For those of us who want to get the most out of our UAS and want to try and tap into new and NICHE markets we need to realize what we are doing could be "interpreted" as Professional and as such fall under state regulations. Here's an exert from a FB group where an individual contacted The North Carolina Board of Examiners for Engineers and Surveyors in regards to certain possible drone operations. Keep in mind that this is NOT legal advice but it's almost directly from The North Carolina Board of Examiners for Engineers and Surveyors so it should carry some extra weight and be heeded heavily.
I would like to share the responses I received from the North Carolina Board of Examiners for Engineers and Surveyors with regards to specific scenarios I provided to see what I could and could not do with my Phantom 4.
Questions:
1. I take aerial photographs of land for a developer and use software to stitch the images together. I sell him the individual photographs without any geological references.
Answer:
If there is no meta data or other information about coordinates, distances, property boundaries or anything that falls within the definition of land surveying in GS 89C-3(7) then simple taking and providing the photographs does not require a land surveying license.
2. I take the same photographs and process them into a topographic contour map to show elevation so the developer can determine if too much grading would be needed before buying the land and paying for a surveyor.
Answer:
No, this would be within the definition of land surveying.
3. There is a structure on this land, so I take the same photographs and process them into a 3D model so the developer can get a sense of its appearance from all sides and from top to bottom.
Answer:
No, this would be within the definition of land surveying.
4. The developer wants to know the relative size of the land, so I process the same photographs so the developer can go online and do rough order of magnitude measurements using a distance tool.
Answer:
No, this would be within the definition of land surveying.
5. The developer also wants to get a feel for the area and volume of a large stock pile of stone left on the property, so I process the same photographs so the developer can go online and draw a polygon around the stock pile and use a software tool to tell him area and cubic yards contained in the stock pile.
Answer:
No, this would be within the definition of land surveying, as further explained in the Board’s Volume Computation Surveys Policy.
6. Would it make a difference if I delivered the photographs to the developer stating that the images are not a licensed survey?
Answer:
No, it would still be within the definition of land surveying.
I would like to share the responses I received from the North Carolina Board of Examiners for Engineers and Surveyors with regards to specific scenarios I provided to see what I could and could not do with my Phantom 4.
Questions:
1. I take aerial photographs of land for a developer and use software to stitch the images together. I sell him the individual photographs without any geological references.
Answer:
If there is no meta data or other information about coordinates, distances, property boundaries or anything that falls within the definition of land surveying in GS 89C-3(7) then simple taking and providing the photographs does not require a land surveying license.
2. I take the same photographs and process them into a topographic contour map to show elevation so the developer can determine if too much grading would be needed before buying the land and paying for a surveyor.
Answer:
No, this would be within the definition of land surveying.
3. There is a structure on this land, so I take the same photographs and process them into a 3D model so the developer can get a sense of its appearance from all sides and from top to bottom.
Answer:
No, this would be within the definition of land surveying.
4. The developer wants to know the relative size of the land, so I process the same photographs so the developer can go online and do rough order of magnitude measurements using a distance tool.
Answer:
No, this would be within the definition of land surveying.
5. The developer also wants to get a feel for the area and volume of a large stock pile of stone left on the property, so I process the same photographs so the developer can go online and draw a polygon around the stock pile and use a software tool to tell him area and cubic yards contained in the stock pile.
Answer:
No, this would be within the definition of land surveying, as further explained in the Board’s Volume Computation Surveys Policy.
6. Would it make a difference if I delivered the photographs to the developer stating that the images are not a licensed survey?
Answer:
No, it would still be within the definition of land surveying.