Does a county chip seal project trigger Section 8771?
Does a county chip seal project trigger the monument preservation requirements of Section 8771 of the California Business and Professions Code? Does anyone know if the BPELS has clarified this in writing? Here is a recent scenario: A local county receives a heap of stimulus funding. The local CLSA chapter learns they are going to chip seal lots of county roads as part of a big rubberized chip seal project. In a good faith effort, volunteers from the local chapter pull filed survey maps and identify monuments that will be impacted by the project. The county public works department is provided with a list of the monuments, which includes the character of each monument, filing numbers of the maps showing the monuments and their approximate locations. County proceeds with the chip seal project. If a centerline monument is not in a monument well it is covered, even if it is exposed to the surface. I’ve had some discussions with the county staff, and it sounds like their position is that a c
