Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Board for Professional and Occupational Regulation
 
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9/30/20  4:44 pm
Commenter: Karl Mertig, PWD Kimley-Horn

Support for continuation of PWD Certification
 

The knowledge and experience needed to obtain a Virginia Professional Wetland Delineator certification is a demonstration to the public that the practitioner not only has the ability to determine what areas of the Commonwealth possess the three characteristics for meeting the federal definition of wetland areas, but more importantly, possess the understanding of the Virginia Water Resources and Wetlands Protection Program (Chapter 2.2 of Article 3.1 of Title 62.1 of the Code of Virginia) and the Virginia tidal wetlands law found at 28.2-1300 through 28.2-1320 of the Code.  Perhaps most importantly, the program provided for formal review of alleged misconduct or unethical practices by a certified PWD by the Commonwealth and where there is found to be a breach of the code of conduct, a system of penalties for the practitioner.

The Society of Wetland Scientists' Professional Wetland Scientist certification does not require any demonstrated knowledge or understanding of Virginia laws and regulations relating specifically to the identification of, let alone modification of, these features across the Commonwealth.  There is no similar system of conduct review and censure in the Society of Wetland Scientists organization. 

In the 2020 Session, the General Assembly passed and the Governor signed Senate Bill 776 which instructed the Virginia Marine Resources Commission to develop guidelines that will move Virginia towards a program of near prohibition of hardened shorelines and all but requiring the establishment of living shorelines within and adjacent to the inter-tidal and tidal wetlands zones where shoreline erosion exists.  This move will increase the public need for knowledgeable, responsible professionals to assist them with compliance with these evolving regulations.  Local, Virginia-based knowledge and understanding of the laws and regulations that are not covered in any way by the PWS certification. 

It is incongruous to believe that the desire of the General Assembly and Governor would be to on one hand require Virginians to interact more responsibly with the shoreline using science based approaches, the "best available science" as a matter of fact as the legislation states, and on the other, remove the only certification program offering Virginians the assurance that the person they hire to help them has demonstrated their knowledge of Virginia laws and regulations required to do the work in compliance with state and local requirements.

The speed at which the Virginia and local laws and regulations surrounding wetland and coastal resources evolve is additional justification for the continuation of the Virginia Professional Wetlands Delineator certification.  It is the ONLY certification available for wetland professionals to demonstrate to the public that they have the requisite knowledge and understanding of the proper stewardship and use of Virginia's wetland resources in accordance with local, state, and federal requirements.

CommentID: 87121