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

I am currently a Professional Wetland Scientist, and am in the process of applying for my PWD certification.  The PWD is valuable for the field as it has specific competency and knowledge requirements specific for performing wetland delineations in Virginia. These competencies in botany, soil science, hydrology, and federal and Virginia regulations are not required by any other certification, and the two certifications are therefore NOT equivalent. The PWS does not assure competency of wetland delineations, rather, it provides documentation of baseline academic completion and years of experience. Even after receiving my PWS, it took several more years of field experience, guidance from more experienced PWDs, and permitting support to become competent in my field. PWD provides a much greater assurance of expertise, and allows greater opportunity for professional development for delineators, and added protection/assurance for clients that they will receive accurate delineations from experienced delineators.  

Certification of Professional Wetland Delineators is necessary to protect the Commonwealth and its citizens.  Furthermore, the profession satisfies each of 4 criteria identified as being required for an occupation to be regulated (§54.1-100):

1. The unregulated practice of the occupation can harm public health, safety or welfare.

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 who performed the bad 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.

The Association of State Wetland Managers 2007 State Wetland Delineator Certification Programs article describes that “wetland delineations are generally required for dredge and fill permits. An inaccurate delineation can delay a permit application.”

Worse, an inaccurate delineation or poor understanding of Virginia regulations can not only be costly to the permittee, it increases the onus of regulators with limited staff and time increasing permit issuance backlogs.  BPOR is seeking to reduce the overall number of regulations, but removing the professional wetland delineator certification will increase the likelihood that key infrastructure projects are delayed which decrease the attractiveness of Virginia to investors in key sectors like energy, transportation, utilities, and data centers and INCREASES the regulatory burden on permit applicants.

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

The practice of wetland delineation requires technical expertise and knowledge in botany, soil science, hydrology, and federal and state wetland regulatory concepts. No other occupation requires proficiencies in all these areas.

3. The public needs and will benefit from state assurances of competency.

The public needing delineation services require qualified professionals to reduce the risk and harms which can be caused by improper delineation work. There are no other certification programs which can provide assurances of competency in the practice of wetland delineation.  It is recommended that BPOR review the Association of Wetland Managers article entitled State Wetland Delineator Certification Programs prior to providing final comment on the JLARC report.

The JLARC Report asserts that the PWD Certification is unnecessary as there is an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists). The Report states this national certification provides the same level of assurance to consumers and the public. The PWD and PWS certifications are NOT substantially similar 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 is an international certification program.  It can be obtained based on a wide range of educational and/or experiential backgrounds in any specialties related to wetland ecology, management, or regulation. Education and experience can be obtained anywhere in the world and therefore does not require any knowledge of U.S. regulatory frameworks surrounding wetlands. The PWS certification does not require knowledge of wetland communities specific to the Mid-Atlantic or Virginia, does not require experience or education in the practice of wetland delineations, and requires no examination of proficiencies.  I would strongly encourage BPOR to make a full comparative review of the PWS and PWD certification requirements prior to providing final comment on the JLARC report.

4. The public is not protected by other means.

The work performed by a PWD ensures that the work is performed by a person with the proper qualifications, AND that the PWD is bound to perform the work under stringent ethical and professional standards.  There are no other protections for the public from the improper practice of wetland delineation.

In conclusion, the PWD certification is necessary for the Commonwealth of Virginia to protect its citizens from unprofessional delineations, costly errors in development, and to ensure protection of wetland resources. There are no other certification programs that can provide assurances of competency to perform this work.  I hope that DPOR acknowledges the value of the PWD and I recommendation the continued regulation of the Virginia Professional Wetland Delineator Certification.

Thank you for your consideration of these comments. 

Sincerely,

Emily Foster