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:
     (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.

     History: En. Sec. 1, Ch. 314, L. 2009.