Montana Code 70-22-115. Monument preservation
70-22-115. Monument preservation. (1) A public or private entity or person shall, before engaging in activity that will or is likely to disturb or destroy a monument or the accessories to a monument, require the following activities to be performed by a professional land surveyor, as defined in 37-67-101, or a qualified person under the direct supervision of a professional land surveyor:
Terms Used In Montana Code 70-22-115
- monument: means an accessory that is presumed to occupy the exact position of a corner. See Montana Code 70-22-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- surveyor: means a person who is licensed to practice land surveying under Title 37, chapter 67, and has a paid-up license for that calendar year or who is authorized under Title 37, chapter 67, to practice land surveying. See Montana Code 70-22-103
(a)locate and reference the monument or the accessories to the monument; and
(b)file a corner record showing the location of the references to the monument or to the accessories to the monument as required in 70-22-104 and 70-22-105.
(2)A public or private entity or person shall, within 30 days of completing activity that has disturbed or destroyed a monument or the accessories to a monument, require the following activities to be performed by a professional land surveyor, as defined in 37-67-101, or a qualified person under the direct supervision of a professional land surveyor:
(a)restore or replace the monument or the accessories to the monument, using the references established in subsection (1)(b); and
(b)file a new corner record as required in 70-22-104 and 70-22-105.