Missouri Register Volume 42 Number 1, January 3, 2017

0.8 MB·English

by  Missouri Secretary of State, Administrative Rules Division

Volume 42, Number 1
Pages 1–80
January 3, 2017
S A L U S P O P U L I S U P R E M A L E X E S T O
“The welfare of the people shall be the supreme law.”
J a s o n K a n d e r
Secretary of State
M I S S O U R I
R E G I S T E R
The Missouri Register is an official publication of the state of Missouri, under the authority granted to
the secretary of state by sections 536.015 and 536.033, RSMo 2016. Reproduction of rules is allowed;
however, no reproduction shall bear the name Missouri Register or “official” without the express per-
mission of the secretary of state.
The Missouri Register is published semi-monthly by
S S
ECRETARY OF TATE
Jason Kander
Administrative Rules Division
James C. Kirkpatrick State Information Center
600 W. Main
Jefferson City, MO 65101
[phone]
DIRECTOR
WAYLENEW. HILES
·
MANAGING EDITOR
CURTISW. TREAT
·
EDITOR
AMANDAMCKAY
·
ASSOCIATE EDITOR
VONNE KILBOURN
·
ASSISTANT EDITOR
MARTYSPANN
·
PUBLICATION TECHNICIAN
JACQUELINE D. WHITE
·
ADMINISTRATIVEASSISTANT
ALISHADUDENHOEFFER
ISSN 0149-2942, USPS 320-630; periodical postage paid at Jefferson City, MO
Subscription fee: $56.00 per year
POSTMASTER: Send change of address notices and undelivered copies to:
MISSOURI REGISTER
Office of the Secretary of State
Administrative Rules Division
PO Box 1767
Jefferson City, MO 65102
The Missouri Register and Code of State Regulations (CSR) are now available on the Internet. The Register address is
http://www.sos.mo.gov/adrules/moreg/moreg.asp and the CSR is http://www.sos.mo.gov/adrules/csr/csr.asp. These websites contain
rulemakings and regulations as they appear in the Registers and CSR. These websites do not contain the official copies of the Registers
and CSR. The official copies remain the paper copies published by the Office of the Secretary of State pursuant to sections 536.015 and
536.031, RSMo 2016. While every attempt has been made to ensure accuracy and reliability, the Registers and CSR are presented, to the
greatest extent practicable as they appear in the official publications. The Administrative Rules Division may be contacted by email at
[email protected].
The secretary of state’s office makes every effort to provide program accessibility to all citizens without regard to disability. If you desire
this publication in alternate form because of a disability, please contact the Division of Administrative Rules, PO Box 1767, Jefferson City,
MO 65102, [phone]. Hearing impaired citizens should contact the director through Missouri relay, [phone].
M R
ISSOURI EGISTER
January 3, 2017 Vol. 42 No. 1 Pages 1–80
II TT II ::
NN HHIISS SSSSUUEE
PROPOSED RULES IN ADDITIONS
Department of Agriculture Department of Natural Resources
Weights, Measures and Consumer Protection . . . . . . . . . . .5 Land Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
Department of Economic Development
Public Service Commission . . . . . . . . . . . . . . . . . . . . . .14 DISSOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . .58
Department of Higher Education
Commissioner of Higher Education . . . . . . . . . . . . . . . . .21 SOURCE GUIDES
Department of Natural Resources
RULE CHANGES SINCE UPDATE . . . . . . . . . . . . . . . . .62
Land Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
EMERGENCY RULES IN EFFECT . . . . . . . . . . . . . . . . .69
Department of Insurance, Financial Institutions
EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . . . . . .72
and Professional Registration
REGISTER INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
Missouri Board for Architects, Professional Engineers,
Professional Land Surveyors, and Professional
Landscape Architects . . . . . . . . . . . . . . . . . . . . . . . . .30
State Board of Nursing . . . . . . . . . . . . . . . . . . . . . . . . .48
ORDERS OF RULEMAKING
Department of Agriculture
Weights and Measures . . . . . . . . . . . . . . . . . . . . . . . . .49
Department of Mental Health
Division of Developmental Disabilities . . . . . . . . . . . . . . .52
Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
Department of Public Safety
Missouri Gaming Commission . . . . . . . . . . . . . . . . . . . .53
Retirement Systems
Missouri Local Government Employees’
Retirement System (LAGERS) . . . . . . . . . . . . . . . . . . . .55
Department of Insurance, Financial Institutions
and Professional Registration
Missouri Veterinary Medical Board . . . . . . . . . . . . . . . . .55
Register Register Code Code
Filing Deadlines Publication Date Publication Date Effective Date
September 1, 2016 October 3, 2016 October 31, 2016 November 30, 2016
September 15, 2016 October 17, 2016 October 31, 2016 November 30, 2016
October 3, 2016 November 1, 2016 November 30, 2016 December 30, 2016
October 17, 2016 November 15, 2016 November 30, 2016 December 30, 2016
November 1, 2016 December 1, 2016 December 31, 2016 January 30, 2017
November 15, 2016 December 15, 2016 December 31, 2016 January 30, 2017
December 1, 2016 January 3, 2017 January 31, 2017 February 28, 2017
December 15, 2016 January 17, 2017 January 31, 2017 February 28, 2017
January 3, 2017 February 1, 2017 February 28, 2017 March 30, 2017
January 17, 2017 February 15, 2017 February 28, 2017 March 30, 2017
February 1, 2017 March 1, 2017 March 31, 2017 April 30, 2017
February 15, 2017 March 15, 2017 March 31, 2017 April 30, 2017
March 1, 2017 April 3, 2017 April 30, 2017 May 30, 2017
March 15, 2017 April 17, 2017 April 30, 2017 May 30, 2017
April 3, 2017 May 1, 2017 May 31, 2017 June 30, 2017
April 17, 2017 May 15, 2017 May 31, 2017 June 30, 2017
Documents will be accepted for filing on all regular workdays from 8:00 a.m. until 5:00 p.m. We encourage early filings to facilitate the timely publication of the
Missouri Register. Orders of Rulemaking appearing in the Missouri Registerwill be published in the Code of State Regulations and become effective as listed in the
chart above. Advance notice of large volume filings will facilitate their timely publication. We reserve the right to change the scheduledue to special circumstances.
Please check the latest publication to verify that no changes have been made in this schedule.To review the entire year’s schedule, please check out the website at
http://www.sos.mo.gov/adrules/pubsched.asp
Missouri Participating Libraries
The Missouri Register and theCode of State Regulations, as required by the Missouri Documents Law (section 181.100, RSMo 2016), are available
in the listed participating libraries, as selected by the Missouri State Library:
Jefferson County Library Learning Resources Center Hearnes Learning Resources Ctr. Library
PO Box 1486, 3021 High Ridge Mineral Area College Missouri Western State University Missouri University of Science and
High Ridge, MO 63049-1486 PO Box 1000 4525 Downs Drive Technology
[phone] Park Hills, MO 63601-1000 St. Joseph, MO 64507-2294 1870 Miner Circle
[phone] [phone] Rolla, MO 65409-0060
Jefferson College Library [phone]
Cape Girardeau Public Library
1000 Viking Drive Library
Hillsboro, MO 63050-2441 711 N. Clark North Central Missouri College Lebanon-Laclede County Library
[phone] ext. 160 C(5a7p3e) G33ir4a-r5d2e7a9u, MO 63701-4400 PO Box 111, 1301 Main Street 915 S. Jefferson Ave.
Trenton, MO 64683-0107 Lebanon, MO 65536-3017
St. Louis Public Library Kent Library [phone] ext. 325 [phone]
1301 Olive St. Southeast Missouri State University
St. Louis, MO 63103-2389 One University Plaza Spiva Library University Library
Southwest Baptist University
[phone] Cape Girardeau, MO 63701-4799 Missouri Southern State University
1600 University Ave.
[phone] 3950 East Newman Road
Bolivar, MO 65613-2597
St. Louis University Law Library Joplin, MO 64801-1595
3700 Lindell Blvd. Riverside Regional Library [phone] [phone]
PO Box 389, 1997 E. Jackson Blvd.
St. Louis, MO 63108-3478
[phone] Jackson, MO 63755-0389 Missouri State Library Barry-Lawrence Regional Library
[phone] 600 West Main, PO Box 387 213 6th St.
Monett, MO 65708-2147
Eden/Webster Library Jefferson City, MO 65102-0387
Rutland Library [phone]
Eden Theological Seminary/ Three Rivers Community College [phone]
Webster University 2080 Three Rivers Blvd. Lyons Memorial Library
475 East Lockwood Ave. Poplar Bluff, MO 63901-2393 Missouri State Archives College of the Ozarks
St. Louis, MO 63119-3192 [phone] 600 West Main, PO Box 778 General Delivery
[phone] ext. 7812 Jefferson City, MO 65102-0778 Point Lookout, MO 65726-9999
James C. Kirkpatrick Library [phone] [phone] ext. 3551
University of Central Missouri
Thomas Jefferson Library
University of Missouri-St. Louis 142 Edwards Library Elmer Ellis Library Garnett Library
Warrensburg, MO 64093-5020
8001 Natural Bridge Road University of Missouri-Columbia Missouri State University—West
[phone]
St. Louis, MO 63121-4499 106 B Ellis Library Plains
[phone] Kansas City Public Library Columbia, MO 65211-5149 304 Cleveland
14 West 10th Street [phone] West Plains, MO 65775-3414
Washington University Law Library Kansas City, MO 64105 [phone]
Washington University [phone] Library
Campus Box 1171, Mudd Bldg., State Historical Society of Missouri Springfield-Greene County Library
One Brookings Dr. Law Library 1020 Lowry St. 4653 S. Campbell
St. Louis, MO 63130-4899 University of Missouri-Kansas City Columbia, MO 65211-7298 Springfield, MO 65801-0760
[phone] 5100 Rockhill Road [phone] [phone]
Kansas City, MO 64110-2499
St. Louis County Library [phone] Daniel Boone Regional Library Meyer Library
1640 S. Lindbergh Blvd. Miller Nichols Library PO Box 1267, 100 West Broadway Missouri State University
St. Louis, MO 63131-3598 University of Missouri-Kansas City Columbia, MO 65205-1267 PO Box 175, 901 S. National
Springfield, MO 65804-0095
[phone] ext. 247 5100 Rockhill Road [phone] ext. 359
[phone]
Kansas City, MO 64110-2499
Library [phone] School of Law
Maryville University University of Missouri-Columbia
13550 Conway Road B.D. Owens Library 224 Hulston Hall
St. Louis, MO 63141-7232 Northwest Missouri State University Columbia, MO 65211-0001
800 University Drive
[phone] [phone]
Maryville, MO 64468-6001
[phone]
Pickler Memorial Library Smiley Memorial Library
Truman State University St. Joseph Public Library Central Methodist University
100 E. Normal 927 Felix Street 411 Central Methodist Square
Kirksville, MO 63501-4221 St. Joseph, MO 64501-2799 Fayette, MO 65248-1198
[phone] [phone] [phone]
HOW TO CITE RULES AND RSMo
RULES—Cite material in the Missouri Register by volume and page number, for example, Vol. 28, Missouri Register, page 27. The approved short form of citation
is 28 MoReg 27.
The rules are codified in the Code of State Regulationsin this system—
Title Code of State Regulations Division Chapter Rule
1 CSR 10- 1. 010
Department Agency, Division General area regulated Specific area regulated
They are properly cited by using the full citation , i.e., 1 CSR 10-1.010.
Each department of state government is assigned a title. Each agency or division within the department is assigned a division number. The agency then groups its rules
into general subject matter areas called chapters and specific areas called rules. Within a rule, the first breakdown is called a section and is designated as (1). Subsection
is (A) with further breakdown into paragraph 1., subparagraph A., part (I), subpart (a), item I. and subitem a.
RSMo—The most recent version of the statute containing the section number and the date.
Proposed Rules
January 3, 2017 MISSOURI
Vol. 42, No. 1 REGISTER
PURPOSE: This rule complies with section 536.023, RSMo
Under this heading will appear the text of proposed rules [(1986)] which requires each agency to adopt as a rule a descrip-
and changes. The notice of proposed rulemaking is tion of its operation and the method where the public may obtain
required to contain an explanation of any new rule or any information or make submissions or requests.
change in an existing rule and the reasons therefor. This is set
out in the Purpose section with each rule. Also required is a PUBLISHER’S NOTE: The secretary of state has determined that the
citation to the legal authority to make rules. This appears fol- publication of the entire text of the material which is incorporated by
lowing the text of the rule, after the word “Authority.” reference as a portion of this rule would be unduly cumbersome or
Entirely new rules are printed without any special symbol- expensive. This material as incorporated by reference in this rule
ogy under the heading of proposed rule. If an existing shall be maintained by the agency at its headquarters and shall be
rule is to be amended or rescinded, it will have a heading of made available to the public for inspection and copying at no more
proposed amendment or proposed rescission. Rules which than the actual cost of reproduction. This note applies only to the ref-
are proposed to be amended will have new matter printed in erence material. The entire text of the rule is printed here.
boldface type and matter to be deleted placed in brackets.
An important function of the Missouri Registeris to solicit (1) The Division of Weights, [and] Measures and Consumer
and encourage public participation in the rulemaking Protection is a unit of the Department of Agriculture, state of
process. The law provides that for every proposed rule, Missouri. The primary responsibility of this division is to maintain
amendment, or rescission there must be a notice that anyone equity in the marketplace. This is accomplished by assuring the accu-
may comment on the proposed action. This comment may racy of weighing and measuring devices which are used commercially;
take different forms. monitoring the weighing and measuring practices of buyers and sellers
If an agency is required by statute to hold a public hearing alike to assure accuracy and fair dealing in the exchange of goods and
services; establishing requirements for methods and tolerances for
before making any new rules, then a Notice of Public
moisture-measuring devices; inspecting eggs to insure they meet prop-
Hearing will appear following the text of the rule. Hearing
er grade standards for quality and size; prohibiting milk sales practices
dates must be at least thirty (30) days after publication of the
that unfairly divert trade from a competitor; establishing safety stan-
notice in the Missouri Register. If no hearing is planned or
dards for handling and use of anhydrous ammonia, liquefied petroleum
required, the agency must give a Notice to Submit
gases, and petroleum products; [and] establishing quality standards
Comments. This allows anyone to file statements in support
for motor fuel[.];to restore, maintain, and preserve locations of the
of or in opposition to the proposed action with the agency
corners set by the original surveys of the United States public land
within a specified time, no less than thirty (30) days after pub-
surveys and their subsequent extensions along with all pertinent
lication of the notice in the Missouri Register.
field notes, plats, and documents; to establish and maintain a
An agency may hold a public hearing on a rule even
record storage and retrieval system for all land survey records in
though not required by law to hold one. If an agency
this state; to extend geodetic control surveys to permit general use
allows comments to be received following the hearing date,
of the Missouri State Coordinate System; and to prescribe and dis-
the close of comments date will be used as the beginning day seminate regulations to assist in uniform and professional survey-
in the ninety- (90-) day-count necessary for the filing of the ing methods and standards. The division consists of [four (4)]five
order of rulemaking. (5) programs to carry out these duties—Metrology Laboratory,
If an agency decides to hold a public hearing after planning Scale/Egg/Milk Program, Petroleum/Propane/An-hydrous Ammonia
not to, it must withdraw the earlier notice and file a new Program, [and] Grain Moisture Meter Program and The Land
notice of proposed rulemaking and schedule a hearing for a Survey Program.
date not less than thirty (30) days from the date of publication
of the new notice. (2) The address of the division is 1616 Missouri Boulevard, P[.]O[.]
Box 630, Jefferson City, MO 65102.
Proposed Amendment Text Reminder: [(3) The Division of Weights and Measures utilizes the fol-
Boldface text indicates new matter. lowing forms in the course of inspection, laboratory testing
[Bracketed text indicates matter being deleted.] and licensing duties: Application for Egg License; Egg
Program Stop Sale Form; Egg/Milk Products Inspection
Title 2—DEPARTMENT OF AGRICULTURE Report; Milk Products Distributor License Application; Milk
Division 90—Weights, [and] Measures and Consumer Products Distributor Questionnaire; Milk Products
Protection Distributor’s Worksheet; Milk Products Processor License
Chapter 1—Organization and Description Application; Milk Products Processor’s Worksheet; Fuel
Quality Complaint/Violation Form; Official Motor Fuel Quality
PROPOSED AMENDMENT Inspection; Official Motor Fuel Quality Inspection— Follow
Up Report; Petroleum Laboratory—Alcohol Test; Petroleum
2 CSR 90-1.010 General Organization. Pursuant to HB28 The Laboratory—API Gravity; Petroleum Laboratory— Calculate
Land Survey Program was moved from Department of Natural Cetane Index; Petroleum Laboratory—Flash Point Test;
Resources to Department of Agriculture in August 2013. This divi- Petroleum Laboratory—Lead in Unleaded Gasoline Test;
sion is amending the division title, purpose, sections (1) and (2), Petroleum Laboratory—Reid Vapor Pressure; Petroleum
deleting section (3), and adding a new section (3). Laboratory—Saybolt Color; Petroleum Laboratory— Water
and Sediment Test; Petroleum Laboratory—Water Tolerance
PURPOSE: This amended rule adds the Land Survey Program, for- Test; Alcohol Detection Test Report; Distillation Test Report
merly residing in the Missouri Department of Natural Resources, to Form; Octane Run Sheet, Octane Test Report; Toluene
the division’s general organization and description. The rule is delet- Standardization Report; Stop Sale Notice; Fuel Quality
ing old section (3) because the division no longer uses many paper Program—Stop Sale Tag; Refined Fuels Broken Seal Report;
forms. Refined Fuels Truck and Meter Test Report; Refined Fuels
5
January 3, 2017
Page 6
Proposed Rules Vol. 42, No. 1
Truck and Meter Correction; Terminal Meter Calibration Consumer Protection Division, Mr. Ronald G. Hayes, Division
Report—A; Terminal Meter Calibration Report—B; Terminal Director, PO Box 630, Jefferson City, MO 65102. Hand carried
Test Conclusions; Serviceman Registration Application for copies may be delivered to the Missouri Department of Agriculture,
Installation and Service of Weighing and Measuring Devices; Weights, Measures and Consumer Protection Division, Mr. Ronald
Refined Fuels Serviceman Registration Card; Refined Fuels G. Hayes, Division Director, 1616 Missouri Blvd., Jefferson City,
Rejection Tag; Service Station Broken Seal Report; Gas MO 65109. To be considered, comments must be received within thir-
Pump Inspection Form; Pump Correction Form; LPG ty (30) days after publication of this notice in the Missouri Register.
Rejection Tag; LPG Broken Seal Report; Mobile Home Safety No public hearing is scheduled.
Inspection Form; LP Gas/Anhydrous Ammonia Inspection
Form; Application For LP Gas System Installation; Official
Accident Inspection Form; Official Inspection For Bulk
Storage Plant, Industrial Consumer Plant, Bottled Gas Filling Title 2—DEPARTMENT OF AGRICULTURE
Facility and Commercial System with Large Storage; Gas
Division 90—Weights, Measures and Consumer
Dispensing Devices Registration Application; Registration
Application Form—Installers and Services; Registration Protection
Application Form—Bulk Storage Plant Operators and General Chapter 60—Missouri Standards for Property Boundary
LP Gas Sales and Service Business; Registration Application Surveys
Form—LP Gas Transporter; LP Gas Inspection Authority
Registration Certificate; Official School Bus Inspection—LPG
Carburetion System; LP Gas System Annual Pressure Test PROPOSED RULE
Report; LP Gas Inspection Authority—Statement for Money
Due; LP Gas Meter Testing Money Report; LPG Truck and 2 CSR 90-60.010 Application of Standards
Meter Test Report; LPG Motor Fuel Conversion Report for
Official Decal; Scale Reject Tag; Scale Inspection Report/Fee
PURPOSE: These standards provide the professional land surveyor
Invoice; Scale Test Report; Livestock Scale Test Report;
andrecipient ofboundary surveyswitharealistic guidelineforade-
Hopper Scale Test Report; Weekly Activity Report—Scales,
quatesurvey performance.Thisruledescribesthetypesofsurveysto
Milk and Eggs; Weekly Activity Report; Placing in Service
whichthese standards apply.
and/or Report of Scale Sale; Package Checking Report;
Random Pack Report; Stop Sale/Use Order; Taximeter Test
Report; Worksheet for Packages Labeled by Liquid Volume; The standards in this chapter apply to all property boundary
Inter-Office Report; General Inspection Report/Request; surveys made for determining the location of land boundaries and
Servicemen Registration Card; Recording Sheet For Weights land boundary corners, but do not apply to preliminary plats or
Tolerance Testing; Recording Sheet for Weighing— plans, plot plans, design surveys, geodetic surveys, or cartographic
Transportation, Substitution and Tolerance Testing; surveys. Any individual or corporation licensed with the board to
Metrology Calibration Statement; Certificate of Test— perform land surveying services in this state shall be familiar with
Volumetric Standards; Certificate of Test—Field Standards; and comply with these standards. The Missouri Standards for
Certificate of Test—Test Weights—Class S; Certificate of Property Boundary Surveys are not intended to be used in place
Test—Test Weights—Class F; Certificate of Test—Linear of professional land surveying judgment. There maybe special cir-
Measures; Certificate of Test—Tuning Forks; Moisture Meter cumstances and conditions that make it impractical to comply with
Registration; Moisture-Measuring Device Registration some provisions of the standards. If the survey deviates from these
Certificate; Moisture Meter Field Test Report; Moisture standards, this deviation shall be noted, described,andjustifiedon
Meter Work Sheet; Moisture Meter Placing in Service the plat of survey by the professional land surveyor. This provision
Report; Weekly Activity Report—Moisture Meter Program; cannot be used to intentionally circumvent the basic tenets of these
Laboratory Oven Test and Meter Comparison Form; Moisture standards.
Meter Daily Adjustment Sheet; Moisture Meter Inspectors
Intercomparison Report; Moisture Meter Laboratory Meters
AUTHORITY: sections 60.510(7), 60.550, and 448.2-109, RSMo
Report; and Moisture Meter Program— Laboratory Oven Test
2016. Material in this rule was originally covered in 10 CSR 30-
and Meter Comparison.]
2.010. Original rule filed Dec. 1, 2016.
(3) The address of the Land Survey Program is 1251A Gale
PUBLIC COST: This proposed rule will not cost state agencies or
Drive, PO Box 937, Rolla, MO 65402-0937. Telephone(573)368-
political subdivisions more than five hundred dollars ($500) in the
2300.
aggregate.
AUTHORITY: section 536.023, RSMo [1986] 2016. This rule was
previously filed as 2 CSR 40-1.010. Original rule filed April 9, 1976, PRIVATE COST: This proposed rule will not cost private entities
effective July 15, 1976. For intervening history, please consult the more than five hundred dollars ($500) in the aggregate.
Code of State Regulations. Amended: Filed Dec. 1, 2016.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
PUBLIC COST: This proposed amendment will not cost state agen- support of or in opposition to this proposed rule with Missouri
cies or political subdivisions more than five hundred dollars ($500) Department of Agriculture, Weights, Measures and Consumer
in the aggregate. Protection Division, Mr. Ronald G. Hayes, Division Director, PO
Box 630, Jefferson City, MO 65102. Hand carried copies may be
PRIVATE COST: This proposed amendment will not cost private enti- delivered to the Missouri Department of Agriculture, Weights,
ties more than five hundred dollars ($500) in the aggregate. Measures and Consumer Protection Division, Mr. Ronald G. Hayes,
Division Director, 1616 Missouri Blvd., Jefferson City, MO 65109. To
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in be considered, comments must be received within thirty (30) days
support of or in opposition to this proposed amendment with after publication of this notice in the Missouri Register. No public
Missouri Department of Agriculture, Weights, Measures and hearing is scheduled.
January 3, 2017
Vol. 42, No. 1 Missouri Register Page 7
Title 2—DEPARTMENT OF AGRICULTURE conditions. Systematic errors are detectible and can be removed
Division 90—Weights, Measures and Consumer by ensuring the properadjustmentofequipment,byapplying appro-
Protection priate corrections to observations and by using appropriate observa-
Chapter 60—Missouri Standards for Property Boundary tiontechniques to eliminate theeffects of imperfectioninequipment
Surveys manufacture.
PROPOSED RULE (15)United States Public Land Survey Corners—Those points that
determine the boundaries of the various subdivisions of the United
2 CSR 90-60.020 Definitions StatesPublicLandSurveyassetforth in section 60.301(1), RSMo.
PURPOSE: This rule defines the various technical and legal terms (16)Urban Property—Any property that is located wholly or partly
used in this chapter. within the corporate limits of any municipality or any commercial,
industrial,ormulti-unitdevelopmental property.
(1) Condominium Survey—A property boundary survey that cre-
ates and defines condominium property in accordance with AUTHORITY: sections 60.510(7), 60.550, and 448.2-109, RSMo
Chapter448, RSMo. 2016. Material in this rule was originally covered in 10 CSR 30-
2.020.Original rule filed Dec. 1, 2016.
(2) ControllingCorners—Those corners that determine the location
ofthe exterior corners of the surveyed boundary. PUBLIC COST: This proposed rule will not cost state agencies or
political subdivisions more than five hundred dollars ($500) in the
(3) Exterior Corners—Corners that definetheshapeand sizeof the aggregate.
parcel.
PRIVATE COST: This proposed rule will not cost private entities
(4) MaterialVariations—Thedifferencesbetweensurveyedlinesand more than five hundred dollars ($500) in the aggregate.
lines of possession or measurements called for in the record source
oftheproperty being surveyedthatare,inthe professionaljudgment NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
oftheprofessional land surveyor,significantenoughto warrant par- support of or in opposition to this proposed rule with Missouri
ticular notice. Department of Agriculture, Weights, Measures and Consumer
Protection Division, Mr. Ronald G. Hayes, Division Director, PO
(5) Original Survey—A survey which creates a new parcel, or Box 630, Jefferson City, MO 65102. Hand carried copies may be
parcels, out of a larger parent tract. delivered to the Missouri Department of Agriculture, Weights,
Measures and Consumer Protection Division, Mr. Ronald G. Hayes,
(6) Physical Monument—Natural or artificial objects which are Division Director, 1616 Missouri Blvd., Jefferson City, MO 65109. To
accepted and used to mark boundaries and corners. be considered, comments must be received within thirty (30) days
after publication of this notice in the Missouri Register. No public
(7) Positional Uncertainty—The positive and negative range of hearing is scheduled.
values expected for a computed horizontal position as a result of
random errors.
Title 2—DEPARTMENT OF AGRICULTURE
(8)Property Boundary Survey—Any survey that creates, defines, Division 90—Weights, Measures and Consumer
marks, remarks, retraces, or reestablishes the boundaries of parcels Protection
ofreal property or thesubdivision oflands. Chapter 60—Missouri Standards for Property Boundary
Surveys
(9) Property Description—A description of the limits of real prop-
erty by recitation of metes and bounds or by an aliquot part of the PROPOSED RULE
United States Public Land Survey System or by lot or parcel desig-
nation referenced to a subdivision, survey, or other document 2 CSR 90-60.030 GeneralLand Surveying Requirements
recordedinthepublicrecords.
PURPOSE: This rule sets forth standards that apply to all property
(10)Random Errors—Unavoidable errors in measurement that are boundarysurveys.
caused by the inability of the operator to make exact measure-
ments. (Random errors generally follow statistical principles and (1) RecordsResearch.
can be reduced with care in measurement, but can never be com- (A) Every survey executed shall be based on the property
pletely eliminated). description of the parcel or parent tract taken from the public
records; and
(11) RecordTitleBoundaries—Thelimitsofreal propertyownership (B)Prior to performing the fieldwork, the professional land sur-
asevidencedandprovablebyone(1)ormore written means ofreal veyor shall acquire sufficient data to ascertain the record title
property transfer and having provided constructive notification by boundary of the parcel(s) to be surveyed (such as: adjoining deeds,
being duly entered into the publicrecords. maps, right of way plans, subdivision plats, original plats and
notes, and subsequent surveys). This requirement does not obligate
(12)Rural Property—Anyproperty that is noturbanproperty. the professional land surveyor to searchtheentirechainof title.
(13)Subdivision—A property boundary survey that partitions land (2) Field Investigation. The professional land surveyor or a person
into two (2) or more parcels by platting the divisions of land in under his/her direct personal supervision shall—
accordancewithChapter 445, RSMo. (A)Search thoroughly for monuments and accessories at the nec-
essary controlling corners and any otherphysicalevidencethat may
(14) Systematic Errors—Errors in measurement that conform to berequiredto definethelocationoftheexteriorcornersofthe parcel
mathematical and physical laws and remain the same under set surveyed (such as: locationof streets, roads, lines ofoccupation, and
January 3, 2017
Page 8
Proposed Rules Vol. 42, No. 1
paroleinformation); are shown, a clearly defined elevation datum shall be shown,
(B) Obtain appropriate and sufficiently redundant measurements including the location and elevation of the benchmark used to
to correlateallfound evidence; establish the project datum;
(C) Evaluate the reliability of the evidence and monuments (H) Measurements and calculated areas will be shown on the plat
found and apply the proper theory of location in accordance with to a number of significant figures representative of the actual preci-
surveyingprecedent; and sion of the measurements;
(D) Reach a conclusion on the location of the boundary and set (I) The plat shall display either a property description for the
monuments as defined herein. parcel(s) and/or parent tract surveyed or a reference to the source
document from which the property description was taken. Any new
(3)Monumentation. parcel created by survey shall have its property description
(A) The professional land surveyor shall establish semi-perma- shown on the plat and must be complete enoughsothatthepar-
nent or confirm existing monuments at every exterior corner of the celcanbe locatedandclearlyidentified.Subdivisionplatsshall iden-
tract being surveyed, exceptforlinesrunningalong streamsorlakes tify all lots for sale by numbers, as set forth in section 445.010,
wherewitness monumentsmust besetalongtheconnectedsidelines. RSMo;
When it is impractical to set a monument at a required corner, a (J) The plat shall show sufficient data (distances and directions) to
witnessmonumentshallbesetalongalineofthesurveyor thepro- positively locate the parcel surveyed within the United States Public
longationthereof; Land Survey System (USPLSS), or within the recorded subdivision.
(B)Existing monuments shall be evaluated for permanency by the If the survey cannot be located by either of the previously mentioned
professional land surveyor. Those needing restoration, preservation, provisions, it must be referenced to other lines and points sufficiently
or replacement shall receive the due care necessary to ensure that established by record;
their permanencyis secured inaccordancewiththerequirements set (K) All controlling corner monuments that were found and exteri-
forthherein; or corners that were found or set shall be identified on the plat;
(C)Additional Monumentationfor Subdivision Surveys. (L) Any material variation between record and measured dimen-
1. In addition to meeting the requirements set forth above, the sions; and any material variation and the extent of such variation
professional land surveyor shall,priorto therecording ofthesubdi- between surveyed lines and lines of possession at all exterior corners
visionplat,establishatleasttwo(2)permanent monumentsforevery shall be shown on the plat. Material variation will include, but is not
four(4)acresof landdevelopedbythesubdivision.Thisrequirement limited to, survey monuments, fences, obvious occupation (i.e.,
is waived if the survey does not create more than four (4) lots or mowed) lines, walls, or other structures whether on the property sur-
parcels. veyed or on adjacent property;
2. The permanent monuments required in paragraph (3)(C)1. (M) The plat shall reference the source document(s) for any perti-
shall be set prior to the recording of the plat or if likely to be nent data obtained during the records research provision set forth
destroyed by construction, may be installed upon completion of the above. The plat shall also reference the property type (Urban or
construction and must be set no later than twelve (12) months after Rural);
the recording of the plat. The professional land surveyor shall also (N) The identity of the record title documents for adjoining prop-
monumentalllotcornersinthesubdivisionwithsemi-permanentor erties, consistent with the records research provision set forth above,
witness monumentswithin thesametwelve- (12-)month period. shall be shown on the plat, including their record source;
3. When the subdivision is a cemetery, the requirements of sub- (O) In addition to the above, all condominium surveys shall show
paragraph (3)(C)1. for installation of permanent monuments shall be the pertinent information required in section 448.2-109, RSMo, and
increased to include four (4) permanent monuments per block and the legally sufficient descriptions of easements serving or burdening
the monumentation of all lot corners required in paragraph (3)(C)2. the condominium; and
shall not be required; and (P) The plat shall include a statement that the survey and or sub-
(D)Condominium surveys shall meet the requirements for subdi- division were executed in accordance with the Missouri Standards for
visions. Property Boundary Surveys as set forth herein. The statement on a
condominium plat shall also include a declaration that the plat con-
(4) Publication of Results: A plat shall be made showing the results tains all information required by section 448.2-109, RSMo.
of the survey or subdivision and shall conform to all of the follow-
ingprovisions: (5) Deliverables. The professional land surveyor shall furnish to the
(A)The plat shall include a drawing that shall be made to a client a plat containing the drawing and other pertinent information
convenient scale on a reasonablypermanentanddimensionally sta- identified above. Each sheet of the plat shall bear the signature and
ble material; seal of the professional land surveyor in responsible charge. This
(B) The plat shall include the name of the person or entity for signed and sealed plat shallbetheofficial plat and shalltake prece-
whom the survey was made and the date ofthe survey; dence over any other formatted data that may be delivered to the
(C)Lettering shall be no less than eight-hundredths of an inch client or his/her representatives, successors,or assigns.
(0.08") in height. All characters shall be open, well-rounded, and of
uniform width; AUTHORITY: sections 60.510(7), 60.550, and 448.2-109, RSMo
(D)The direction of boundary lines shall be shown by angles, 2016. Material in this rule was originally covered in 10 CSR 30-
azimuths, or bearings with the directional reference system clearly 2.030.Original rule filed Dec. 1, 2016.
described on the plat;
(E)A north arrow, a written scale, and a graphic scale shall be PUBLIC COST: This proposed rule will not cost state agencies or
shown on every sheet containing graphic surveydata; political subdivisions more than five hundred dollars ($500) in the
(F) Complete dimensions (distances, directions, and curve data) aggregate.
of all parcels surveyed or created. All linearmeasurementsshallbe
shownashorizontaldistancesatthegroundsurfaceinfeetormeters. PRIVATE COST: This proposed rule will not cost private entities
Curvedlinesshallshowatleasttwo(2)elements. Fornon-tangential more than five hundred dollars ($500) in the aggregate.
curves, a directional component shallbe includedtohelpdefine the
direction of the curve (preferably the chord bearing); NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
(G) Allverticalmeasurementsshallbe shown aselevationsabove support of or in opposition to this proposed rule with Missouri
anestablishedor assumeddatuminfeetormeters.Whenelevations Department of Agriculture, Weights, Measures and Consumer
January 3, 2017
Vol. 42, No. 1 Missouri Register Page 9
Protection Division, Mr. Ronald G. Hayes, Division Director, PO Division Director, 1616 Missouri Blvd., Jefferson City, MO 65109.
Box 630, Jefferson City, MO 65102. Hand carried copies may be To be considered, comments must be received within thirty (30) days
delivered to the Missouri Department of Agriculture, Weights, after publication of this notice in the Missouri Register. No public
Measures and Consumer Protection Division, Mr. Ronald G. Hayes, hearing is scheduled.
Division Director, 1616 Missouri Blvd., Jefferson City, MO 65109. To
be considered, comments must be received within thirty (30) days
after publication of this notice in the Missouri Register. No public Title 2—DEPARTMENT OF AGRICULTURE
hearing is scheduled. Division 90—Weights, Measures and Consumer
Protection
Chapter 60—Missouri Standards for Property Boundary
Title 2—DEPARTMENT OF AGRICULTURE Surveys
Division 90—Weights, Measures and Consumer
Protection PROPOSED RULE
Chapter 60—Missouri Standards for Property Boundary
Surveys 2 CSR 90-60.050 Use of MissouriCoordinate System of 1983
PROPOSED RULE PURPOSE: This rule sets forththe requirements for referencing land
boundarycorners to theMissouriCoordinate System of 1983.
2 CSR 90-60.040 Accuracy Standards for Property Boundary
Surveys (1) When the professional land surveyor is specifically requested or
required to reference land boundary corners to the Missouri
PURPOSE: This rule sets forth the accuracystandards for all prop- Coordinate System of 1983, the professional land surveyor shall
erty boundarysurveys. comply withthe following requirements:
(A) The position of the corner shall be based upon a geodetic con-
(1) The professional land surveyorshallmakeanefforttodetectand trol station having a horizontal accuracy of second order (as defined
remove systematic errors. in 20 CSR 2030-18.020) or higher order;
(B) The survey connecting the corner to the geodetic control sta-
(2) PrecisionRequirements for UrbanProperty. tion shall meet the accuracy standards for property boundary surveys
(A) The uncertainty due to random errors of any dimension of set forth in this chapter; and
direction or distance shown on the plat shall not exceed fifty parts (C) The plat or other publication of results shall identify the geo-
per million (50ppm)or onetenth ofafoot (0.10')fordistances less detic control station(s) that were used to determine the position of the
thantwo thousandfeet(2,000')atthe sixty-eightpercent (68%)con- corner(s), along with a list of the coordinates of those control sta-
fidencelevel (one(1) sigma); and tion(s); the appropriate adjustment date or realization designation on
(B) The positional uncertainty of any coordinates shown on the the North American Datum of 1983, along with the epoch date when
plat relative to the control that is held fixed, shall not exceed fifty applicable; a brief statement of the method used to obtain those posi-
parts permillion(50ppm)oronetenthofafoot(0.10')fordistances tions; and the grid factor used.
lessthantwothousandfeet(2,000')at thesixty-eight percent (68%)
AUTHORITY: sections 60.510(7), 60.550, and 448.2-109, RSMo
confidencelevel (one(1) sigma).
2016. Material in this rule was originally covered in 10 CSR 30-
2.050.Original rule filed Dec. 1, 2016.
(3) PrecisionRequirements for Rural Property.
(A)The uncertainty due to random errors of any dimension of
PUBLIC COST: This proposed rule will not cost state agencies or
direction or distance shown on the plat shall not exceed one hun-
political subdivisions more than five hundred dollars ($500) in the
dred parts per million (100ppm) or one tenth of a foot (0.10') for
aggregate.
distances less than onethousand feet (1,000')at the sixty-eight per-
cent (68%)confidencelevel (one(1) sigma); and PRIVATE COST: This proposed rule will not cost private entities
(B)The positional uncertainty of any coordinates shown on the more than five hundred dollars ($500) in the aggregate.
plat relative to the control that is held fixed, shall not exceed one
hundredpartspermillion(100ppm)oronetenthof afoot(0.10')for NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
distanceslessthanone thousandfeet(1,000') atthesixty-eightper- support of or in opposition to this proposed rule with Missouri
cent (68%) confidence level (one (1) sigma). Department of Agriculture, Weights, Measures and Consumer
Protection Division, Mr. Ronald G. Hayes, Division Director, PO
AUTHORITY: sections 60.510(7), 60.550, and 448.2-109, RSMo Box 630, Jefferson City, MO 65102. Hand carried copies may be
2016. Material in this rule was originally covered in 10 CSR 30- delivered to the Missouri Department of Agriculture, Weights,
2.040.Original rule filed Dec. 1, 2016. Measures and Consumer Protection Division, Mr. Ronald G. Hayes,
Division Director, 1616 Missouri Blvd., Jefferson City, MO 65109. To
PUBLIC COST: This proposed rule will not cost state agencies or be considered, comments must be received within thirty (30) days
political subdivisions more than five hundred dollars ($500) in the after publication of this notice in the Missouri Register. No public
aggregate. hearing is scheduled.
PRIVATE COST: This proposed rule will not cost private entities
more than five hundred dollars ($500) in the aggregate. Title 2—DEPARTMENT OF AGRICULTURE
Division 90—Weights, Measures and Consumer
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in Protection
support of or in opposition to this proposed rule with Missouri Chapter 60—Missouri Standards for Property Boundary
Department of Agriculture, Weights, Measures and Consumer Surveys
Protection Division, Mr. Ronald G. Hayes, Division Director, PO
Box 630, Jefferson City, MO 65102. Hand carried copies may be PROPOSED RULE
delivered to the Missouri Department of Agriculture, Weights,
Measures and Consumer Protection Division, Mr. Ronald G. Hayes, 2 CSR 90-60.060 Approved Monumentation
January 3, 2017
Page 10
Proposed Rules Vol. 42, No. 1
PURPOSE: This ruleprescribes the approved typeof monumentation Measures and Consumer Protection Division, Mr. Ronald G. Hayes,
to beusedon property boundary surveys. Division Director, 1616 Missouri Blvd., Jefferson City, MO 65109.
To be considered, comments must be received within thirty (30) days
(1) The professional land surveyor shall select a type of monument after publication of this notice in the Missouri Register. No public
providing a degree of permanency consistent with that of the adja- hearing is scheduled.
cent terrain and physical features and as required by these stan-
dards. All monuments shall be solid and free from movement.
They shall be set in the ground at least to the depth of the length Title 2—DEPARTMENT OF AGRICULTURE
givenunlessthey areencasedin concrete.Withtheexceptionof drill Division 90—Weights, Measures and Consumer
holes and cut crosses, the precise position of the corner shall be Protection
marked by a point on a cap and the cap shall be inscribed with the Chapter 60—Missouri Standards for Property Boundary
licensure number of the professional land surveyor in responsible Surveys
chargeor thecorporate licensure numberor name of thecompany.
PROPOSED RULE
(2) Permanent monuments shall be selected from thefollowing:
(A)Concretemonumentsconsistingofreinforcedconcreteatleast 2 CSR 90-60.070 Locationof Improvementsand Easements
four inches (4") square or in diameter and no less than twenty-four
inches(24")inlengthwithitsprecisepositionmarkedby apointon PURPOSE: This rule sets forth how and what improvements and
easements areto belocated and shown on a property boundarysur-
abrassor aluminumcap not less than oneand one-half inch(1 1/2")
vey.
in diameter;
(B)Commercial cast iron or aluminum survey markers no less
(1) When the professional land surveyor is specifically requested
than twenty-four inches (24") in length. Nonferrous markers shall
by the client to locate the improvements on the property sur-
haveceramicmagnets attached to aid in recovery;
veyed,the professional landsurveyorshalllocatebymeasurementall
(C) Steel, coated steel, or aluminum rod markers not less than
permanentstructureshavingfixed foundation,slabs,orfootingsand
five-eighthsinch(5/8")indiameter,ironpipe markers not less than
shallreference themtothe propertyboundary onthe platwitha min-
three-quarter inch (3/4") inside diameter and not less than twenty-
imum of three(3)dimensions. Dimensions shallbeparallel, perpen-
four inches (24")in length. These monuments shall have a perma-
dicular, or radialto theproperty lines.
nently attached cap of the same metal or of a dissimilar metal if
the metals are insulated with a plastic insert to reduce corrosion. (2) Whenthe professional landsurveyorisspecifically requestedby
Nonferrous rod markers shall have ceramic magnets attached to aid the client to show easements on a property boundarysurvey,he/she
in recovery; and shall show bygraphic representation all easements appearing on the
(D)Brass or aluminum disks not less than two inches (2") in recorded subdivision plat and all easements provided to theprofes-
diameter, countersunk and well-cemented in a drill hole in either sional land surveyor by the client. If the professional land surveyor
solid rock or concrete. Ceramic magnets shall be attached or isspecificallyrequestedbytheclienttolocateanyeasementson the
installedwiththe diskto aid in recovery. ground, he/she will do so in accordance with the standards defined
herein.
(3) Semi-permanent monuments shall be selected from the following:
(A) Iron pipe markers not less than three-fourths inch (3/4") out- AUTHORITY: sections 60.510(7), 60.550, and 448.2-109, RSMo
side one half inch (½") inside diameter, at least eighteen inches (18") 2016. Material in this rule was originally covered in 10 CSR 30-
in length, and having a plastic or metal cap; 2.110. Original rule filed Dec. 1, 2016.
(B) Steel or aluminum rod markers not less than one-half inch
PUBLIC COST: This proposed rule will not cost state agencies or
(1/2") in diameter, and not less than eighteen inches (18") in length,
political subdivisions more than five hundred dollars ($500) in the
and having a plastic or aluminum cap;
aggregate.
(C) A cross-cut or drill hole in concrete, brick, stone paving, or
bedrock at the precise position of the corner or on a prolongation of
PRIVATE COST: This proposed rule will not cost private entities
a boundary line; and
more than five hundred dollars ($500) in the aggregate.
(D)In asphalt paving, cotton picker spindles, railroad spikes (cen-
ter punched or chiseled cross), semi-permanent half-inch (½") rebar, NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
and magnetic spikes (minimum of 8" in length) that are solid and not support of or in opposition to this proposed rule with Missouri
easily removed or destroyed. Department of Agriculture, Weights, Measures and Consumer
Protection Division, Mr. Ronald G. Hayes, Division Director, PO
AUTHORITY: sections 60.510(7), 60.550, and 448.2-109, RSMo Box 630, Jefferson City, MO 65102. Hand carried copies may be
2016. Material in this rule was originally covered in 10 CSR 30- delivered to the Missouri Department of Agriculture, Weights,
2.060.Original rule filed Dec. 1, 2016. Measures and Consumer Protection Division, Mr. Ronald G. Hayes,
Division Director, 1616 Missouri Blvd., Jefferson City, MO 65109. To
PUBLIC COST: This proposed rule will not cost state agencies or be considered, comments must be received within thirty (30) days
political subdivisions more than five hundred dollars ($500) in the after publication of this notice in the Missouri Register. No public
aggregate. hearing is scheduled.
PRIVATE COST: This proposed rule will not cost private entities
more than five hundred dollars ($500) in the aggregate. Title 2—DEPARTMENT OF AGRICULTURE
Division 90—Weights, Measures and Consumer
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in Protection
support of or in opposition to this proposed rule with Missouri Chapter 65—Cadastral Mapping Survey Standards
Department of Agriculture, Weights, Measures and Consumer
Protection Division, Mr. Ronald G. Hayes, Division Director, PO PROPOSED RULE
Box 630, Jefferson City, MO 65102. Hand carried copies may be
delivered to the Missouri Department of Agriculture, Weights, 2 CSR 90-65.010 Application of Standards