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Board warns firm over drone/LiDAR advertising; legal staff to monitor changes
Summary
After reviewing a complaint alleging a company advertised 3D LiDAR and drone surveys that the board considered land-surveying products, legal staff recommended a detailed warning letter; the board approved issuing the warning and monitoring website changes for potential enforcement.
Legal staff summarized a complaint alleging a private company was advertising "advanced 3D LiDAR scanning, drone surveys, and BIM solutions," services that legal counsel said could constitute the unlicensed practice of land surveying if offered to the public as surveying products.
Legal counsel (speaker identified in the record as the program attorney) recommended issuance of a detailed letter of warning that cites the statute and identified advertising elements the board believes are likely to cross into regulated surveying products. "Point cloud files can be delivered direct to you for integration into your software or transformed by us into 2D plans or 3D models to meet your needs," the counsel read from the company's site as an example of advertising language the board found problematic. The board voted to issue the letter of warning and authorized staff to monitor the company's advertising; if the respondent fails to comply or continues to advertise surveying products, staff may open a formal complaint.
Board members emphasized that a disclaimer on a web page stating the company "will consult a licensed land surveyor" is insufficient to avoid licensure concerns when the product offered requires professional surveying judgment. Chair Gary Clark said such disclaimers "are insufficient" to remove the activity from the statutory definition of surveying. Legal staff will draft a warning letter that cites the relevant statute(s), lists the advertisement elements the board found problematic, and offers guidance on how the respondent can revise public materials to avoid the appearance of unlicensed surveying.
The board chose a warning-and-monitoring approach rather than an immediate civil penalty; legal counsel explained that advertising alone can constitute a violation but the board opted to give the respondent an opportunity to revise. Staff will follow up and, if necessary, open a new complaint for enforcement action.
The warning cites the board's statutory authority and asks the respondent to engage counsel or a licensed surveyor to ensure website language and advertised products comply with Tennessee law. Staff will report back to the board on observed changes and recommended next steps.
