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.