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:

1. The unregulated practice of the occupation can harm public health, safety, or welfare

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.

2. The occupation’s work has inherent qualities that distinguish it from other occupations

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.

3. The public need and benefit from state assurances of competency

         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.

4. The public is not protected by other means

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