State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-30

§ 47‑30.  Plats andsubdivisions; mapping requirements.

(a)        Size Requirements.– All land plats presented to the register of deeds for recording in theregistry of a county in North Carolina after September 30, 1991, having anoutside marginal size of either 18 inches by 24 inches, 21 inches by 30 inches,or 24 inches by 36 inches, and having a minimum one and one‑half inchborder on the left side and a minimum one‑half inch border on the othersides shall be deemed to meet the size requirements for recording under thissection. Where size of land areas, or suitable scale to assure legibilityrequire, plats may be placed on two or more sheets with appropriate matchlines. Counties may specify either:

(1)        Only 18 inches by 24inches;

(2)        A combination of 18inches by 24 inches and 21 inches by 30 inches;

(3)        A combination of 18inches by 24 inches and 24 inches by 36 inches; or

(4)        A combination of allthree sizes.

Provided, that all registers ofdeeds where specific sizes other than the combination of all three sizes havebeen specified, shall be required to submit said size specifications to theNorth Carolina Association of Registers of Deeds for inclusion on a master listof all such counties. The list shall be available in each register of deedsoffice by October 1, 1991. For purposes of this section, the terms"plat" and "map" are synonymous.

(b)        Plats to BeReproducible. – Each plat presented for recording shall be a reproducible plat,either original ink on polyester film (mylar), or a reproduced drawing,transparent and archival (as defined by the American National StandardsInstitute), and submitted in this form. The recorded plat must be such that thepublic may obtain legible copies. A direct or photographic copy of eachrecorded plat shall be placed in the plat book or plat file maintained for thatpurpose and properly indexed for use. In those counties in which the registerhas made a security copy of the plat from which legible copies can be made, theoriginal may be returned to the person indicated on the plat.

(c)        InformationContained in Title of Plat. – The title of each plat shall contain thefollowing information: property designation, name of owner (the name of ownershall be shown for indexing purposes only and is not to be construed as titlecertification), location to include township, county and state, the date ordates the survey was made; scale or scale ratio in words or figures and bargraph; name and address of surveyor or firm preparing the plat.

(d)        Certificate; Form.– There shall appear on each plat a certificate by the person under whosesupervision the survey or plat was made, stating the origin of the informationshown on the plat, including recorded deed and plat references shown thereon.The ratio of precision before any adjustments must be shown. Any lines on theplat that were not actually surveyed must be clearly indicated and a statementincluded revealing the source of information. Where a plat consists of morethan one sheet, only one sheet must contain the certification and all othersheets must be signed and sealed.

The certificate required aboveshall include the source of information for the survey and data indicating theratio of precision of the survey before adjustments and shall be insubstantially the following form:

"I, ______, certify thatthis plat was drawn under my supervision from an actual survey made under mysupervision (deed description recorded in Book ____, page ____, etc.) (other);that the boundaries not surveyed are clearly indicated as drawn from informationfound in Book ____, page ____; that the ratio of precision as calculated is 1:____; that this plat was prepared in accordance with G.S. 47‑30 asamended. Witness my original signature, registration number and seal this ____day of ____, A.D., ____.

Seal or Stamp

____________________________________

Surveyor

RegistrationNumber"

Nothing in this requirementshall prevent the recording of a map that was prepared in accordance with aprevious version of G.S. 47‑30 as amended, properly signed, and notarizedunder the statutes applicable at the time of the signing of the map. However,it shall be the responsibility of the person presenting the map to prove thatthe map was so prepared.

(e)        Method ofComputation. – An accurate method of computation shall be used to determine theacreage and ratio of precision shown on the plat. Area by estimation is notacceptable nor is area by planimeter, area by scale, or area copied fromanother source, except in the case of tracts containing inaccessible sectionsor areas. In such case the surveyor may make use of aerial photographs or otherappropriate aids to determine the acreage of any inaccessible areas when theareas are bounded by natural and visible monuments. In such case the methodsused must be stated on the plat and all accessible areas of the tract shallremain subject to all applicable standards of this section.

(f)         Plat to ContainSpecific Information. – Every plat shall contain the following specificinformation:

(1)        An accuratelypositioned north arrow coordinated with any bearings shown on the plat.Indication shall be made as to whether the north index is true, magnetic, NorthCarolina grid ("NAD 83" or "NAD 27"), or is referenced toold deed or plat bearings. If the north index is magnetic or referenced to olddeed or plat bearings, the date and the source (if known) the index wasoriginally determined shall be clearly indicated.

(2)        The azimuth orcourse and distance of every property line surveyed shall be shown. Distancesshall be in feet or meters and decimals thereof. The number of decimal placesshall be appropriate to the class of survey required.

(3)        All plat distancesshall be by horizontal or grid measurements. All lines shown on the plat shallbe correctly plotted to the scale shown. Enlargement of portions of a plat areacceptable in the interest of clarity, where shown as inserts. Where the NorthCarolina grid system is used the grid factor shall be shown on the face of theplat. If grid distances are used, it must be shown on the plat.

(4)        Where a boundary isformed by a curved line, the following data must be given: actual survey datafrom the point of curvature to the point of tangency shall be shown as standardcurve data, or as a traverse of bearings and distances around the curve. If standardcurve data is used the bearing and distance of the long chord (from point ofcurvature to point of tangency) must be shown on the plat.

(5)        Where a subdivisionof land is set out on the plat, all streets and lots shall be accuratelyplotted with dimension lines indicating widths and all other informationpertinent to reestablishing all lines in the field. This shall include bearingsand distances sufficient to form a continuous closure of the entire perimeter.

(6)        Where controlcorners have been established in compliance with G.S. 39‑32.1, 39‑32.2,39‑32.3, and 39‑32.4, as amended, the location and pertinentinformation as required in the reference statute shall be plotted on the plat.All other corners which are marked by monument or natural object shall be soidentified on all plats, and where practical all corners of adjacent ownersalong the boundary lines of the subject tract which are marked by monument ornatural object shall be shown.

(7)        The names ofadjacent landowners, or lot, block, parcel, subdivision designations or otherlegal reference where applicable, shall be shown where they could be determinedby the surveyor.

(8)        All visible andapparent rights‑of‑way, watercourses, utilities, roadways, andother such improvements shall be accurately located where crossing or formingany boundary line of the property shown.

(9)        Where the plat isthe result of a survey, one or more corners shall, by a system of azimuths orcourses and distances, be accurately tied to and coordinated with a horizontal controlmonument of some United States or State Agency survey system, such as the NorthCarolina Geodetic Survey where the monument is within 2,000 feet of the subjectproperty. Where the North Carolina Grid System coordinates of the monument areon file in the North Carolina Office of State Budget and Management, thecoordinates of both the referenced corner and the monuments used shall be shownin X (easting) and Y (northing) coordinates on the plat. The coordinates shallbe identified as based on "NAD 83," indicating North American Datumof 1983, or as "NAD 27," indicating North American Datum of 1927. Thetie lines to the monuments shall also be sufficient to establish true north orgrid north bearings for the plat if the monuments exist in pairs. Within apreviously recorded subdivision that has been tied to grid control, controlmonuments within the subdivision may be used in lieu of additional ties to gridcontrol. Within a previously recorded subdivision that has not been tied togrid control, if horizontal control monuments are available within 2,000 feet,the above requirements shall be met; but in the interest of bearing consistencywith previously recorded plats, existing bearing control should be used wherepractical. In the absence of Grid Control, other appropriate natural monumentsor landmarks shall be used. In all cases, the tie lines shall be sufficient toaccurately reproduce the subject lands from the control or reference pointsused.

(10)      A vicinity map(location map) shall appear on the plat.

(11)      Notwithstanding anyother provision contained in this section, it is the duty of the surveyor, by acertificate on the face of the plat, to certify to one of the following:

a.         That the surveycreates a subdivision of land within the area of a county or municipality thathas an ordinance that regulates parcels of land;

b.         That the survey islocated in a portion of a county or municipality that is unregulated as to anordinance that regulates parcels of land;

c.         Any one of thefollowing:

1.         That the survey isof an existing parcel or parcels of land and does not create a new street orchange an existing street;

2.         That the survey isof an existing building or other structure, or natural feature, such as awatercourse; or

3.         That the survey is acontrol survey.

d.         That the survey isof another category, such as the recombination of existing parcels, a court‑orderedsurvey, or other exception to the definition of subdivision;

e.         That the informationavailable to the surveyor is such that the surveyor is unable to make adetermination to the best of the surveyor's professional ability as toprovisions contained in (a) through (d) above.

However,if the plat contains the certificate of a surveyor as stated in a., d., or e.above, then the plat shall have, in addition to said surveyor's certificate, acertification of approval, or no approval required, as may be required by localordinance from the appropriate government authority before the plat ispresented for recordation. If the plat contains the certificate of a surveyoras stated in b. or c. above, nothing shall prevent the recordation of the platif all other provisions have been met.

(g)        Recording of Plat.– In certifying a plat for recording pursuant to G.S. 47‑30.2, the ReviewOfficer shall not be responsible for reviewing or certifying as to any of thefollowing requirements of this section:

(1)        Subsection (b) ofthis section as to archival.

(2)        Repealed by SessionLaws 1997‑309, s. 2.

(3)        Subsection (e) ofthis section.

(4)        Subdivisions (1)through (10) of subsection (f) of this section.

A plat, when certified pursuantto G.S. 47‑30.2 and presented for recording, shall be recorded in theplat book or plat file and when so recorded shall be duly indexed. Reference inany instrument hereafter executed to the record of any plat herein authorizedshall have the same effect as if the description of the lands as indicated onthe record of the plat were set out in the instrument.

(h)        Nothing in thissection shall be deemed to prevent the filing of any plat prepared by aregistered land surveyor but not recorded prior to the death of the registeredland surveyor. However, it is the responsibility of the person presenting themap to the Review Officer pursuant to G.S. 47‑30.2 to prove that the platwas so prepared. For preservation these plats may be filed without signature,notary acknowledgement or probate, in a special plat file.

(i)         Nothing in thissection shall be deemed to invalidate any instrument or the title therebyconveyed making reference to any recorded plat.

(j)         The provisions ofthis section shall not apply to boundary plats of areas annexed bymunicipalities nor to plats of municipal boundaries, whether or not required bylaw to be recorded.

(k)        The provisions ofthis section shall apply to all counties in North Carolina.

(l)         This section doesnot apply to the registration of highway right‑of‑way plansprovided for in G.S. 136‑19.4 or G.S. 136‑89.184, nor to theregistration of roadway corridor official maps provided for in Article 2E ofChapter 136 of the General Statutes.

(m)       Maps attached todeeds or other instruments and submitted for recording in that form must be nolarger than 8 1/2 inches by 14 inches and comply with either this subsection orsubsection (n) of this section. Such a map shall either (i) have the originalsignature of a registered land surveyor and the surveyor's seal as approved bythe State Board of Registration for Professional Engineers and Land Surveyors,or (ii) be a copy of a map, already on file in the public records, that iscertified by the custodian of the public record to be a true and accurate copyof a map bearing an original personal signature and original seal. The presenceof the original personal signature and seal shall constitute a certificationthat the map conforms to the standards of practice for land surveying in NorthCarolina, as defined in the rules of the North Carolina State Board ofRegistration for Professional Engineers and Land Surveyors.

(n)        A map that does notmeet the requirements of subsection (m) of this section may be attached to adeed or other instrument submitted for recording in that form for illustrativepurposes only if it meets both of the following requirements:

(1)        It is no larger than8 1/2 inches by 14 inches.

(2)        It is conspicuouslylabelled, "THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BYA LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENTREGULATIONS."  (1911,c. 55, s. 2; C.S., s. 3318; 1923, c. 105; 1935, c. 219; 1941, c. 249; 1953, c.47, s. 1; 1959, c. 1235, ss. 1, 3A, 3.1; 1961, cc. 7, 111, 164, 199, 252, 660,687, 932, 1122; 1963, c. 71, ss. 1, 2; cc. 180, 236; c. 361, s. 1; c. 403;1965, c. 139, s. 1; 1967, c. 228, s. 2; c. 394; 1971, c. 658; 1973, cc. 76,848, 1171; c. 1262, s. 86; 1975, c. 192; c. 200, s. 1; 1977, c. 50, s. 1; c.221, s. 1; c. 305, s. 2; c. 771, s. 4; 1979, c. 330, s. 1; 1981, c. 138, s. 1;c. 140, s. 1; c. 479; 1983, c. 473; 1987, c. 747, s. 20; 1989, c. 727, s.218(6); 1991, c. 268, s. 3; 1993, c. 119, ss. 1, 2; 1997‑309, s. 2; 1997‑443,s. 11A.119(a); 1998‑228, ss. 11, 12; 1999‑456, s. 59; 2000‑140,s. 93.1(b); 2001‑424, s. 12.2(b); 2008‑225, s. 9.)