I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR). Certification of PWDs is necessary to protect the Commonwealth and its citizens and satisfies the 4 criteria required for an occupation to be regulated (§54.1-100):
Prior to the PWD certification, instances of delineations performed in Virginia by unqualified individuals resulted in permitting issues and lawsuits against both the regulatory authorities and the individuals who performed the 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.
The practice of not accurately identifying wetlands affected the protection of water resources within the Commonwealth, resulting in the unregulated loss of wetlands, thus decreasing water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.
Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations. No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification.
The public needs and will benefit from state assurances of competency because Virginia regulates and requires permits for impacts within wetland and surface water boundaries currently unregulated at the Federal level. The U.S. Army Corps of Engineers does not confirm the boundaries or permit impacts to isolated wetlands or ephemeral streams. There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.
Using a certified PWD reduces the risk and harms which can be caused by improper delineation and poor regulatory applications and helps assure potential Virginia economic investors that their projects can move through the permitting process on schedule. It reduces their permitting burden and reduces undue costs and delays. Accurately identifying wetlands affects the protection of water resources within the Commonwealth, helps mitigate unregulated loss of wetlands, and helps to maintain water quality, effecting the quality of drinking water supplies, and generating revenue from Eco-tourism.
No other certification program provides assurances of competency in the practice of wetland delineation and regulations in Virginia. There is not a federal wetland delineator certification or equivalent. The Society of Wetland Scientists (SWS) international professional wetland scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation. It doesn’t even require knowledge about wetlands in the United States! The SWS Professional Certification Program “recognizes that Professional Wetland Scientists will have an extremely broad range of technical specialties.” The JLARC Report incorrectly 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); that the PWS certification provides the same level of assurance to consumers and the public. It does not. One can receive the PWS designation without ever reading the Army Corps wetland delineation manual or regional supplement, without having performed any wetland delineations, and without familiarity with application of the Clean Water Act or Virginia-specific regulations. The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.
It is recommended that BPOR review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs prior to providing final comment on the JLARC report. 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.
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.
Nathan Greene, PLA
Aquatic Resources Restoration Specialist with Allstar Ecology, LLC