description, or geospatial product that establishes or reports geodetic positions referenced to the NSRS for the purpose of expressing definite positions that is to be used by or relied on by any federal, state, or local government entity or by the public generally shall comply with the accuracy and reporting requirements set forth above for the WVCS.

(s) (p) The provisions of this chapter shall may not be construed to prohibit the appropriate use of other coordinate systems, datums, and other geodetic reference networks.