I provide the following comments as an active wetland delineation professional in Virginia. I am a Professional Wetland Delineator (PWD) [#3402000183] in good standing and hold an M.S. in Environmental Science from Christopher Newport University (2015), where my thesis research focused on wetland bank creation and ecology in Virginia. Since completing my graduate studies, I have worked as an Environmental Scientist in the Commonwealth, with the majority of my responsibilities centered on wetland delineation and compliance with Virginia’s state and federal wetland regulations. I am also the president and founder of a Virginia-based environmental consulting firm.

I have been actively involved with the Virginia Association of Wetland Professionals (VAWP) Board since 2018 and currently serve as a VAWP Executive Officer in the role of Immediate Past President. Additionally, I am a certified Professional Wetland Scientist (PWS) [#3196] through the Society of Wetland Scientists (SWS) Professional Certification Program.

18VAC145-30-10. Definitions.

Per the background documents, revising the definitions of "tidal wetlands" and "nontidal wetlands" in 18VAC145-30-10 is intended to update and clarify the meaning of these terms. However, the proposed text replaces the term ‘defines’ with the phrase “subject to the jurisdiction of” in relation to of Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.

The incorporation of 'subject to the jurisdiction of' may create confusion rather than clarify the intended meaning, particularly in the context of wetland delineations. The practice of wetland delineation is intended to identify areas that meet specific regulatory and/or statutory criteria, not determine if those wetlands are regulated by any specific governing body. All wetlands, regardless of jurisdictional status, are to be identified and located as part of a wetland delineation. Therefore, adding the term ‘subject to the jurisdiction of’ goes beyond the basic intention of a wetland delineation

Determination of jurisdiction is made in later stages of delineation reviews by governing bodies. Jurisdictional determinations are conducted by the appropriate regulatory bodies, such as the U.S. Army Corps of Engineers (via Preliminary or Approved Jurisdictional Determinations), the Virginia DEQ (through State Surface Water Determinations), and the Virginia Marine Resources Commission or Local Wetlands Boards for tidal wetlands, not by the delineator.

Furthermore, the Code of Virginia at § 54.1-2200 (Definitions), already defines "Wetlands" to mean the same as that term is defined in §§ 28.2-1300 and 62.1-44.3 and the current DPOR regulations already incorporate the § 54.1-2200 definitions. In addition, the term ‘Tidal wetland’ is not included anywhere in DPOR current or proposed regulations.  There are only two occurrences of ‘nontidal wetlands’ in 18VAC145-30-50.  Therefore, specific clarification regarding the terms ‘Tidal Wetland’ and ‘Nontidal Wetlands’ seems unnecessary as the existing incorporation of § 54.1-2200 definitions already aligns with statutory language.

18VAC145-30-20. Qualifications for certification.

The addition of 'pass the board-approved exam and' is a necessary clarification and aligns with certification requirements.

However, the proposed language of “The board will waive the examination requirement for applicants who meet the requirements of § 54.1-2206 B of the Code of Virginia.” is unnecessary, as the waiver of the examination requirement is already established and mandatory under § 54.1-2206 B of the Code of Virginia. Including this provision in the DPOR regulations contradicts the stated goal of regulatory reduction under Executive Directive Number One."

18VAC145-30-60. Course requirements.

As others have commented in this public forum, I also oppose eliminating the minimum course hour requirements in biological, physical, and quantitative sciences. These requirements are necessary to maintain the integrity of the PWD. Wetland delineation requires specialized knowledge across multiple disciplines and the current course hour framework addresses this base knowledge.  For those without the educational background required to qualify pursuant to subdivision 1 of § 54.1-2206.2, there is a pathway outline under subdivision 2 which provide submission of academic experience for job experience. The existing pathway outlined under § 54.1-2206.2(2) already allows applicants to substitute job experience for educational requirements, ensuring flexibility while maintaining professional standards. Therefore, maintaining these education requirements should not pose an undue burden

18VAC145-30-70. Examination.

B. I support the removal of the requirement for candidates to submit applications at least 90 days prior to examinations. However, it remains essential that DPOR clearly outlines examination deadlines and procedures to ensure transparency and accessibility for applicants."

18VAC145-30-120. Reinstatement.

The rationale for removing the Board’s ability to require examination or reexamination for reinstatement is not clearly explained in the background documents. Allowing the board the flexibility to require reexamination is important for maintaining integrity of the profession.  If someone was certified and then let their certification lapse due to a change in professions, there is a high likelihood that they have not kept up with current practices of wetland delineation. The PWD exam questions are reevaluated regularly for the same reason, wetland delineation practices and procedures change over time. Allowing the Board flexibility to require reexamination on a case-by-case basis is critical for maintaining professional competency, given the evolving nature of wetland delineation practices.

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

I agree with the commented provided by Wetland watch and other and oppose the proposed removal of Items 7 & 9 from 18VAC145-30-140.  As noted, there is no reasonable justification provided for the proposed removal of these provisions and they are necessary to help maintain the integrity of the certification.