Kathleen R. Nosbich (via email at soilscientist@dpor.virginia.gov)
Executive Director
Board for Professional Soil Scientists, Wetlands Professionals, and Geologists
9960 Mayland Drive
Suite 400
Richmond, VA 23233
Submitted online to the Virginia Regulatory Town Hall at:
https://townhall.virginia.gov/L/entercomment.cfm?stageid=10507

RE: 18VAC145-30. Regulations Governing Certified Professional Wetland Delineators (amending 18VAC145-30-10 through 18VAC145-30-70, 18VAC145-30-120, 18VAC145-30-140, 18VAC145-30-160; repealing 18VAC145-30-80)

Dear Kathleen R. Nosbisch:

Wetlands Watch is a statewide 501(c)3 nonprofit organization, based in Norfolk and working statewide on the conservation and protection of Virginia’s wetlands. On behalf of the Virginia Association of Wetland Professionals, the Environmental Defense Fund, the Chesapeake Bay Foundation, Friends of the Rappahannock, and the Virginia Conservation Network, we offer the following comments on the proposed changes in regulations governing certified professional wetland delineators.

18VAC145-30-20. Qualifications for certification. / 18VAC145-30-80. Waiver from examination. (Repealed.)

We are concerned about the language in 18VAC145-30-20 and the repeal of 18VAC145-30-80, specifically regarding the waiver from examination. This provision allows individuals who obtained Provisional Certification under the United States Army Corps of Engineers (USACE) Wetland Delineator Certification Program of 1993 to obtain Virginia certification without taking an exam. It is important to note that these provisional certifications were invalidated in 1994 when the USACE discontinued the trial program.

As a result, the current regulation has led to waivers of examination being issued by the Department of Professional and Occupational Regulation, granting Virginia Certified Professional Wetland Delineator (PWD) Certifications based solely on these outdated 1993 provisional Corps certifications. Given the significant changes in the procedures for identifying/delineating wetlands and various changes in regulations defining the Waters of the United States since 1994, allowing these 30-year-old provisional certifications to serve as proof of qualifications for performing wetland delineations today seems unreasonable.

We respectfully suggest that this provision be reconsidered, and that the specific language enabling this waiver be removed from the regulation. The invalidation of these provisional certifications in 1994/1995 provides a compelling argument for the need to make this change.

18VAC145-30-60. Course requirements.

We oppose eliminating the minimum course hour requirements in biological, physical, and quantitative sciences. Regardless of degree, maintaining a minimum standard for these courses ensures that PWDs have a solid scientific foundation for accurate and consistent delineations. Removing these requirements would introduce ambiguity, leading to inconsistencies in PWD applications and making it harder to assess applicants’ qualifications. This could weaken the overall competency of the profession.

The listed coursework outlines example course topics, allowing applicants to choose from a variety of classes while still meeting a consistent minimum standard. This clear and consistent academic requirement benefits both applicants and the public by setting expectations and preserving the integrity of the certification process.

18VAC145-30-140. Standards of practice and conduct

We oppose the proposed removal of the following provisions:

“7. Shall immediately notify the client or employer and the appropriate regulatory agency if the certificate holder's professional judgment is overruled and not adhered to when advising appropriate parties of any circumstances of a substantial threat to the public health, safety, or welfare.”

“9. Shall sign and date all plans, drawings, blueprints, surveys, reports, specifications, maps, or other documents prepared or reviewed and approved by the certificate holder. The certified professional wetland delineator shall also indicate that he is a Virginia-certified professional wetland delineator on all plans, drawings, blueprints, surveys, reports, specifications, maps, or other documents prepared or reviewed and approved by the certificate holder and include his certificate number."

The requirement for a Certified Professional Wetland Delineator (PWD) to sign and date all documents, prepared or reviewed, ensures accountability and maintains the integrity of the certification program. Notably, no reasonable justification was provided for the proposed removal of the provision in the agency’s background document. If this provision is removed, it would severely hinder the ability of PWDs to support the program's certification standards. Specifically, if a PWD has an employee or assistant working under their supervision to certify a project, and that person makes an error, the PWD should have the ability to sign off on the work. Without the requirement to personally review and sign the documents, it would be difficult for PWDs to ensure the accuracy and compliance of the work being done under their direction. Virginia’s own Department of Environmental Quality (DEQ) shares our concerns with the proposed removal of this language from the regulations and has noted that “without signing and dating plans, drawings, and documents, the integrity of the certification program is decreased, and enforcement of the standards of practice and conduct will be difficult.”

Additionally, the signing requirement and the notification of non-adherence reinforce the PWD’s responsibility for the work and support enforcing the PWD’s professional code of conduct. Notifying clients and regulatory agencies when professional judgment is overruled is essential for safeguarding the environment and ensuring that PWDs fulfill their ethical and legal responsibilities in protecting the public interest. Without this accountability, the integrity of the certification program could be weakened, leading to a potential erosion of public trust in the qualifications and standards of certified professionals. We ask that this language be restored in any final regulations.

Thank you for your attention.

Sincerely,

Mary-Carson Stiff
Executive Director
Wetlands Watch

Robin Bedenbaugh
Wetland Delineator Certification Committee Chair
Virginia Association of Wetland Professionals

Emily Steinhilber
Virginia Director, Climate Resilient Coasts & Watersheds
Environmental Defense Fund

Patrick Fanning
Virginia Staff Attorney
Chesapeake Bay Foundation

Pat Calvert
Director-Water & Land Conservation Programs
Virginia Conservation Network

Brent Hunsinger
Advocacy and Coastal Programs Director
Friends of the Rappahannock