38 comments
The Certified Wetlands Delineator regulations are fair and very necessary to maintain professional standards in wetland delineation in the Commonwealth. It is important to protect our wetlands, and delineating them is a critical skill that requires much training and high standards. It has been beneficial to us in the past, and should be preserved as is.
Certified Wetland Delineators provide a very important role in protecting regulated wetlands within the Commonwealth by utilizing their specialized training, skills and professinalism to provide wetland delineations that are scientifically based, accurate and reproducable. Property owners, clients, the citizens of the Commonwealth and our wetland resources all benefit from the work completed by Certified Wetland Delineators.
I am a Professional Wetland Delineator (PWD) [# 3402000183] in good standing. I hold a M.S. degree in Environmental Science from Christopher Newport University (2015) where my thesis research focused on wetland bank creation/ecology in Virginia. Since my graduate work, I have been employed in the Commonwealth as an Environmental Scientist with the majority of my job responsibilities focused on the practice of wetland delineation and compliance with state and federal wetland regulations within Virginia. I have been actively involved with the Board of the Virginia Association of Wetland Professionals (VAWP) since 2018 and I am a current VAWP Executive Officer serving as the Immediate Past President. I am also a certified Professional Wetlands Scientist (PWS) [# 3196] through the Society of Wetland Scientists (SWS) Professional Certification Program.
I strongly support the continued regulation of the Professional Wetland Delineator Certification Regulations [18VAC 145-30] (PWD Regulations). Furthermore, I believe the PWD Regulations should be strengthened to better protect public health and the economic performance of the Commonwealth, and to further minimize impact on small businesses within the Commonwealth.
The PWD Regulations currently focus on certifying the skills of an individual to perform a wetland delineation in accordance with state and federal law through relevant education and/or experience. Per the Code of Virginia § 54.1-2200, ‘wetland delineation’ is de?ned as “delineating wetland limits in accordance with prevailing state and federal regulatory guidance and describing wetland types” and the “Practice of wetland delineation” is de?ned as “the delineation of wetlands by accepted principles and methods including, but not limited to, observation, investigation, and consultation on soil, vegetation, and hydrologic parameters; and preparation of wetland delineations, descriptions, reports and interpretive drawings.”
For a PWD, competency in the practice of wetland delineation must also be demonstrated through passing a written exam that focuses on concepts speci?cally related to Virginia including a deep understating of federal supplements that specifically cover Virginia geography (including Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region [Version 2.0] and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region [Version 2.0]) as well as knowledge of Hydric Soils, Hydrophytic Vegetation, Wetland Hydrology, Atypical and Problematic Situations, Tidal and Non-tidal concepts, and synthesis of real world application and problem solving. No other certification (including the Society of Wetland Scientist Professional Wetland Scientist [PWS] Certification) certify these speci?c and key professional skills and/or competencies in wetland delineations. (For additional information see the 2007 Association of Wetland Managers review article entitled “State Wetland Delineator Certification Programs").
The PWS has previously been incorrectly characterized as an equivalent certification to the Virginia PWD certification (See the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification [RD690]). The PWS is an international certification program which can be obtained based on educational and experiential backgrounds in a wide variety of ?elds/specialties related to the assessment/management of wetlands anywhere in the world. There is no examination and/or test of subject matter competency required to obtain a PWS certification. PWS certification does not require speci?c knowledge, skill, or experience in the practice of wetland delineation (although some certified PWSs may possess these attributes). As an international certification, a PWS does not need any specialized knowledge of wetland regulations, practices, or delineation methods in the United States in order to be certified. Nor does the PWS require any knowledge of Virginia regulations/policies.
The SWS Professional Certification Program website states the certification is “broad in scope and is intended to provide international recognition as a practicing professional in wetland science” and describes the qualifying experiences for PWS Certification in their Standing Rules under §18(b):
“…Relevant experience may be gained while working in the private (e.g., consulting, industry, non-pro?t), public (e.g., local, state, federal government), and/or academic sectors….
Examples of qualifying experience include:
1. Engaging in research that includes ?eld or laboratory observation, analysis of data, and preparation of a publication for recognized journals and/or published reports to private/public clients,
2. Directing a research project with supervisory responsibility over several technicians,
3. Serving as a leader or assistant leader on wetland-related projects requiring independent judgment and action,
4. Teaching a college course or equivalent in wetlands science,
5. Working as a wetlands specialist, scientist, or manager in the public (local, state, or federal agency) or private (industry, consultant, developer) sector,
6. Directing a state-wide or district-wide wetlands program, conducing wetland restoration projects, wetland program planning, or conducting wetland delineations or evaluations.”
As indicated above there are multiple pathways to obtaining a PWS certification. Most of these pathways do not require specialized knowledge/experience in wetland delineation. Furthermore, the PWS certification is not intended to supersede or replace other certifications. The PWS website speci?cally states this in their Program Overview: “The Society of Wetland Scientists Professional Certification Program should complement and greatly augment similar national, federal, state, provincial, and local programs.”
As detailed above, the PWS certification does not require demonstrated skills in wetland delineation and no national program exists that certifies individual competencies in the practices of wetland delineation. Even if a national program existed in the future, it is unlikely such a certification could provide the required assurances to consumers, as Virginia has a state-level wetland program with unique regulatory requirements. A prime example include the definition of tidal wetlands under VMRC regulations (§ 28.2-1300) which provides a definition of tidal vegetated and non-vegetated wetlands that is distinctly di?erent than any other national definition for the determination of jurisdictional wetland boundaries. In addition, the Virginia Water Protection (VWP) permit program regulates State Surfaces Waters as defined in § 62.1-44.3, which provided a broader definition of regulated wetlands then covered by federal law/regulation, including the Clean Water Act/Water of the US.
In addition, there have been multiple iterations, legal challenges, and court ruling at the federal level in changes to its definitions of Waters of the US (including wetlands) in recent years, including the recent Sackett vs. EPA decision. Each of these changes in federal definitions have highlighted di?erences between Virginia’s regulatory wetland programs and federal programs, such that many states regulated wetlands are not considered regulated features by the federal government.
The importance of trained, professionals in delineating Virigina wetlands and waters has recently been reaffirmed by the establishment of a new Virginia State Waters Delineation Certification Program though the Virginia Department of Environmental Quality (DEQ). This certification recognizes that the PWD certification is critical to assuring reliable and consistent identification of State Surface Waters. Holding a PWD certification is a prerequisite to becoming a Virginia State Waters Delineator (VSWD). A certified PWD provides assurance of minimum competencies required to demonstrate to DEQ that a professional can conduct a State Surface Water Delineation for expedited DEQ by review.
Therefore, individuals conducting delineations in Virginia should have a speci?c and documented understand of the limits of the Virginia’s wetland programs and understand the differences between State Surface Waters (which includes all wetlands) and the current federal definitions of Waters of the US. An accurate wetland delineation is critical in preventing harm, as identifying the limits of wetlands and waters within a site is the foundation in making permit decisions and avoiding, minimizing, and reducing impacts to these resources. If an inaccurate delineation is conducted, signi?cant delays and problems can result in perming and development, resulting in signi?cant economic losses. As part of the VSWD program, DEQ also states that it encourages its VWP Permit staff to obtain the VSWD certification to ensure regulators also have the skills and training to identify state surface waters accurately and consistently. As a PWD certification is a prerequisite for obtaining a VSWD, DEQ therefore acknowledges the value of the PWD certification for its own staff in accurately implementing and enforcing regulations designed to protect State Surface Waters. Virginians would be harmed if the PWD certification does not continue to provide consumers assurances of competencies for the practice of Wetland Delineation under the PWD certification.
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. There are many wetland professionals that are small businesses employees and/or owners. Costs and burdens associated with litigations resulting from wetland delineation work performed by unqualified individuals can result in harm to these small business. Possibly worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs.
The establishment of the DEQ VSWD certification program, which relies on and requires a PWD as a prerequisite, allows a certified practitioner to assume professional responsibility for the accuracy of field delineations and that the information submitted to DEQ for review is complete. One benefit of the VSWD certification is that DEQ will prioritize State Surface Water Delineations (SSWD) reviews by a certified individual ahead of other SSWD requests. Per DEQ, “this prioritization acknowledges professional expertise of the VSWD and allows DEQ to rely on the accuracy and completeness of an SSWD. With accurate and complete information, DEQ can approve SSWDs faster, which will also increase the efficiency of VWP permit issuances." Therefore, removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can also affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
Based on the information outlined above, not only should DPOR continue its PWD certification program, but I believe regulations surrounding delineation in Virginia be strengthened.
Suggestions include:
1. Inclusion of a Continuing Education/training component requirement to ensure PWDs keep up to date on regulatory changes and practices in wetland delineations. The VSWD Certification Program reiterates the needed for a continuing education component to surface water delineation certification in Virginia. The regulations associated with the PWD certification program should be modified to reflect the need for professionals to maintain specialized wetland delineation knowledge of revised/updated regulations and/or practices. A required continuing education is a keystone of many professional certifications/license. Without this component, the regulated public may be subject to PWDs who offer delineation services without knowledge of current regulations/practices, thus introducing potential harm to the regulated public and/or resulting in delays in permit processing. Regulations/guidance defining regulated wetlands/waters change consistently and frequently, thereby necessitating continuing education/training to be a competent wetland delineator.
2. Inclusion of a ?eld practicum and/or verification of previously conducted delineations. This could be accomplished through requiring applicants to submit records detailing that they have successfully conducted wetland delineations in Virginia through the confirmation of linework via a U.S. Army Corps of Engineers (USACE) Jurisdictional Determination and/or a DEQ State Surface Waters Determination (SSWD) to ensure delineation consistent with state and federal regulations AND/OR the inclusion of a field-based component to the PWD examination process. Currently, a PWD can successfully apply to become a PWD without submitting proof that they have prepared a delineation that has been reviewed/approved by any authoritative agency.
3. Establish a committee/review panel to consider the need to elevate the PWD certification to a professional license, rather than a voluntary certification program. Elevating the PWD program to a licensure may be beneficial to further protect the Surface Waters of the Commonwealth while providing economic benefits as outlined in the comments above. A PWD Licensure could provide additional assurances to the regulated public and regulators that information submitted by a PWD can be relied on as complete and accurate. A licensure program could lead to further alleviation in regulatory burdens associated with SSWD reviews and/or application materials, thereby saving time and money of permittees and the Commonwealth, while making Virginia more attractive to economic investment opportunities.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces perming backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR/BPOR to acknowledge the value of the PWD and recommend the continuation and expansion of the Virginia Professional Wetland Delineator program.
Thank you for your consideration of these comments.
-Daniel 'Eli' Wright, PWD, PWS
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, itincreases the onus of regulators with limited staff and timeincreasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth,resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies,and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundariescurrently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatoryapplications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands,and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWSnational certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensuresprotection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
The PWD program was instituted in the wake of the U.S. Army Corps of Engineers (USACE) abandoning their accrediting program. The void left uncertainty in the development and regulatory industries as to both the understanding of developers on the process of correctly delineating and permitting waters of the United States (WOTUS)(i.e. wetlands, streams , etc.) and providing more surety with regard to protecting the waters of the United States and other associated resources. The PWD program was instituted to fill that void. In similar fashion history is repeating itself with the recent Supreme Court of the U.S. ruling, where federal limits of jurisdiction wetlands were changed. Again another gap in the protection of wetlands in the Commonwealth, where the USACE stopped issuing jurisdictional determination and permitting was drastically slowed. The Virginia Department of Environmental Quality(VDEQ) filled the gap with its trust of those with PWDs and issuing a guidance letter providing a process whereby a PWD could obtain confirmation of the limits WOTUS through VDEQ and providing permitting options through the VDEQ permitting process. This effort to provide regulatory certainty would not have been possible without the PWD certification and VDEQ’s trust and understanding of the expertise of the PWD practitioners. The ramifications of regulatory uncertainty has far reaching and unintended consequences for Virginia’s economy, the protection of wetlands, and the many associated resources and benefits that theses resources provide to Commonwealth.
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
I’m writing to express my strong support for retaining the Professional Wetland Delineator (PWD) certification. Virginia has been one of the leading states to develop and implement this type of certification in an industry that lacks a national standard for completing this work. I implore you to KEEP this certification for the following reasons:
1 – Due to the lack of a national certification, it separates those professionals who have demonstrated that they have the education and experience to provide these services to the general public, from those who do not. I have witnessed other “professionals” who lack this certification submit incorrect delineations that do not follow the Army Corps of Engineer’s guidance. Without the PWD certification, which is intended to provide a standard that the general public and regulatory agencies can rely on, it will be much more difficult to distinguish between those who have demonstrated a history of professionalism versus those who are unqualified to provide this highly technical work. The result of these errors can include impacts to valuable environmental resources and state waters. Work of poor quality can also create a burden on the Department of Environmental Quality who are already understaffed.
2 – The only national certification (the Professional Wetland Scientist certification) is not specific to wetland delineations. In fact, there are many PWS certified professionals who have never completed a wetland delineation in their career. These are two very different certifications and should not be considered equal. Failure to retain the PWD certification provides no standard for this type of work.
3 – The laws and regulations pertaining to wetland and Waters of the US delineations and permitting is getting more and more complicated. Most recently we are seeing the growing divide between the federal regulations and those of the State of Virginia. These are highly technical laws that require a certain level of expertise to provide guidance to the general public. It is the State’s responsibility, through DPOR regulations, to ensure that the general public are protected from those who are unqualified to perform certain services. The PWD certification provides a clear distinction between those who have the experience to understand these regulations, and thus provide professional guidance to the general public, and those who do not.
In closing I ask that you KEEP the PWD certification.
I STONGLY SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. As one of the first Professional Wetland Delineator (PWDs) in the Commonwealth (PWD# 3402000004), I take great pride in this program and in the quality work my fellow PWDs perform across the state. While I am also a certified Professional Wetlands Scientist (PWS) [# 3043] through the Society of Wetland Scientist's (SWS) Professional Certification Program, it is the Virginia’s PWD certification which I am most proud. It expresses my skill set as a wetland delineator and gives my clients comfort that the work my staff and I perform is of the highest quality.
Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation, or poor understanding of Virginia regulations, can not only be costly to the permittee, but ultimately increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that all development projects, including key infrastructure projects, are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes the PWD certification as a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has one of the oldest, active wetland delineator certifications in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands and waters affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It does not even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Thaddeus J. Kraska, PWS, PWD
Director of Environmental Services
Townes Site Engineering, PC
Virginia Certified Professional Wetland Delineator, No. 4
Professional Wetland Scientist, No. 3043
To Whom It May Concern:
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your time and consideration,
Jennifer M. Favela, PWS, PWD, CE
Senior Wetland Scientist
Wetland Studies and Solutions, Inc.
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Sincerely,
Sean Sipple, PWS, PWD
Coastal Resources, Inc.
The Virginia PWD regulations are invaluable for the protection of our state’s wetlands, the development and accreditation of our community and the Virginia Association of Wetland Professionals, and the trust and confidence of the residents and industries served by certified professionals. I strongly support retaining these regulations.
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Matt Neely, PWD
Environmental Group Leader
Timmons Group
DRAFT LANGUAGE FOR YOUR USE:
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Alexi Weber, PWS, PWD, CE, Assistant Manager - Environmental Science
To Whom it May Concern,
I wholeheartedly support the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form.
Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus negatively impacting water quality, affecting the quality of drinking water supplies, and negatively impacting eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Alison Robinson
Project Environmental Scientist
Wetland Studies and Solutions, Inc.
The PWD certification is necessary in Virginia to assist consultants in providing quality support for clients in Virginia. In addition, the PWD stamp provides a measure of assurance to local entities, and COE/DEQ, that the report was completed by someone with adequate training and resources and that the data within the documents can be assured to be correct. Especially, with all the changes on a Federal level regarding wetland regulations, it is imperative that the state maintain the licensure.
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Reid Anderson, MS, PWS, Environmental Scientist Timmons Group
I support the continued regulation of Certified Professional Wetland Delineator (PWD) by the Commonwealth of Virginia's Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated. The PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD certification and recommend the continuation of the Virginia PWD Certification.
Thank you for your consideration of these comments.
During the last Periodic and Small Business Impact Review in 2020, the Professional Wetland Delineator Certification Program was proposed for elimination by the Board for Professional and Occupational Regulation. At that time, it was clearly demonstrated that the PWD certification program satisfied all 4 criteria required for an occupation to be regulated (Section 54.1-100): 1) The unregulated practice of the occupation can harm public health, safety, and welfare. 2) The occupation's work has inherent qualities that distinguish it from other occupations. 3) The public will benefit from sate assurances of competency. and 4) The public is not protected by other means.
The PWD certification is again under Periodic Review and still meets all the required elements for the occupation to be regulated as was demonstrated in 2020, however, it has become even more important for ensuring timely permitting for projects in the Commonwealth. Due to the recent changes in federal wetlands and waters regulation resulting from the Sackett vs. EPA Supreme Court decision, the U.S. Army Corps of Engineers currently is declining to issue Approved Jurisdictional Confirmations for projects, which has thrown regulatory permitting timelines in the Commonwealth into chaos. Currently there are no assurances of expedient reviews of permit applications in the Commonwealth. To keep wetland permitting moving forward, the VDEQ is implementing its new Virginia State Waters delineator (VSWD) Certification Program, which requires that a VSWD have a PWD Certification in addition to a stream identification and assessment certification. The VDEQ has recently announced that wetland and stream delineations performed by a certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. It will now be even more critical to retain the PWD certification program in order to provide more certainty and timely reviews in the state project permitting review process.
DRAFT LANGUAGE FOR YOUR USE:
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Emily Salkind, LPSS, PWD
Environmental Project Manager
Associate
Balzer & Associates
15871 City View Drive, Suite 200, Midlothian, VA 23113 / p 804.794.0571
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
I would like to express my support for the continuation the PWD program in its current form. This certification protects the Commonwealth and its citizens, and satisfies the 4 criteria required for an occupation to be regulated.
First, unregulated practice of the occupation results in permitting issues and lawsuits, but more importantly, the unnecessary destruction of the Commonwealth's natural resources. The work of delineating wetlands require proficiency in botany, soil science, hydrology, and regulations- this distinguishes it from other occupations which do not require such in-depth knowledge on a wide range of topics. The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for the consideration
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the four criteria required for an occupation to be regulated (§54.1-100).
It is also important to note that in order to obtain the DEQ's Virginia State Waters Delineation (VSWD) Certification, an applicant must already possess a PWD's certification.
The PWD certification is crucial in Virginia to ensure delineations and permitting for projects in Virginia are completed accurately and on time. The PWD certification assures the COE, DEQ, and local wetland boards that the delineation was completed by someone with adequate training and resources and that the data within the documents is correct. With all the changes on a federal level forthcoming, it is imperative that the state maintain the licensure.
The PWD certification is Virginia should be an example that other states can follow that gives professionals a a goal to work to in their careers. The certification helps ensure the public and the regulating agencies that the delineation work is being completed by professionals and with a degree of integrity.
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form.
To often have I had to redelineate wetlands, at the extensive cost of applicants/builders as too many unexperienced 'professionals' fail to adequately delineate. With the continual changes in policy over the past several years, it is even more imperative to have a true certified professional working on behalf of both the Commonwealth and its citizens.
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Paul Pitera, PWD
RES, LLC
I strongly support the Professional Wetland Delineator (PWD) Certification program as it provides high standards for professionals completing wetland delineations. This is a measure of dependability for professionals as well as Clients for private companies. In addition, the Virginia State Surface Waters Delineator (VSWD) certification program recently initiated by DEQ depends up on the PWD certification and will provide accuracy and efficiency for state surface water reviews. This will benefit the economy as well as the environment. Keeping high standards of practice benefits all parties and is essential for the Commonwealth.
Virginia has the oldest, active wetland delineator certification in the USA and the only such certification that requires proficiency in botany, soils science, hydrology and federal and Virginia regulations. This occupation is interdisciplinary and as such no other occupation requires these proficiencies and there is not a federal wetland delin. certification or equivalent. While the US Army Corps had a certification program, it ceased many years ago and the Corps has indicated they do not have the funding to reinitiate this program.
The recent Sackett Supreme Court Case (May 2023) has reduced federal jurisdiction of wetlands, making Virginia's program more important, and thus a separate state certification more relevant and important. Additionally, the Virginia DEQ is now implementing, as a consequence of the Sackett case, a State Surface Waters Delineation program, and requires certified wetland delineator as a prerequisite. As such the wetland certification is a literal building block to other state recognized proficiencies. This new program is a direct result of the Sackett Case, illustrating the success of the Virginia Certified Wetland Delineator program.
I have seen first hand, and have worked on resolving violations in Virginia that result, in part, on faulty delineations by those not certififed. Other poorly performed delineations, if not caught by regulatory agencies harm Virginia's natural resources and generate an interest by some to avoid doing a delineation correctly. Poorly performed delineations can also add additional delays and costs to unsuspecting applicants who rely on those persons that are not adequately trained and certified, only to learn of the deficiencies when a federal or state agency staff identifies errors in the field. revising a delineation normally also requires new surveying and engineering thus adding considerable cost, delay and risk to applicant and end users (home buyers, industrial users, and for public projects, tax dollar loss and public benefits delayed).
No other certification program provides assurance of the competency in the practice of wetland delineation and regulations in Virginia. Universities and Colleges do not teach a comprehensive program aimed at this unique profession. I have hired well over 100 people, and know the time and expense needed to properly train personnel to perform this service well, which often takes years of training and experience, even after these employees graduate from many of Virginia's finest institutions, as well as other universities. The Society of Wetland Professionals, while providing a Certification for Professional Wetland Scientists, does not focus its certification on the regulatory program and regulatory requirements of a wetland delineation to be relied on under both the Federal Clean Water Act and the Virginia Water Protection Program (VWPP). I know this because I am a "Senior Professional Wetland Scientist" via the SWS, which requires being certified for over 10 years.
In short, if beauticians need to be tested and licensed in Virginia, then the craft of wetland delineation; which is tied to both state and federal regulations, independent review by both federal and state regulators and constantly evolving science, requires a State certification program.
Should this program be jeopardized by its potential removal from state certification, I ask for a public hearing and would testify in favor of continuing this program.
DRAFT LANGUAGE FOR YOUR USE:
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
I strongly SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments,
Amy M. Connelly, PWS, PWD, LEED AP
Director – Northern Virginia
Wetland Studies and Solutions, Inc.
I am submitting these comments in STRONG SUPPORT of the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation Board (BDPOR).
The continued certification of Professional Wetland Delineators by BDPOR is necessary to protect the citizens of Virginia who must rely on professional ecologists and scientists for specialty services that are demanded by the regulatory maze for conservation and development interests.
There is a fundamental misunderstanding by BDPOR regulators and other governmental officials of the necessity of this licensed practice. It is very clear that BDPOR has erroneously concluded that the PWD licensure does not satisfy all occupational criteria for regulation by the Commonwealth of Virginia via State Code Section 54.1-100. Indeed, all FOUR criteria are met:
Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by undertrained and underqualified persons resulting in unresolved permitting scenarios, extra and unnecessary expenses, project delays, and superfluous meetings, additional hearings, and (especially in northern Virginia), litigation against regulatory authorities and the individuals who performed the botched delineation work. The PWD program provides the public in general who need these specialty services with state-licensed, market-vetted, and qualified professionals. This regulatory licensure process ensures reducing risk to individuals, organizations, municipalities, and corporations from harm caused by improper wetland delineation work. This comes at a time when federal regulations have significantly changed twice since 2020 and the State’s reaction to those changes are in a catch-up flux state at present. Regulations are rapidly changing wetland delineation reporting requirements and permitting nuance including the establishment of the recent DEQ Virginia State Waters Delineation Certification Program, which relies on the PWD certification as a prerequisite for becoming a certified Virginia State Waters Delineator (VSWD).
Trained PWDs steer clear of product uncertainty because they have a vested interest through licensure maintenance to keep up with the regulations most affecting the practice of wetland delineation and regulatory application of the delineations. This further protects the public. Unlicensed persons without the PWD certification have no such interests to aspire towards or to maintain.
The practice of wetland delineation requires technical expertise and knowledge in botany, earth and soil science, hydrology, limnology, microbiology, all of which is interwoven into a federal, state, and locality wetland regulatory constructs and permitting framework to include the Commonwealth’s Chesapeake Bay Protection Act and Stormwater Management regulations. No other occupation which brings to bear applied ecology in active practice requires proficiencies in all these disciplines.
The public’s need for wetland, stream, and regulatory buffer delineation services requires well-trained, qualified professionals to reduce the risk from the harm and chaos caused by inaccurate delineation practice. The benefits minimize the economic impact on small businesses in a manner consistent with the applicable law and carries out the regulations in a clearly written and easily understandable manner. There are no other certification programs which can provide assurances of competency in the practice of wetland delineation in Virginia. The BDPOR should review the National Association of Wetland Managers’ article entitled State Wetland Delineator Certification Programs prior to providing final comment on the legislative report. Virginia’s PWD program is the oldest and arguably the best of its kind in the United States.
To date, some regulatory authorities have asserted that the Virginia PWD Certification is “unnecessary” as there is an “equivalent” national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists). Legislative reports have stated this national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within Virginia. The PWS certification has differing step-ups, and qualification criteria. More importantly, it is not Virginia-specific in focus or application for delineation services in particular, evidence alone which is counter to any claim of equivalency.
The PWS is an international certification program. It can be obtained based on a wider range of educational and/or experiential backgrounds in any specialties related to wetland ecology, management, or regulation, and is not focused on delineation. Education and experience can be obtained anywhere in the world and therefore does not require any knowledge of U.S. regulatory wetland constructs. The PWS certification also does not require knowledge of wetland communities specific to Virginia or the Mid-Atlantic region and does not require experience or education in the practice of wetland delineations and requires no examination of technical field proficiencies. BDPOR should make a full comparative review of the PWS and PWD certification requirements.
The work performed by a PWD ensures that the work is performed by a person with the proper and verified qualifications. The licensed PWD is bound to perform delineation work under stringent ethical and professional standards. There are no other protections for the public from the improper practice of establishment of wetland boundaries through field delineation.
In conclusion, the PWD certification is necessary to protect the Commonwealth of Virginia and its organizations, municipalities, and individuals from inaccurate delineations, regulatory gaffes, and costly strategy mistakes for development and conservation entities by ensuring protection of wetland resources. There are no other certification programs that can provide assurances of competency to perform this work or these specialty delineation services in Virginia. BDPOR should re-acknowledge the value of the PWD by retaining it as a licensed profession through continued regulation of the Virginia Professional Wetland Delineator Certification.
I thank you for your consideration of these comments submitted in support of Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia and the state regulations Governing Certified Professional Wetland Delineators [18 VAC 145 ? 30].
Sincerely,
Robert A. S. Wright, PWS, PWD, CNRP
Sr. Assoc. Regulatory Specialist
Wetland Studies and Solutions, Inc.
1620 Brook Road
Richmond, VA 23220
DPOR PWD #3402000023
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the
Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its
current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and
continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
1) The unregulated practice of the occupation can harm public health, safety or welfare.
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified
individuals resulted in permitting issues and lawsuits against both the regulatory authorities and
the individuals who performed the work. The Association of State Wetland Manager’s 2007 State
Wetland Delineator Certification Programs article describes that “wetland delineations are
generally required for dredge and fill permits. An inaccurate delineation can delay a permit
application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be
costly to the permittee, it increases the onus of regulators with limited staff and time increasing
permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland
Delineator certification will increase the likelihood that key infrastructure projects are delayed
which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation,
utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources
within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water
quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state
level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification
Program though the Virginia Department of Environmental Quality (VDEQ). This new certification
recognizes that the PWD certification is a critical component to assuring reliable and consistent
identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State
Waters Delineator Certification.
2) The occupation’s work has inherent qualities that distinguish it from other occupations.
Virginia has the oldest, active wetland delineator certification in the United States and the only
such certification that requires proficiency in botany, soil science, hydrology, and federal and
Virginia regulations. No other occupation requires these proficiencies, and there is not a federal
wetland delineator certification or equivalent certification.
3) The public needs and will benefit from state assurances of competency.
The public needs and will benefit from state assurances of competency because Virginia regulates
and requires permits for impacts within wetland and surface water boundaries currently
unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the
boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification
programs aside from the PWD which can provide assurances of competency in the practice of
wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and
poor regulatory applications and helps assure potential Virginia economic investors that their
projects can move through the permitting process on schedule. It reduces their permitting burden
and reduces undue costs and delays. Accurately identifying wetlands affects the protection of
water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps
to maintain water quality, effecting the quality of drinking water supplies, and generating revenue
from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the
Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of
Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland
delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun
implementing its new Virginia State Waters Delineator (VSWD) Certification program, which
requires that a VSWD have a PWD certification in addition to a stream identification and
assessment certification. The DEQ has announced that wetland and stream delineations
performed by certified VSWD will be provided expedited 30-day review under the Permitting
Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream
delineations performed by non-VSWD certified practitioners will not have any assurances of this
expedient review. Keeping the PWD certification will be critical to providing more certainty and
timely reviews in the state project permit review process.
4) The public is not protected by other means.
No other certification program provides assurances of competency in the practice of wetland
delineation and regulations in Virginia. There is not a federal wetland delineator certification or
equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist
(PWS) certification does not require any specific proficiency related to wetland delineation or
regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS
certification application website, the SWS Professional Certification Program “recognizes that
Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a
previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission
(JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690)
incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national
certification program (i.e. the Professional Wetland Scientist [PWS] certification through the
Society of Wetland Scientists); that the PWS certification provides the same level of assurance to
consumers and the public. It does not. One can receive the PWS designation without ever
conducting a wetland delineation, without any familiarity in federal wetland delineation
guidance/requirements, and/or without familiarity with application of the Clean Water Act or
Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public
assurance that their project will receive an accurate delineation or be guided through the Virginia
and Federal regulatory process appropriately because they are not a requirement to receive the
PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator
Certification Programs. There have been past assertions that the PWS national certification
provides the same level of assurance to consumers and the public. The PWD and PWS certifications
are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with
the same assurances in certifying the competencies of an individual in the practice of wetland
delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects
the public from inadequate delineations, avoids costly errors in development, reduces permitting
backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There
are no other certification programs that can provide assurances of competency to perform this work. I
urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia
Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
-Austin Ziletti
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Dear Director Melis:
The Department of Professional and Occupational Regulation (DPOR) recently published notice of its periodic review of 18 VAC 145-30, Regulations Governing Certified Professional Wetland Delineators (PWD). The Department of Environmental Quality (DEQ) strongly supports that this regulation be retained for the numerous reasons described below.
On May 25, 2023, the United States Supreme Court issued its decision in the case titled Sackett v. Environmental Protection Agency (Sackett). The opinion reduces the number of wetland acres that are protected under the federal Clean Water Act (CWA). One of the immediate implementation issues associated with this decision is whether permit applications and wetland jurisdictional determinations will be processed by the U.S. Army Corps of Engineers (Corps) in a timely, predictable, and consistent manner see DEQ Memo to Stakeholders.
Also on May 25, 2023, independent from the Sackett decision, the Norfolk District of the Corps published a notice of its intended prioritization of jurisdictional determinations and confirmations of delineations of aquatic resources. The Corps’ public notice can be found at: https://www.nao.usace.army.mil/Media/Public-Notices/Article/3402545/notification-to-thepublic-of-changes-to-the-districts-regulatory-program-pract/.
Historically, DEQ has relied on the Corps to perform and/or confirm the field delineation of wetlands in Virginia. DEQ does not have the staff or resources to undertake this important work. In fact, DEQ has estimated that we will need thirty (30) additional staff at a cost of four million dollars ($4 million) to replace the Corps efforts. Given that these resources are not available, DEQ has recently initiated a program that relies on the use of professional wetland delineators. As described in the DEQ Memo to Stakeholders above, DEQ has developed protocols for State Surface Water Determinations (SSWD). When a SSWD request is submitted by a PWD using the required forms, DEQ will strive to review the SSWD request within 30 days. This will create an efficient infrastructure for the implementation of federal and state wetlands protection and permitting.
In addition to the critical role that PWDs serve in the state permitting process, certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Inaccurate delineations or poor understanding of Virginia regulations can not only be costly to the permittee, but it also increases the onus of DEQ regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and increases the regulatory burden on permit applicants.
The importance of trained professionals in wetland delineation has recently been reaffirmed by the establishment of DEQ’s new Virginia State Waters Delineator (VSWD) Certification Program. (See DEQ News, Vol. 2, No. 10.) This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation. The PWD and PWS certifications are NOT substantially similar, and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. Given that DEQ’s new State Surface Water Determination process recognizes the critical importance of the professional wetland delineator designation, DEQ strongly recommends that 18 VAC 145-30, Regulations Governing Certified Professional Wetland Delineators, be retained.
Thank you for your consideration of these comments.
Sincerely,
Michael S. Rolband
I strongly support the continued regulation of Certified Professional Wetland Delineators (PWD) by Virginia's Department of Professional and Occupational Regulation (DPOR). Certification of PWDs is necessary to protect the Commonwealth and its citizens and it continues to meet the criteria for an occupation to be regulated as discussed below.
1) The unregulated practice of the occupation can harm public health, safety or welfare. Prior to the PWD certification, and indeed, even today delineations performed today by unqualified individuals, are not necessarily accurate. This can add costs and time delays to the permittee and puts additional strain on the already limited resources of the reviewing agencies.
2) The occupation's work has inherent qualifications that distinguish it from other occupations. The PWD certification is the only program in the nation that requires proficiency in botany, soil science, and hydrology, as well as federal and Virginia regulations. There is no federal delineator certification or equivalent certification.
3) The public needs and will benefit from State assurances of competency. The public needs and will benefit from State assurances of competency, in particular because Virginia regulates certain aquatic and wetland features that are not regulated by the US Army Corps of Engineers (COE) as waters of the United States. In fact, the COE does not have the staff to perform detailed reviews of the waters and wetlands that they do regulate. Further, the Virginia Department of Environmental Quality (DEQ) has initiated their new Virginia State Waters Delineator (VSWD) certification program for stream assessment and identification and a prerequisite to the VSWD certification is having a PWD.
4) The public is not protected by other means. No other certification program provides assurances of competency in the practice of wetland delineation in Virginia. There is no federal certification program or equivalent. The Society of Wetland Scientists (SWS) International Professional Wetland Scientist (PWS) certification does not require any specific proficiency in wetland delineation or regulation.
In summary, the PWD certification is necessary in Virginia as it protects the public from inadequate delineations, avoids costly errors in project development, reduces the workload for federal and state regulators and assures protection of wetland resources as well as the economy of Virginia. There is no other certification that provides assurances of competency and I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia PWD Certification.
Thank you for the opportunity to comment.
Sincerely,
Mark Headly, PWD, PWS Emeritus
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Faulty wetland delineations:
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
W. Michael Lane (PWD #056, PWS #185
Lane Environmental Consultants
* The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
** Recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, have thrown permitting timelines into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
*** The 2020 Joint Legislative Audit and Review Commission (JLARC) Report erroneously asserted that an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists) provides the same level of assurance to consumers and the public, and incorrectly concluded that the PWD certification is unnecessary. Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs.
I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the work. The Association of State Wetland Manager’s 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”
Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs. Removing and/or reducing the scope of the Professional Wetland Delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.
The practice of not accurately identifying wetlands can affect the protection of water resources within the Commonwealth,resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatoryapplications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, permitting timelines have been thrown into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. The DEQ has announced that wetland and stream delineations performed by certified VSWD will be provided expedited 30-day review under the Permitting Enhancement and Evaluation Platform (PEEP) tracking program, while wetland and stream delineations performed by non-VSWD certified practitioners will not have any assurances of this expedient review. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! Per the PWS certification application website, the SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” In a previous review of the PWD certification, the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification (RD690) incorrectly asserts that the PWD certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever conducting a wetland delineation, without any familiarity in federal wetland delineation guidance/requirements, and/or without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs. There have been past assertions that the PWS national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar and the PWS certification does NOT provide Virginia consumers with the same assurances in certifying the competencies of an individual in the practice of wetland delineations within the Commonwealth.
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensuresprotection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
Justin Brown, PWD, PWS