I am a current a Professional Wetland Delineator (PWD) [# 3402000183] in good standing. I hold a M.S. degree in Environmental Science from Christopher Newport University where my thesis research focused on wetlands creation/ecology in Virginia. Since graduation, I have been employed in the Commonwealth as an Environmental Scientist with most of my job responsibilities focused on the practice of wetland delineation and compliance with state and federal wetland regulations. I am also a certified Professional Wetlands Scientist (PWS) [# 3196] through the Society of Wetland Scientists (SWS) Professional Certification Program.
I strongly support the continued regulation of the Professional Wetland Delineator Certification Regulations [18VAC 145-30]. Furthermore, I believe the PWD regulations should be strengthened and become a mandatory license program.
The JLARC study (Report to the Governor and the General Assembly of Virginia Commonwealth of Virginia: Operations and Performance of the Department of Professional and Occupational Regulation, 2018) asserts that the PWD Certification is unnecessary as there is an equivalent national certification program and this national certification provides the same level of assurance to consumers and the public. While an international wetland scientist certification exists (i.e. the Professional Wetland Scientist), this program is NOT equivalent to the PWD certification and 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. This is supported, in part, by the fact that within the past year I have obtained certification through both programs. Most recently, I became a certified PWD in August 2020, after already being certified as a PWS in March 2020. Many of my colleagues and myself would not have spent the resources pursuing both certifications if they were sustainably similar and/or interchangeable. Below I have provided a summary identifying key differences between the two certifications:
The PWD is focused on certifying the skills of an individual to perform a wetland delineation in accordance with state law through the review of relevant education and experience. Per the Code of Virginia § 54.1-2200, ‘wetland delineation’ is defined as “delineating wetland limits in accordance with prevailing state and federal regulatory guidance and describing wetland types” and the ‘Practice of wetland delineation’ is defined as “the delineation of wetlands by accepted principles and methods including, but not limited to, observation, investigation, and consultation on soil, vegetation, and hydrologic parameters; and preparation of wetland delineations, descriptions, reports and interpretive drawings.” For a PWD, competency in the practice of wetland delineation must also be demonstrated through passing an exam that focuses on concepts specifically related to Virginia wetlands including Hydric Soils, Hydrophytic Vegetation, Wetland Hydrology, Atypical and Problematic Situations, Tidal and Non-tidal concepts, and synthesis of real world application and problem solving. No other national organizations/certifications (including the PWS) certify these specific professional skill and/or competencies. (For additional information see the Association of Wetland Managers review article entitled State "Wetland Delineator Certification Programs")
In contrast, the PWS is an international certification program which can be obtained based on educational and experiential backgrounds in a wide variety of fields/specialties related to the assessment/management of wetlands anywhere in the world. There is no examination and/or test of subject matter competency required to obtain a PWS certification. PWS certification does not require specific knowledge, skill, or experience in the practice of wetland delineation, although some certified PWSs may possess these attributes. As an international certification, a PWS does not need any knowledge of wetland regulations, practices, or delineation methods in the United States in order to be certified.
The SWS Professional Certification Program website states the certification is “broad in scope and is intended to provide international recognition as a practicing professional in wetland science” and describes the qualifying experiences for PWS Certification in their Standing Rules under §18(b):
“…Relevant experience may be gained while working in the private (e.g., consulting, industry, non-profit), public (e.g., local, state, federal government), and/or academic sectors….
Examples of qualifying experience include:
I would strongly encourage BPOR to make a full review and comparison of the PWS certification requirements with the PWD certification requirements prior to providing formal comment on the JLARC report.
Furthermore, the PWS certification is not intended to supersede or replace other certifications. The PWS website specifically states this in their Program Overview: “The Society of Wetland Scientists Professional Certification Program should complement and greatly augment similar national, federal, state, provincial, and local programs.”
As detailed above, the PWS certification does not required demonstrated skills in wetland delineation and no national certification program exists that certify individual competencies in the practice of wetland delineation. Even if one existed, it is unlikely such national certification could provide the required assurances to consumers, as Virginia has state-level wetland programs with unique regulatory requirements. A prime example is the definition of tidal wetlands under VMRC regulations (§ 28.2-1300) which is distinctly different than any other national definition for the determination of jurisdictional wetland boundaries. In addition, the recent (June 2020), federal government changes to its definitions of Waters of the US (including wetlands) have increased differences between Virginia’s regulatory wetland program and federal programs, such that many state regulated wetlands will no longer be considered regulated by the federal government. Therefore, individuals conducting delineations in Virginia need to have a specific understand of the limits of the Virginia’s wetland programs. An accurate wetland delineation is critical in preventing harm, as identifying the limits of wetlands and waters within a site is the foundations of making decisions on avoiding, minimizing, and reducing impacts to these resources. If an inaccurate delineation is provided, significant delays and problems can result in permitting and development, resulting in significant losses. Virginians would be harmed if BPOR does not continue to provide consumers assurances of competencies for the practice of Wetland Delineation under the PWD certification or similar program.
Finally, not only should BPOR continue its PWD regulation program, but I believe it should consider strengthening the regulations and elevating the program to the level of a mandatory license rather than voluntary certification. Suggested changes include:
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 acknowledges the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
-Daniel 'Eli' Wright, PWD, PWS