Nebraska Land Surveying: The Legal Framework
Land surveying in Nebraska is a licensed profession regulated under the Engineering and Architecture Regulation Act, codified at Neb. Rev. Stat. § 81-8,101 through 81-8,134. The Nebraska State Board of Licensure for Engineering and Architecture (NSBEPA) administers licensing, investigates complaints, and enforces the Act.
The law exists to protect property owners. A licensed surveyor is legally responsible for the accuracy and adequacy of their work product. An unlicensed person performing survey services violates state law and produces results that have no legal standing.
What Is a Licensed Professional Land Surveyor (LPLS) in Nebraska?
A Licensed Professional Land Surveyor (LPLS) is the license title for individuals authorized to practice land surveying in Nebraska. To earn an LPLS license, candidates must:
- Pass the NCEES Fundamentals of Surveying (FS) exam
- Pass the NCEES Principles and Practice of Surveying (PS) exam
- Complete qualifying supervised experience under a licensed LPLS
- Meet NSBEPA's education and character requirements
An LPLS license must be renewed regularly and maintained in good standing. Only a current LPLS can sign and seal survey plats, elevation certificates, and subdivision documents for legal use in Nebraska.
What Requires a Licensed Survey in Nebraska?
Boundary Surveys
Any formal determination of a property's legal boundaries for use in a legal proceeding, recording, or permit application must be performed by a licensed Nebraska LPLS. This includes surveys conducted to resolve neighbor disputes, establish fence lines, confirm setbacks, or document property extents before or after a transaction.
Subdivision Plats
Subdividing land in Nebraska requires a licensed LPLS to prepare the subdivision plat. The plat must be reviewed and approved by the relevant county or municipal planning authority and recorded with the county register of deeds. No subdivision plat can be recorded without the seal and signature of a licensed LPLS.
ALTA/NSPS Surveys
ALTA surveys, required for most commercial real estate transactions, must be performed by a licensed LPLS. These surveys meet national standards jointly established by the American Land Title Association and the National Society of Professional Surveyors. Nebraska title companies and commercial lenders require ALTA surveys for transactions where the property boundaries, easements, and encroachments must be fully documented.
Elevation Certificates
Elevation certificates in Nebraska must be signed and sealed by a licensed LPLS or licensed professional engineer. The National Flood Insurance Program will not accept an elevation certificate signed by an unlicensed individual.
Court-Ordered Surveys
Nebraska courts may order a survey in boundary dispute litigation. Court-ordered surveys must be performed by a licensed LPLS, and the resulting plat becomes evidence in the legal proceeding.
Nebraska's Public Land Survey System (PLSS)
Nebraska was divided into townships, ranges, and sections under the federal PLSS during the 1800s as the territory was opened for settlement and agriculture. This system divides land into 6-mile-square townships, each containing 36 one-mile-square sections of 640 acres. Sections are further subdivided into quarter sections, government lots, and other fractions.
Most Nebraska property descriptions, particularly for rural and agricultural land, reference PLSS designations rather than simple street addresses or metes-and-bounds descriptions. Understanding PLSS is essential for boundary surveying in Nebraska because the legal description anchors the parcel's boundaries to the original government survey lines.
Original PLSS monuments from the 1800s were set as wooden stakes, iron posts, or stone markers. More than a century of agricultural use, cultivation, drainage construction, and road building has displaced or buried many of these monuments. Recovering original corners, or re-establishing them through proportionate measurement and records research, is a specialized skill that Nebraska surveyors develop through experience in the state's specific PLSS history.
Nebraska Fence Law and Surveys
Nebraska's livestock fencing statutes at Neb. Rev. Stat. § 34-101 govern partition fences between property owners. In rural Nebraska, partition fence disputes are common and have historically been resolved through negotiation or in county court. When a dispute reaches the point of litigation, a boundary survey plat from a licensed LPLS becomes the definitive evidence for establishing where the property line falls.
Urban municipalities in Nebraska, including Omaha and Lincoln, regulate fence placement through local zoning and permit requirements. Fence permit applications in these cities typically require documentation showing the fence's placement relative to property lines. Only a licensed survey can provide that documentation with legal authority.
Nebraska Floodplain Regulations
Nebraska participates in the FEMA National Flood Insurance Program (NFIP). Properties in Special Flood Hazard Areas (SFHAs) are subject to floodplain management regulations administered by local floodplain administrators, typically county or city officials. Building in an SFHA requires a building permit that includes documentation of the structure's elevation relative to the Base Flood Elevation (BFE).
An elevation certificate from a licensed Nebraska LPLS provides that documentation. The certificate must bear the surveyor's seal and signature to be accepted by floodplain administrators and the NFIP.
Who Enforces Nebraska Surveying Law?
The NSBEPA investigates complaints about unlicensed surveying practice and misconduct by licensed surveyors. Penalties for unlicensed practice include fines and civil liability. Licensed surveyors who violate professional standards or produce negligent work can face license suspension or revocation.
Property owners who believe they received negligent survey work can file a complaint with NSBEPA. However, the best protection is hiring a licensed LPLS from the start. Every surveyor listed in our Nebraska directory is sourced from NSBEPA state licensing records.
Surveyor Records and Public Access
Survey plats in Nebraska are recorded with the county register of deeds once completed and accepted. These records are public documents. When you hire a licensed LPLS for a boundary survey, the completed and stamped plat can be recorded, creating a permanent public record of the survey findings.
Prior survey plats for a property are often one of the most valuable starting points for a new survey. A licensed LPLS will research prior recorded plats as part of the record research phase of any boundary survey.
What Nebraska Property Owners Should Know Before Hiring a Surveyor
- Only hire an individual holding a current Nebraska LPLS license. Every surveyor in our Nebraska directory is sourced from state licensing records.
- Get at least two or three quotes. Prices can vary substantially for the same project.
- Have your deed, legal description, and any prior survey plats ready before calling.
- Ask the surveyor what is included in the quote and what would cause the cost to increase.
- Local firms with established records in your county typically provide faster turnaround than out-of-area firms.
Find a licensed Nebraska land surveyor near you in our Nebraska land surveyor directory.