In regard to the Professional Wetland Delineator (PWD) requirement changes which include the removal of the wetland delineation course requirements, removal of applicable education and degree requirements, less delineation experience, and those who are certified in another state automatically will receive a PWD in Virginia. 

As an active wetland scientist and in my professional opinion, the current requirements necessary for this PWD certification ensure the integrity and quality of wetland delineations by requiring individuals to receive the necessary wetland course training, having a wetland-related background, and state-specific experience. All of these requirements are the building blocks that are imperative prior to sitting for the actual exam. Additionally, these requirements filter and remove non-qualified individuals who would otherwise likely not pass the rigorous exam due to lack of training, as well as experience.

I am in support of maintaining the current qualifications and requirements necessary to obtain a PWD certification.

I am offering comment in support of this regulation.  The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining wetland jurisdictional boundaries. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work. The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

As a holder of a PWD certification, it greatly worries me that it is being considered to reduce the thresholds of qualification for acquiring a PWD. 

The current educational, training, and experiential components of the CPWD regulation are critical to demonstrating the competence of the holder of such a license to perform reliable and consistent identification of State Surface Waters.   Reducing the certification requirements for CPWDs will allow minimally qualified persons to acquire this license, cheapening its value, and ultimately negating its purpose.   Please keep the educational, experience and qualification requirements in their current form to maintain the strength and value of this certification. 

As a wetland science and certified Professional Wetland Delineator, I am in support of retaining the current regulatory framework for the PWD Certification. The applicable degree, applicable semester hours, thorough 32 or 40-hour delineation training, proof of delineations within both the Eastern Mountains and Piedmont and Coastal Plain of Virginia, and references are extremely important items a delineator must be able to provide in order to qualify to sit for the PWD exam. The PWD program was initially put in place to protect the public from incorrect delineations that led to lawsuits, issues with wetland permits, etc. Rolling back the requirements of this certification will lead to the same issues we faced prior to the implementation of the PWD certification. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form. 

The current certification program and regulations are fair and assure only qualified individuals can become certified. The proposed changes would weaken the program and the weight and meaning of the certification, reducing "PWD" to just another acrynm after one's name.

I am a CPWD and support retaining the current regulations surrounding this certification. All the requirements for this certification are necessary for assuring that the delineations are being conducted correctly and consistent with the USACE and DEQ manuals and guidance.  If these requirements are removed it opens up the more risk for incorrect delineations which can lead to project delays and lawsuits and in turn wastes time and funds of government employees. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

This comment is in support of retaining the current professional standards required to obtain a Professional Wetland Delineator credential.  Reducing training, experience, course work and other requirements leads to potentially invalidating the entire program.  The standards were enacted after careful review by a board of scientists.  Do not change them. 

To all Board Members:

Increasing pressure is being exerted to irreparably alter the existing Virginia PWD process and program.  The new Universal License Recognition legislation as being applied in this action is not an answer to ensure fair and appropriate professional licensure and changes to licenses that come with a huge amount of responsibility and liability (i.e., wetland delineation) are not being appreciated nor recognized for the applied science application that has been successful to date without regulatory tinkering. A licensed person from another state (very few of those programs) cannot simply waltz into VA and take up their craft without experience and boots on the ground here. The existing program requirements are not onerous or even contentious. The current educational, training and experiential parts of the PWD regulations are critical to assure reliability to the regulated public, and to remain full consistent with the DEQ's new State Surface Waters requirements that align 100% with the PWD.  The Board must reject these proposed changes to protect professionals who operate in 9 VAC 25-210 and the ever-changing federal Clean Water Act.  The current proposal does NOT reduce risks in proportion to the added existing benefits of a demonstrably successful regulatory licensure system in VA. The proposed action does nothing but reduce quality control and increase risks. I urge you all to reject proposed changes. 

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining wetland jurisdictional boundaries. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work. The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

I strongly disagree with the decision to remove the requirements for PWD. The requirements serve as a crucial foundation, ensuring that individuals delineating wetlands possess the necessary knowledge and skills. Educational requirements not only enhance the accuracy of assessment but also contribute to the integrity of the profession. We must prioritize a well-educated, well trained, and well qualified workforce.

The requirements remove non-qualified individuals who would otherwise likely not pass the rigorous exam due to lack of training and experience. Upholding these standards is essential for minimizing liability and maintaining the integrity of the profession.

I am in support of maintaining the current qualifications and requirements necessary to obtain a PWD certification.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

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, and hydrology, as well as an understanding of Federal and Virginia regulations/methodologies.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the 87 Manual, regional supplements and subsequent guidance documents.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting”, these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions. 

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

In light of the recent changes in federal regulation resulting from Supreme Court Decision in the Sackett Case, the U.S Army Corps of Engineers is limiting its jurisdiction to certain Waters of the U.S.  To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new State Surface Waters Determination (SSWD) certification program, which requires that an SSWD have a PWD certification and a stream identification and assessment certification.  The proposed elimination of key educational requirements threatens to undermine the quality of state delineations and this new VDEQ program designed to capture wetland/stream systems that the federal government can no longer protect.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.

Thaddeus Kraska, PWD, PWS, VSWD

Director of Environmental Services

Townes Site Engineering, PC

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining wetland jurisdictional boundaries. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work. The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

Revisions to the existing prerequisites as set forth in the amended changes would dismantle the purpose of having a PWD program in the first place. If anything, the existing perquisites are subpar. Further, other states have varying degrees of professionalism in this field and knowledge in western or midwestern wetlands does not translate to competence in the mid-Atlantic. States have significant differences in the scope of their regulatory authority. A practitioner must need focus on a geographic area for years to become a competent delineator. Extending imaginary expertise to those working in other regions of the country simply because it is expedient for larger corporations or entities is sure to degrade the quality of the current practice. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work. This will certainly increase in frequency.  The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form or require an even more stringent admission process. 

I am writing to express my concern over the removal/alteration of the current regulatory requirements for the PWD Certification. Specifically, the proposal to remove the educational requirements of the 32-hour wetland delineation course and the semester hours in relevant biological, physical and quantitative science coursework.  This educational background is the foundation of the professional knowledge and development essential for a professional wetland delineator. The PWD certification provides a benefit to the public by setting a high standard for professionalism in this field. Stripping requirements that would ensure a knowledgeable professional would not benefit public agencies or private clients who rely on the expertise of the consultant that they have hired for their project. Please reconsider these proposed changes. 

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining wetland jurisdictional boundaries. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work. The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining wetland jurisdictional boundaries. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work. The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

Additionally, VA DEQ has implemented the VSWD Certification with the prerequisite of being a CPWD to obtain. To remove the education, training, and supervision/references requirements from the CPWD would negatively affect not only the strength of the PWD program but also the VSWD program which relies on it. These certifications and the strength of them, based on the education, training, and supervision/references demonstrating adequate expertise, are honored in expedited processing of stream and wetland permitting state-wide within the DEQ VWP Program. The removal of these requirements would negatively affect both the effective processing of permit requests and the quality of work offered to the development community and citizens of the Commonwealth. 

The existing education, training, and supervision/references requirements for the Professional Wetland Delineator certification were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining wetland jurisdictional boundaries. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work. The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

I believe that reducing the certification requirements for CPWDs would negatively impact the quality of wetland delineations leading to inferior wetland permits, compensatory mitigation, and site development in the Commonwealth. The current certification requirements are the appropriate level of effort to assure reliable and consistent identification of wetland and waters. Any reduction in requirements would be an injustice. 

After reading over the suggested changes to the VA Professional Wetland Delineator (PWD) certification program, I have some concerns.  My biggest concerns are the proposed education and experience requirement changes and removing the requirement that one reference be a certified PWD.  I would hate to see these proposed changes adopted because it would result in watering-down the expertise of people doing wetland work in Virginia.  I do not support any revisions that would make it easier for someone to become a certified PWD and I believe the current education, experience, and professional recommendation requirements should remain.

Thank you.

JJW

I do not support proposed changes to the CPWD regulations. The current educational and experience requirements for PWD certification are necessary to maintain integrity and accuracy of wetland delineation in Virginia.

Reducing education, training, and experiential requirements would negatively affect the quality of delineations, permits, compensatory mitigation, and site development, and would likely lead to delays in these processes. A high level of experience and familiarity with the region is needed now more than ever, to keep up with the constantly changing regulatory environment that we currently face.

The current components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained. A reduction in requirements would ultimately remove the value of this certification.

As a Professional Wetland Scientist, I am in support of retaining the current regulatory framework for the PWD Certification. The existing education, training, and supervision/references requirements were put in place as they are critical to high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries. 

The PWD program was initially put in place to protect the public from incorrect delineations that led to lawsuits, issues with wetland permits, etc. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form. 

Removing these parameters will allow anyone to be able to acquire this certification easily and without much wetland knowledge. This will cause harm to wetlands in Virginia because people are not required to become experts on the topic first. It will cause the certification to be meaningless and unusable because those who will have the certification will not be qualified. Many have worked hard in the past and have become experts in the field to gain this certification and those requirements should not change. 

I am in support of the current PWD program requirements and believe the proposed changes could have an overall negative effect on the industry in Virginia.

Education for a grasp of fundamental concepts, 32-hour training for learning appropriate application of the ‘87 Manual and Regional Supplements, and field experience for honing best professional judgement are the pillars of what constitutes a successful wetland delineator.

Wetland delineation experience does not necessarily transfer between regions, highlighted by the development of the Regional Supplements to the 87’ Manual for specific situations unique to those areas. The exam covers concepts reflecting that, and experience in wetland delineating between regions should not be interpreted as 1:1. Therefore, the PWD certification program should not be subject to Universal License Recognition.

The professional community in Virginia is strong and builds its integrity on the collective knowledge that has been gained through years of experience practicing in the field as well as navigating changes in the regulations and interpretations over jurisdiction of our aquatic resources. Removing the requirement to be endorsed by a current PWD holder and changes to the Standards of Practice and Code of Conduct could further threaten the integrity of the program.

The existing education, experience, and supervision/references requirements put in place as is ensure high quality delineations with proper application of criteria in determining wetland jurisdictional boundaries and should be maintained in the current form. Thank you.

I'm writing to urge you to reject the proposed changes to the PWD certification.  As many others have and will convey, these proposed changes gut the intent and purpose behind the PWD certification.  By removing and/or modifying the training, education, and experience requirements, this opens the door for unqualified individuals to obtain a certification that citizens, localities, and businesses across the Commonwealth have come to rely on for professional, and highly technical, guidance related to wetland and surface water protection.  If these changes were to be made, valuable environmental resources would be at risk of being inaccurately mapped and impacted due to the lack of professional understanding by those that are "certified" to perform the work.

There are very few states that offer this type of certification.  As such, Virginia has been and continues to be a leader within the United States with respect to environmental protection.  Many other states look to Virginia as a model for effective, common-sense regulations that protect environmental resources.  The PWD certification is one of those tools that the State of Virginia has used to protect these resources.  This certification protects unaware citizens, government entities, and businesses, who rely on professionals to provide highly technical services to protect their land and their interests.  The PWD certification communicates to these individuals and companies a level of understanding and professionalism that gives them a peace of mind that they are in good hands and will be protected.

I have personally witnessed uncertified, unskilled "environmental professionals" provide guidance and services that have resulted in impacts to streams and wetlands that could have been avoided had the owner used a professional with a PWD certification.  These mistakes resulted in unnecessary impacts to wetlands and streams, thousands of dollars spent to fix the mistake, and countless hours of time spent by DEQ staff to address the violation and mitigate for it.  By lowering the standards required to obtain the PWD certification, I can guarantee that more of these types of situations will occur.  In addition, it will cause additional strain on the already limited resources of DEQ and the Corps of Engineers.  It is imperative that the current education, training, and experience requirements for PWD certification REMAIN.

I am providing the following comments on behalf of myself as a certified Virginia PWD but also as a Board member of the Virginia Association of Wetland Professionals where I have been serving as the Chair of the Wetland Delineator Certification Committee for the past 21 years.

I strongly disagree with the majority of the proposed changes.  I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that an applicant must show to demonstrate their experience be 3 years, while the current PWD certification requires 4 years of experience.  I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency, but since we are required to be consistent with the ULR legislation’s number of years of experience, I see no recourse other than to change the number of years’ experience required for the PWD certification to lower it from 4 years to 3 years.  However, that is where the changes should end. 

The practice of wetland delineation is a unique discipline that requires expertise in three different fields of science (hydrology, soil science, and botany).  Additionally, it requires extensive knowledge in wetland regulation and wetland law.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive on out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

The existing education, training, and supervision/references requirements were put in place to ensure high quality delineations with proper application of criteria in determining wetland jurisdictional boundaries. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing substandard work. The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

The existing education, training, and supervision/reference requirements were put in place to curb formerly common unscientifically-supportable delineations, subsequent erroneous engineering and design and false sworn public testimony.  The requirements were put in place to ensure high quality and accurate delineations with proper application of scientific criteria for determining wetland boundaries.  The existing PWD program provides the public with a way to identify rigorously trained and qualified professionals to make important decisions that impact public property, private land valuation, wetland restoration and protection, shoreline protection, wildlife habitat, climate resilience and carbon sequestration gains or losses. I support and believe it is crucial to maintain the existing educational, training and experiential components of the CPWD regulation for assuring reliable and consistent identification of State Surface Waters and request that they be maintained in their current form.

To VA DPOR Board and Regulatory Review Committee Members,

As proposed, there is significant risk to the general public in reducing regulations surrounding the Virginia Professional Wetland Delineator certification. While Virginia is one of a handful of states to offer voluntary certification under such a program, the purpose and intent is to provide safeguards to the public who use the services of environmental professionals. The program, again while voluntary, is intended to certify the competency of individuals in the profession by requiring relevant education, 4+ years of active experience, and thorough understanding of state regulation and federal guidance vetted by third-party examination. The current program also requires sign-off by other PWDs for the application. While the risk to the public in terms of health and safety is likely minimal, there is significant risk incurred by persons with financial interests in property or project planning (think VDOT, NAVFAC, etc.) that is in the hands of delineators as part of routine due diligence. If an untrained delineator is doing delineations in unfamiliar territory, wetlands/upland boundaries can be incorrectly flagged resulting in increased or reduced property values and/or project costs. This affects development and progress in the Commonwealth. I personally have experience going behind delineators brought in by firms from other states who could not delineate properly in Virginia due to unfamiliarity with our land and our regulations. This has lead to significant costs incurred by landowners and project proponents who had to spend additional money on project planning or acquisitions that could have been averted by vetting the certifications of individuals.

I am understanding that EO 19 requires reduction of regulation by 25% based on a scoring system as I am working through this process for two other licensing regulations on DPOR committees. I recommend leaving this regulation substantially intact; however, from personal experience I recommend one change.  A supervisor whom is also a PWD should be able to verify work experience AND complete a recommendation which meets the PWD requirements. In its current version, a supervisor cannot verify experience and complete a recommendation form. My experience, due to many years working for small firms, resulted in a delayed ability to apply for PWD certification as I did not work with enough PWDs who knew my experience.

While (somewhat) voluntary in nature, new DEQ requirements resulting from federal Supreme Court decisions affecting federal actions on wetland delineations are now in effect. The DEQ's VSWD certification REQUIRES a individual to have a PWD certification. Due to ongoing flux at the federal level it is more important now than ever for wetland delineators to be vetted to understand the requirements of state and federal law, and provide DEQ to best information possible to ensure success at the state level when it comes to streamlining workflow and process for the agency.

Thank you for your consideration.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high-quality delineations with proper application of criteria in determining wetland jurisdictional boundaries.  The PWD program provides the public needing delineation services with qualified professionals, helping to reduce the risk and harms which can be caused by improper delineation work. Reducing the certification requirements for CPWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances. The 32-hour delineation courses are a staple of a wetland delineator’s development. The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries. The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs. 

I do not support the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD).  The recently approved changes to the Universal License Recognition (ULR) mandates that the number of years of experience that a PWD applicant possess is three years.  Since the number of years of experience has been shortened, it is essential to maintain the education and field experience of the PWD requirements.  A lot goes into performing an accurate delineation.  Our clients are trusting our work.  The current PWD  represents to clients that we have the knowledge and experience to accurately apply the USACE 87 manual, regional supplements and subsequent guidance documents.  I urge DPOR to acknowledge the value of the PWD and recommend the retention of existing educational requirements, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the PWD certification. 

I do not support the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia's Department of Professional and Occupational Regulation (DPOR).  The Universal License Recognition legislation mandates that the number o years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD's competency.  The "years of experience" change should end.  The skills needed to effectively delineate wetlands cannot be gained in three years without additional background education and training. Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.  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.  The integrity of the program is highly dependent on the qualifications of individuals that are certified PWDs.  There are no other certification programs that can provide assurances of competency to perform this work.  I urge the DPOR to acknowledge the value of the PWD and recommend the retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWD's of applicants and of the Virginia Professional Wetland Delineator Certification.  Thank you for your consideration of these comments.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

 In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

 Thank you for your consideration of these comments.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

As a certified Professional Wetland Delineator, I am in unwaivering support of retaining the current regulatory framework for the PWD Certification. The applicable degree, semester hours, thorough 32 or 40-hour delineation training, proof of delineations within both the Eastern Mountains and Piedmont and Coastal Plain of Virginia, and references are extremely important items a wetland delineator must be able to provide in order to qualify to sit for the PWD exam. The PWD program was initially put in place to protect the public from incorrect delineations that led to lawsuits, issues with wetland permits, etc. Rolling back the requirements of this certification will lead to the same issues we faced prior to the implementation of the PWD certification. The current educational, training, and experiential components of the CPWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and should be maintained in their current form. 

The variety of landscapes we encounter require a large base of professional knowledge, experience and exposure which cannot be obtained in 3 years. Because of this, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.

The education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the 1987 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification

I do not support the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  This certification requires proficiency in botany, soil science, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because region specific wetland delineation training classes are widely available throughout the country.

32 to 40 hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions and professional mentorship.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements, and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.

As a Professional Wetland Delineator, I strongly support retaining the current regulatory framework for the PWD Certification. The existing education, training, and supervision/references requirements were put in place as they are crucial to high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries. The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality wetland delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the Virginia PWD certification, there were occurrences of delineations being performed by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with qualified professionals, reducing the risk and harm which can be caused by faulty delineation work.  Reducing the certification requirements for PWDs will negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in Virginia as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of wetlands and waters and should be maintained in their current form.

I stand firmly opposed to the recent proposals by the Virginia Department of Professional and Occupational Regulation (DPOR) to modify the regulations governing Certified Professional Wetland Delineators (PWD). Despite understanding that the Universal License Recognition (ULR) legislation necessitates a three-year experience requirement for PWD applicants, I maintain that this duration is insufficient for acquiring the necessary expertise in this field. This mandatory alignment with ULR's stipulated experience timeframe should be the sole adjustment made.

Virginia boasts a prestigious and longstanding wetland delineator certification, unique in its comprehensive requirements of expertise in botany, soil science, and hydrology, coupled with a thorough knowledge of both Federal and Virginia-specific regulations and legal frameworks. These disciplines are complex and distinct, demanding a diverse skill set to integrate and apply them effectively in daily operations. Such proficiency cannot be cultivated in a mere three years without prior educational and training foundations. With the reduction in required experience years to three, it becomes even more crucial to uphold the prerequisites of a degree in natural or environmental sciences and the completion of a basic wetland delineation training course.

The educational criteria for qualifying for the exam should reflect a foundational understanding of critical aspects for accurate wetland delineation as outlined in the ‘87 Manual, regional supplements, and related guidance documents. These are integral to the Virginia Water Protection Program Regulations, specifically 9VAC25-210-10 and 9VAC25-210-45, hence the current minimum course hour requirements for PWD applicants. A fundamental level of education is essential for correctly identifying field features under normal and unusual conditions.

Beyond undergraduate and associate degrees, which establish a scientific baseline, 32-hour delineation courses are crucial for a wetland delineator’s growth. Offered in regional settings, these courses provide opportunities for practical skill testing, understanding both Routine and Comprehensive delineation methods, and handling challenging field conditions.

The existing requirements for education, training, and supervised experience are vital for ensuring high-quality delineations and correct application of criteria in demarcating jurisdictional wetland boundaries. Before the implementation of PWD certification, Virginia experienced issues with unqualified individuals conducting delineations, leading to permitting problems and legal disputes. The PWD program assures a pool of qualified professionals for delineation services, mitigating the risks and damages from improper delineation.

Lowering the PWD certification standards could adversely affect the quality of delineations, impacting wetland permits, compensatory mitigation, accurate engineering plans, and overall site development in Virginia. The educational, training, and experience components of the PWD regulation, except for the adjusted three-year experience requirement, should remain as they are to ensure reliable and consistent identification of State Surface Waters.

With recent federal changes in wetland regulation, the Virginia Department of Environmental Quality (DEQ) must now assert its jurisdiction over State Surface Waters. The DEQ, constrained by staffing and budget, cannot conduct field jurisdictional determinations, which could severely impact permitting processes in Virginia. To prevent delays, the DEQ introduced the State Surface Waters Delineator certification, requiring the PWD certification and completion of a stream identification class. This new certification ensures a 30-day review under the State’s PEEP system for delineations led by certified individuals, while work by non-certified individuals won't have such assurances. If the PWD certification standards are significantly diluted, as suggested in the NOIRA, it could jeopardize the VSWD certification and impact permitting timelines.

In summary, the PWD certification is vital for Virginia, safeguarding against subpar delineations, preventing development errors, reducing regulatory backlogs, and protecting wetland resources and the state's economy. The program's effectiveness hinges on the credentials of certified PWDs, unmatched by any other certification in assuring competency. I urge the DPOR to recognize the importance of the PWD and to maintain the existing educational standards, including course hours, the 32-hour delineation course, mentorship, and oversight by current PWDs for the Virginia Professional Wetland Delineator Certification.

I appreciate your consideration of these perspectives.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.

The start of this program nearly 2 decades ago put in place a rigorous requirement for testing and experience to ensure competency in understanding the complexities of performing wetland delineations across the widely varying ecosystems in Virginia.  If the requirements for certification are removed, it flies in the face of those individuals who worked hard as gaining the field experience under excellent mentors and passing a difficult test covering multiple scientific topics to obtain certification.  Furthermore, a certification program claiming "professional" status means nothing if a person is certified with little to no experience.  We would not ask our doctors, accountants, surveyors, or any other profession to do the same.  

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.

 I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and 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.

Faulty wetland delineations:

• Have delayed permit processing and issuance (Pre-PWD Cert).
• Have resulted in lawsuits against regulatory authorities (Pre-PWD Cert).
• Would increase workload of permitting agencies, state or otherwise.
• Would increase regulatory burden on/cost to permit applicants, whether general public, municipality or state agency; and hence, delay key infrastructure projects.
• Would decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers.
• May negatively affect the protection of key water resources within the Commonwealth, such as drinking water supplies.
• May negatively impact Eco-tourism.
• Would undermine the newly- established Virginia State Waters Delineator (VSWD)* Certification Program by the Virginia Department of Environmental Quality (VDEQ); which was created to expedite the permitting process.  PWD Certification is the foundation of this program.

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

• Delineation of Wetlands is the critical first step is upholding significant portions of Local, State and Federal Environmental Law and Regulation.
• Delineation of Wetlands is KEY to permitting programs pursuant to such law and regulation.
• Virginia’s PWD Cert is the oldest, active wetland delineator certification in the United States.
• It is the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations:  No other occupation requires these proficiencies.
• There is no federal wetland delineator certification or other 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 provided by PWD Cert.
• State and Federal Regulations differ in many respects, especially in RE recent US Supreme Court Decisions;** therefore, a program designed for application in Virginia is essential to provide the desired efficiencies for the public.

• PWD Cert is the only program which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
• The PWD Cert Program helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule; reducing their permitting burden, undue costs and delays.
• The PWD Cert Program facilitates protection of critical environmental resources as well.

4. The public is not protected by other means.

• There is NO federal wetland delineator certification or equivalent.
• No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia.
• The Society of Wetland Scientists (SWS) international Professional Wetland Scientist (PWS) certification is NOT substantially similar to the Virginia PWD Cert, 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.  The PWS program does NOT require any specific proficiency related to wetland delineation or regulation, or even require knowledge about wetlands in the United States.***

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 DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency.  I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law.  Botany, soil science, and hydrology are in fact disciplines professionals can individually practice.  No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis.  These skills cannot be gained in three years without additional background education and training.  Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations.  This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents.  These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45.  This is why currently there are minimum course hour requirements for PWD applicants.  A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development.  Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries.  Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work.  The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work.  Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole.  The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State.  Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted.  To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class.  Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system.  Delineation work performed by non-certified individuals will receive no assurances of timely permitting review.  The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess.  If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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.  The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs.  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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.

I DO STRONGLY SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

I DO STRONGLY SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  

I DO NOT SUPPORT the proposed changes to the regulations of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).

While I recognize that the recently passed Universal License Recognition legislation mandates that the number of years of experience that a PWD applicant must show to demonstrate their experience be 3 years, I strongly disagree that 3 years of experience is sufficient to demonstrate a PWD’s competency. I see no recourse, since we are required to be consistent with the ULR legislation’s number of years of experience, but that is where the “years of experience” change should end.

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, and hydrology, as well as an extensive understanding of Federal and Virginia regulations/methodologies and law. Botany, soil science, and hydrology are in fact disciplines professionals can individually practice. No other occupation requires such a diverse set of skills to understand the relationship between three distinct fields of study and apply them on a daily basis. These skills cannot be gained in three years without additional background education and training. Now that the number of years of experience required must be reduced to 3 years, it becomes critical that the requirements for a degree in a natural or environmental science remain in place and the requirement for having taken a basic wetland delineation training course be left in the regulations. This should not be viewed as being more restrictive of out of state applicants because college degrees in environmental sciences and wetland delineation training classes are widely available throughout the country.

As such, education requirements to qualify for the exam should showcase the applicants’ base knowledge of the key aspects necessary to accurately conduct wetland delineations in accordance with the ‘87 Manual, regional supplements and subsequent guidance documents. These base requirements are tied to Virginia Water Protection Program Regulations - specifically 9VAC25-210-10 and 9VAC25-210-45. This is why currently there are minimum course hour requirements for PWD applicants. A base level of education should be required to grasp the concepts and correctly identify features in the field under both normal and atypical circumstances.

In addition to undergraduate and associate degrees that provide a base line for scientists, 32-hour delineation courses are a staple of a wetland delineator’s development. Outside of a “work setting,” these courses are typically run in regional settings, allowing students a first

chance to test their skills, get a full grasp of both Routine and Comprehensive delineation methods, as well as exposure to some challenging field conditions.

The existing education, training, and supervision/references requirements were put in place as they are essential to ensure high quality delineations with proper application of criteria in determining jurisdictional wetland boundaries. Prior to the PWD certification, there were occurrences of delineations being performed in Virginia by unqualified individuals, resulting in permitting issues and lawsuits against both the regulatory authorities and the individuals performing delinquent work. The PWD program provides the public needing delineation services with a pool of qualified professionals, helping to reduce the risk and harm which can be caused by improper delineation work. Reducing the certification requirements for PWDs could negatively impact the quality of delineations and ultimately, wetland permits, compensatory mitigation, accurate/true engineering plans, and site development in the Commonwealth as a whole. The current educational, training, and experiential components of the PWD regulation are critical to assuring reliable and consistent identification of State Surface Waters and, with the exception of changing the number of years of experience required to 3 years to be consistent with the ULR legislation, should be maintained to the maximum extent possible in their current form.

Lastly, with recent changes to wetland regulation by the federal government, the Virginia DEQ must now step in and assert its jurisdiction of Surface Waters of the State. Because the DEQ does not have the staff or budget to perform jurisdictional determinations in the field, the permitting of projects in Virginia was going to be very negatively impacted. To allow permitting to proceed without unnecessary delays, the DEQ instituted a new State Surface Waters Delineator certification that requires that an individual obtain the PWD certification and have taken and passed a stream identification class. Individuals who have obtained both are granted the new DEQ certification and delineations led or performed by those VSWD’s are assured 30-day review under the States PEEP system. Delineation work performed by non-certified individuals will receive no assurances of timely permitting review. The VSWD certification was based on the current knowledge, skills, and abilities that PWDs must possess. If the PWD certification requirements are watered down significantly as proposed in the NOIRA, then it could jeopardize the VSWD certification, and permitting timelines in Virginia could be seriously impacted.

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. The integrity of this program is highly dependent on the qualifications of individuals that are certified as PWDs. 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 retention of existing educational requirements for course hours, the 32-hour delineation course, mentorship, and oversight by existing PWDs of applicants and of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments.