Support for Continued Regulation of Professional Wetland Delineators

I am writing in support of the continued regulation of Certified Professional Wetland Delineators by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).

The certification of PWDs ensures that taxpayers and businesses in Virginia are having work performed by experienced and professional wetland delineators.  Without these assurances, dollars and jobs are in jeopardy because of poor work performance.

It appears that the JLARC study based its recommendation to remove this certification on poor assumptions about other licenses, particularly that of the Society of Wetlands Professionals’ designation of a Professional Wetlands Scientist (PWS).  A quick review of the PWS credentials shows that a person can receive this certification without ever having performed a wetlands delineation.  The presence of that certification on someone’s resume does not provide assurance that they have an understanding of delineations or the regulations pertaining to delineations, particularly in Virginia.

It is especially important that Virginia regulates its wetland delineators because of laws and regulations that are specific to the Commonwealth.  The EPA and the Corps of Engineers have developed manuals and regulations that can be used nationwide, but Virginia regulates wetlands in more specific ways than the nationwide rules.  For example, the EPA does not regulate water that is considered isolated from traditionally navigable waterways, and the Corps considers these isolated ponds and streams as non-jurisdictional.  However, the Virginia Department of Environmental Quality considers these areas to be important environmental habitats that are subject to regulation if they are altered.

A PWS who studied in a different region of the United States would not be familiar with these nuances, and a wetlands delineation performed by someone who had not studied Virginia law would be useless.

I am a Professional Wetland Delineator, certified by the Commonwealth of Virginia since 2005.  I am a member of the Virginia Association of Wetlands Professionals.  I am not a member of the Society of Wetlands Professionals, and am therefore ineligible to be certified as a PWS.  The PWS certification also requires one to have a college degree, which could eliminate experienced practitioners from consideration.

A Virginia certified PWD has had relevant course work, has submitted approved delineations to the Corps of Engineers, has worked with the Corps in the field to confirm their delineations, and has passed a written exam that demonstrates proficiency in four separate wetland areas of expertise – botany, soil science, hydrology, and Virginia regulations.  The PWS certification does not demonstrate this well-rounded education and competency.

In conclusion, the presence of the PWD certification is necessary in Virginia, to protect its citizens from poor wetlands science, poor delineations, and costly errors in construction and development. Other programs do not offer the skills and competency necessary to perform this work.  My employer depends upon the certainty offered by those who are certified as Delineators.

Mark D. Williams, PWD

Virginia Certified Professional Wetland Delineator #3402000011