The Legal Framework for Land Surveying in Maine
Maine Revised Statutes Title 32, Chapter 113 governs the professional practice of land surveying in the state. The statute defines land surveying, prohibits anyone from practicing land surveying or certifying a survey without holding a valid Professional Land Surveyor (PLS) license, and establishes penalties for violations. The Maine Board of Licensure for Professional Engineers and Land Surveyors (BOLPELS), which operates under the Department of Professional and Financial Regulation, administers Chapter 113.
Who Can Perform a Survey in Maine
Only a licensed PLS can certify a land survey in Maine. The PLS license requires:
- A degree in surveying or a related field, or equivalent education and experience
- Passing the Fundamentals of Surveying (FS) examination
- A minimum period of supervised work experience under a licensed PLS
- Passing the Principles and Practice of Surveying (PS) examination
- License renewal every two years with continuing education
Survey technicians and field crew members may perform fieldwork, but a licensed PLS must supervise the work and certify the final product. The PLS seal and signature on the certified plat is what gives the document legal standing in Maine courts, registries of deeds, and municipal permit offices.
Maine's Land Record System
County Registries of Deeds
Maine has 16 counties, each with its own registry of deeds where deeds, plats, easements, and other recorded instruments are filed. The county registry is the starting point for all boundary research in Maine. Surveyors pull the deed chain for the property and all adjoining parcels, working back through the title history to find the original description and any recorded plats. For older Maine properties, this research can trace through multiple registry volumes and sometimes into records from when Maine was still part of Massachusetts.
The Colonial and Metes-and-Bounds Heritage
Maine was originally part of Massachusetts and was organized under colonial land grants rather than the rectangular Public Land Survey System used in most western states. Land in southern and coastal Maine was granted under patents from the Council for New England starting in the early 1600s. These grants described boundaries using metes and bounds: compass bearings and distances tied to natural features, stone walls, stream courses, and blazed trees.
That metes-and-bounds heritage persists in the legal descriptions of older Maine properties today. A property in York or Cumberland County might carry a deed description from 1890 referencing a brook, a stone wall, and a white oak tree, none of which may be recognizable from a current map. Surveyors researching these parcels must trace the historical record and reconcile the original description with current field conditions.
Maine's Tidal Boundary Law
Maine's approach to tidal boundaries is distinctive and important for any property owner with coastal or tidal river frontage. Under the Massachusetts Colonial Ordinance of 1647, which Maine adopted as part of its legal heritage, private ownership of tidal shoreline extends to the mean low water mark, rather than the mean high water mark as in most states.
This means that Maine coastal property owners typically own the intertidal zone (the area between the high and low tide lines) subject to the public's right of passage on foot and the public right to fish, fowl, and travel. For any purchase, improvement, or dispute involving coastal Maine property, a surveyor with experience in tidal boundary work is the right professional to engage.
Monument Requirements in Maine
Maine requires licensed surveyors to set permanent monuments at property corners as part of a boundary survey. The common monument types include iron pipes, rebar with survey caps, and drill-set monuments cemented into bedrock. In areas with significant topsoil, iron pins are driven to grade. Where granite ledge prevents pin setting, surveyors drill into the rock and set a cemented monument.
Property owners should not disturb, remove, or conceal survey monuments on their land. Tampering with survey monuments is a violation of Maine law and can create significant legal complications if a boundary question arises later.
When a Survey Is Required in Maine
Subdivision
Maine's Subdivision Law (Title 30-A MRSA, Sections 4401-4407) requires a certified survey as part of any subdivision application. A subdivision in Maine is defined broadly and includes dividing a parcel into three or more lots within any five-year period, though many municipalities apply stricter local standards. The surveyor prepares a subdivision plat showing the new lot boundaries, which must be reviewed and approved by the municipal planning board before recording at the registry of deeds.
Building Permits
Maine does not have a uniform statewide survey requirement for building permits. However, most municipalities require a site plan showing the proposed structure's location relative to property lines and setback requirements. Since setbacks are measured from property lines, a current boundary survey is effectively required for any permit application involving a new structure on a lot where the boundaries are not clearly established and staked.
Lender Requirements
Many mortgage lenders require a survey before issuing a loan on a Maine property, particularly for purchases involving rural parcels, coastal waterfront, older urban lots, or properties with a history of boundary issues. Title insurance companies may also require a current survey as a condition of issuing a policy.
Where to Find Licensed Surveyors in Maine
Every surveyor listed in our Maine directory is sourced from state licensing records maintained by BOLPELS. Browse the Maine directory by county to find licensed professionals near your property.