To DPOR Staff:

I STRONGLY SUPPORT continuing the Certified Professional Wetland Delineators (PWD) Program by the Commonwealth of Virginia's Department of Professional and Occupational Regulation (DPOR).  As intended, this program meets AND achieves the 4 criteria required for an occupation to be regulated (Sec.54.1-100):

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

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

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

4)  The public is not protected by other means.

The PWD Program:

1) Promotes expediency in the regulatory process for projects that involve wetland-related impacts; saving time, money, and resources for property owners, businesses, and government agencies.

2) Reduces excessive costs, needless delays, environmental injury, and legal entanglements.

3) Ensures coherency in Va.'s wetland regulatory program and its interface with Federal wetland-related regulatory programs; and provides a foundation for implementing Virginia's Chesapeake Bay Preservation Act, and a host of local zoning ordinances related to wetland regulatory compliance.

4) Facilitates environmental protection and responsible stewardship by accurately assessing potential impacts of regulated activities.

Length or number of regulations (for the sake of bulk) don't improve the effectiveness of compliance with laws or a regulatory program.  But the focus on regulatory refinements should be more QUALITATIVE rather than QUANTITATIVE; i.e.; improving clarity and reducing redundancy, contradiction, or burdensome requirements not commensurate with benefit.  Merely reducing the NUMBER of regulations does not ensure expediency, but may run counter to the intentions of law and actually INCREASE difficulty of compliance with other regulations.

There is an apparent misconception espoused by the JLARC report (that led to the recommendation for elimination of the PWD program) that this program is duplicative of the Professional Wetland Scientist (PWS) certification program, an international certification associated with the Society of Wetland Scientists.  There are numerous reasons that this is not so (which could run on for paragraphs); but the bottom line:  Similarity does not mean equivalency.

I am currently certified by both programs.  Both are quality programs which require considerable knowledge and experience, but each touches on different facets of the profession.  The Professional Wetland Delineator Program is specifically geared to Virginia.  Virginia has been a leader in working to ensure competency and proficiency in those who assist the public with compliance with wetlands laws and regulator programs.  The Professional Wetland Delineator program has been painstakingly tailored to meet the need for compliance with Virginia's wetland and related environmental regulations, and of such Federal laws and regulations as they are implemented in Virginia.   Though comprehensive, its qualifications are lean and relevant; not padded with flowery academic fluff.

Raising the bar for proficiency of those determining the extent of wetlands on the landscape has been tremendously beneficial for landowners, businesses, the general public, and for agencies tasked with legal and regulatory compliance.  Termination of this program would NOT achieve the perceived purpose in doing so, but rather, would expose ALL parties to monetary, regulatory, and legal liabilities.  Rather than streamlining anything, it would only ensure more cost, delay, and busywork for everyone.

I urge DPOR to recommend continuing the Virginia Professional Wetland Delineator Certification.  Thank you for your consideration of my comments.

W. Michael Lane   (PWD #056, PWS #185)

Lane Environmental Consultants