Right of entry for professional land surveyor performing surveying services

§ 9-105. Right of entry for professional land surveyor performing surveying services. 1. When performing surveying services as a professional land surveyor licensed under article one hundred forty-five of the education law, the land surveyor and authorized agents or employees of any such land surveyor may enter upon or cross any lands necessary to perform surveying services provided that the surveyor and authorized agents or employees of such land surveyor:

a. makes reasonable efforts to notify the landowner or, in the case of a lease, the lessee thereof of his or her intention to enter upon the owner's or lessee's land to make a land survey;

b. operates upon such lands during reasonable hours;

c. operates within a reasonable distance from the property line of the land being surveyed; and

d. carries proper identification as to their registration or employment and displays such identification to anyone requesting identification.

2. Nothing in this section shall be construed to:

a. remove civil liability for damage to land, chattels, crops or personal property; or

b. authorized any professional land surveyor, authorized agent or employee to enter any building or structure used as a residence or for storage.