Support for Continued Regulation of Professional Wetlands Delineators

I am a Professional Engineer (PE), Professional Wetlands Scientist (PWS) Emeritus, and a Professional Wetland Delineator (PWD) – and thus have intimate knowledge of these regulatory programs.

I strongly support the continued regulation by the Commonwealth of Virginia of Professional Wetland Scientists for four significant reasons:

1. The JLARC study based its decision on factually incorrect information – a (PWS) certification is not like a PWD Certification.  A PWS can be obtained by people solely based on references and education in all sorts of areas related to wetlands ecology – whereas a PWD is focused 100% on the skills needed to perform a wetlands delineation.  A PWS does not even need to have such skills.
2. There was a demonstration phase of a national program, run by the US Army Corps of Engineers, that was similar and could have replaced the need for a PWD – it was never funded past the pilot stage by Congress. (I was certified in that program).  Of the 1,639 people who took this 2-part test (written and field practicum) – only 38% passed – showing you how valuable a certification program is for PWDs.  [See: https://www.govinfo.gov/content/pkg/FR-1995-03-14/html/95-5873.htm  or:  Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995) Pages 13654-13662]. Because this national program never proceeded past the Demonstration Phase, and the data showed that there is a significant need to ensure that this work is accomplished by qualified people (as the majority of people tested were not qualified to undertake wetlands delineations) – the Commonwealth created a statewide program. 
3. The continued changing laws, regulations and manuals used to determine what a wetlands area is, and which are regulated – again points to a need to have this certification program. It also demonstrates that its rigor should be increased with continuing education requirements.
4. Recently (June 22, 2020), the Federal Government changed its regulations that determine which Waters of the US (WOTUS), which include wetlands, are regulated by the Federal Government.  These regulations are such that now wetlands and waters regulated by the Federal Government will, in many cases, be different than what the Commonwealth of Virginia regulates. Therefor no national level certification program could capture the specific needs of the citizens of our Commonwealth.

In conclusion - DPOR needs to make a PWD a requirement for anyone practicing wetlands delineation in the Commonwealth of Virginia, just like it has for other professional certifications such as PE’s.  The growing complexity of this professional practice, coupled with continual regulatory change, simply begs for a mandatory PWD program with continuing education requirements.

Sincerely,

Mike Rolband, PE, PWD, PWS Emeritus

mrolband@wetlands.com