Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Board for Professional Soil Scientists, Wetland Professionals, and Geologists
 
chapter
Regulations Governing Certified Professional Wetland Delineators [18 VAC 145 ‑ 30]
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8/21/23  11:04 am
Commenter: Robert Kerr

Strong support for the continuation of VCPWD Certification
 

Virginia has the oldest, active wetland delineator certification in the USA and the only such certification that requires proficiency in botany, soils science, hydrology and federal and Virginia regulations.  This occupation is interdisciplinary and as such no other occupation requires these proficiencies and there is not a federal wetland delin. certification or equivalent.   While the US Army Corps had a certification program, it ceased many years ago and the Corps has indicated they do not have the funding to reinitiate this program.

The recent Sackett Supreme Court Case (May 2023) has reduced federal jurisdiction of wetlands, making Virginia's program more important, and thus a separate state certification more relevant and important. Additionally, the Virginia DEQ is now implementing, as a consequence of the Sackett case, a State Surface Waters Delineation program, and requires certified wetland delineator as a prerequisite.  As such the wetland certification is a literal building block to other state recognized proficiencies.  This new program is a direct result of the Sackett Case, illustrating the success of the Virginia Certified Wetland Delineator program.

I have seen first hand, and have worked on resolving violations in Virginia that result, in part, on faulty delineations by those not certififed.  Other poorly performed delineations, if not caught by regulatory agencies harm Virginia's natural resources and generate an interest by some to avoid doing a delineation correctly.   Poorly performed delineations can also add additional delays and costs to unsuspecting applicants who rely on those persons that are not adequately trained and certified, only to learn of the deficiencies when a federal or state agency staff identifies errors in the field. revising a delineation normally also requires new surveying and engineering thus adding considerable cost, delay and risk to applicant and end users (home buyers, industrial users, and for public projects, tax dollar loss and public benefits delayed). 

No other certification program provides assurance of the competency in the practice of wetland delineation and regulations in Virginia.  Universities and Colleges do not teach a comprehensive program aimed at this unique profession. I have hired well over 100 people, and know the time and expense needed to properly train personnel to perform this service well, which often takes years of training and experience, even after these employees graduate from many of Virginia's finest institutions, as well as other universities.  The Society of Wetland Professionals, while providing a Certification for Professional Wetland Scientists, does not focus its certification on the regulatory program and regulatory requirements of a wetland delineation to be relied on under both the Federal Clean Water Act and the Virginia Water Protection Program (VWPP).  I know this because I am a "Senior Professional Wetland Scientist" via the SWS, which requires being certified for over 10 years.

In short, if beauticians need to be tested and licensed in Virginia, then the craft of wetland delineation; which is tied to both state and federal regulations, independent review by both federal and state regulators and constantly evolving science, requires a State certification program.

Should this program be jeopardized by its potential removal from state certification, I ask for a public hearing and would testify in favor of continuing this program.

 

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