To the Department of Professional and Occupational Regulation Board for Professional Soil Scientists, Wetland Professionals, and Geologists.  2/18/2025

The current Virginia Administrative Code (VAC) regulations have a requirement for a licensed soil scientist that is overly burdensome and does not demonstrably improve the protection of the health, safety, and welfare of the public.  One of the current VAC requirements that provides for general requirements for licensure as a professional soil scientist state, “Achieve an acceptable score on an examination in the principles and practice of soil evaluation”.  According to a Virginia Townhall document, there are 81 professional soil scientists in Virginia as of September 9, 2024.  The overwhelming vast majority of those licensed soil scientists have not taken or passed the current testing requirement.  So, to say that this test serves as protector to health, safety, and welfare of the public is incorrect.  What it does do is serve as a regulatory requirement that is excessive and restrictive to individuals and small businesses who were not grandfathered into licensure over decade ago. 

As a soil scientist who worked for the federal government (U.S. Department of Agriculture-Natural Resources Conservation Service) for 30 years, I served as a technical expert on soil science and provided numerous services and trainings to other federal and state agencies, private landowners, professional organizations, universities, and developed and taught soil science at a community college. 

Now, as the operator of a veteran owned and Virginia certified Small, Women-owned, and Minority-owned (SWaM) small business, I am limited from certain business opportunities because of this testing requirement associated with licensure.  One example of this excessive regulation that restricts my ability to do business in Virginia is associated with Title of Regulation: 9VAC15-60. Small Renewable Energy Projects (Solar) Permit by Rule (amending 9VAC15-60-10 through 9VAC15-60-140).  The regulation states, “The applicant may propose to the department an alternative map of the prime agricultural soils on the site based on a report prepared by a professional soil scientist licensed by the Commonwealth of Virginia. This report shall include records of soil samples and other documentation proving the boundaries of prime agricultural soils on the site that are inconsistent with the Web Soil Survey.”  Even though I have extensive experience and knowledge related to soil survey and prime farmland, the testing requirement for a soil scientist license in Virginia is a regulatory burden that requires time, money and energy for compliance and represents a major hindrance that inhibits job creation and economic growth to my business.  Despite my decades of experience, I am unable to work in this field because of the unfair Virginia licensure testing requirements.

Furthermore, Dr. Lee Daniels of Virginia Tech, a highly respected authority in soil science, testified before this board on March 4, 2024, regarding the excessive and burdensome nature of this examination.

An analysis of the DPOR licensure list reveals that only 10 individuals have been licensed in the past decade, with only four being Virginia residents. This data suggests that the examination's difficulty and cost are deterring qualified professionals from pursuing licensure. Given that a significant portion of current licensees are nearing or past retirement age, this trend poses a major threat to the future availability of qualified licensed soil scientists in Virginia.

Therefore, I respectfully request that the Board for Professional Soil Scientists, Wetland Professionals and Geologists eliminate the current examination requirement for the licensure of professional soil scientists in Virginia.  Should the board lack the authority to do so, I urge the board to advocate for the necessary legislative changes.  The removal of this onerous examination will promote a more efficient and less restrictive regulatory environment, benefiting both the profession and the public.

To maintain public safety while reducing regulatory burdens, I recommend the Board consider alternative pathways to licensure, such as:

• Experience-based licensure: Granting licenses based on a combination of education, years of professional experience, and letters of recommendation from qualified professionals.    

Removing this burdensome testing requirement aligns with Governor Youngkin's Executive Order Number One (2022), streamlines the licensure process, fosters entrepreneurship, and stimulates economic growth with the soil science profession in Virginia.  

Respectfully,

Greg Hammer

Soil Scientist