I am a Professional Wetland Delineator (PWD) [# 3402000183] in good standing. I hold a M.S. degree in Environmental Science from Christopher Newport University (2015) where my thesis research focused on wetland bank creation/ecology in Virginia. Since my graduate work, I have been employed in the Commonwealth as an Environmental Scientist with the majority of my job responsibilities focused on the practice of wetland delineation and compliance with state and federal wetland regulations within Virginia. I have been actively involved with the Board of the Virginia Association of Wetland Professionals (VAWP) since 2018 and I am a current VAWP Executive Officer serving as the Immediate Past President. I am also a certified Professional Wetlands Scientist (PWS) [# 3196] through the Society of Wetland Scientists (SWS) Professional Certification Program.
I strongly support the continued regulation of the Professional Wetland Delineator Certification Regulations [18VAC 145-30] (PWD Regulations). Furthermore, I believe the PWD Regulations should be strengthened to better protect public health and the economic performance of the Commonwealth, and to further minimize impact on small businesses within the Commonwealth.
The PWD Regulations currently focus on certifying the skills of an individual to perform a wetland delineation in accordance with state and federal law through relevant education and/or experience. Per the Code of Virginia § 54.1-2200, ‘wetland delineation’ is de?ned as “delineating wetland limits in accordance with prevailing state and federal regulatory guidance and describing wetland types” and the “Practice of wetland delineation” is de?ned as “the delineation of wetlands by accepted principles and methods including, but not limited to, observation, investigation, and consultation on soil, vegetation, and hydrologic parameters; and preparation of wetland delineations, descriptions, reports and interpretive drawings.”
For a PWD, competency in the practice of wetland delineation must also be demonstrated through passing a written exam that focuses on concepts speci?cally related to Virginia including a deep understating of federal supplements that specifically cover Virginia geography (including Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region [Version 2.0] and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region [Version 2.0]) as well as knowledge of Hydric Soils, Hydrophytic Vegetation, Wetland Hydrology, Atypical and Problematic Situations, Tidal and Non-tidal concepts, and synthesis of real world application and problem solving. No other certification (including the Society of Wetland Scientist Professional Wetland Scientist [PWS] Certification) certify these speci?c and key professional skills and/or competencies in wetland delineations. (For additional information see the 2007 Association of Wetland Managers review article entitled “State Wetland Delineator Certification Programs").
The PWS has previously been incorrectly characterized as an equivalent certification to the Virginia PWD certification (See the 2020 Joint Legislative Audit and Review Commission (JLARC) Report evaluation of the need for continued regulation of the PWD certification [RD690]). The PWS is an international certification program which can be obtained based on educational and experiential backgrounds in a wide variety of ?elds/specialties related to the assessment/management of wetlands anywhere in the world. There is no examination and/or test of subject matter competency required to obtain a PWS certification. PWS certification does not require speci?c knowledge, skill, or experience in the practice of wetland delineation (although some certified PWSs may possess these attributes). As an international certification, a PWS does not need any specialized knowledge of wetland regulations, practices, or delineation methods in the United States in order to be certified. Nor does the PWS require any knowledge of Virginia regulations/policies.
The SWS Professional Certification Program website states the certification is “broad in scope and is intended to provide international recognition as a practicing professional in wetland science” and describes the qualifying experiences for PWS Certification in their Standing Rules under §18(b):
“…Relevant experience may be gained while working in the private (e.g., consulting, industry, non-pro?t), public (e.g., local, state, federal government), and/or academic sectors….
Examples of qualifying experience include:
1. Engaging in research that includes ?eld or laboratory observation, analysis of data, and preparation of a publication for recognized journals and/or published reports to private/public clients,
2. Directing a research project with supervisory responsibility over several technicians,
3. Serving as a leader or assistant leader on wetland-related projects requiring independent judgment and action,
4. Teaching a college course or equivalent in wetlands science,
5. Working as a wetlands specialist, scientist, or manager in the public (local, state, or federal agency) or private (industry, consultant, developer) sector,
6. Directing a state-wide or district-wide wetlands program, conducing wetland restoration projects, wetland program planning, or conducting wetland delineations or evaluations.”
As indicated above there are multiple pathways to obtaining a PWS certification. Most of these pathways do not require specialized knowledge/experience in wetland delineation. Furthermore, the PWS certification is not intended to supersede or replace other certifications. The PWS website speci?cally states this in their Program Overview: “The Society of Wetland Scientists Professional Certification Program should complement and greatly augment similar national, federal, state, provincial, and local programs.”
As detailed above, the PWS certification does not require demonstrated skills in wetland delineation and no national program exists that certifies individual competencies in the practices of wetland delineation. Even if a national program existed in the future, it is unlikely such a certification could provide the required assurances to consumers, as Virginia has a state-level wetland program with unique regulatory requirements. A prime example include the definition of tidal wetlands under VMRC regulations (§ 28.2-1300) which provides a definition of tidal vegetated and non-vegetated wetlands that is distinctly di?erent than any other national definition for the determination of jurisdictional wetland boundaries. In addition, the Virginia Water Protection (VWP) permit program regulates State Surfaces Waters as defined in § 62.1-44.3, which provided a broader definition of regulated wetlands then covered by federal law/regulation, including the Clean Water Act/Water of the US.
In addition, there have been multiple iterations, legal challenges, and court ruling at the federal level in changes to its definitions of Waters of the US (including wetlands) in recent years, including the recent Sackett vs. EPA decision. Each of these changes in federal definitions have highlighted di?erences between Virginia’s regulatory wetland programs and federal programs, such that many states regulated wetlands are not considered regulated features by the federal government.
The importance of trained, professionals in delineating Virigina wetlands and waters has recently been reaffirmed by the establishment of a new Virginia State Waters Delineation Certification Program though the Virginia Department of Environmental Quality (DEQ). This certification recognizes that the PWD certification is critical to assuring reliable and consistent identification of State Surface Waters. Holding a PWD certification is a prerequisite to becoming a Virginia State Waters Delineator (VSWD). A certified PWD provides assurance of minimum competencies required to demonstrate to DEQ that a professional can conduct a State Surface Water Delineation for expedited DEQ by review.
Therefore, individuals conducting delineations in Virginia should have a speci?c and documented understand of the limits of the Virginia’s wetland programs and understand the differences between State Surface Waters (which includes all wetlands) and the current federal definitions of Waters of the US. An accurate wetland delineation is critical in preventing harm, as identifying the limits of wetlands and waters within a site is the foundation in making permit decisions and avoiding, minimizing, and reducing impacts to these resources. If an inaccurate delineation is conducted, signi?cant delays and problems can result in perming and development, resulting in signi?cant economic losses. As part of the VSWD program, DEQ also states that it encourages its VWP Permit staff to obtain the VSWD certification to ensure regulators also have the skills and training to identify state surface waters accurately and consistently. As a PWD certification is a prerequisite for obtaining a VSWD, DEQ therefore acknowledges the value of the PWD certification for its own staff in accurately implementing and enforcing regulations designed to protect State Surface Waters. Virginians would be harmed if the PWD certification does not continue to provide consumers assurances of competencies for the practice of Wetland Delineation under the PWD certification.
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. There are many wetland professionals that are small businesses employees and/or owners. Costs and burdens associated with litigations resulting from wetland delineation work performed by unqualified individuals can result in harm to these small business. Possibly 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.
The establishment of the DEQ VSWD certification program, which relies on and requires a PWD as a prerequisite, allows a certified practitioner to assume professional responsibility for the accuracy of field delineations and that the information submitted to DEQ for review is complete. One benefit of the VSWD certification is that DEQ will prioritize State Surface Water Delineations (SSWD) reviews by a certified individual ahead of other SSWD requests. Per DEQ, “this prioritization acknowledges professional expertise of the VSWD and allows DEQ to rely on the accuracy and completeness of an SSWD. With accurate and complete information, DEQ can approve SSWDs faster, which will also increase the efficiency of VWP permit issuances." Therefore, removing and/or reducing the scope of 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 can also affect 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.
Based on the information outlined above, not only should DPOR continue its PWD certification program, but I believe regulations surrounding delineation in Virginia be strengthened.
Suggestions include:
1. Inclusion of a Continuing Education/training component requirement to ensure PWDs keep up to date on regulatory changes and practices in wetland delineations. The VSWD Certification Program reiterates the needed for a continuing education component to surface water delineation certification in Virginia. The regulations associated with the PWD certification program should be modified to reflect the need for professionals to maintain specialized wetland delineation knowledge of revised/updated regulations and/or practices. A required continuing education is a keystone of many professional certifications/license. Without this component, the regulated public may be subject to PWDs who offer delineation services without knowledge of current regulations/practices, thus introducing potential harm to the regulated public and/or resulting in delays in permit processing. Regulations/guidance defining regulated wetlands/waters change consistently and frequently, thereby necessitating continuing education/training to be a competent wetland delineator.
2. Inclusion of a ?eld practicum and/or verification of previously conducted delineations. This could be accomplished through requiring applicants to submit records detailing that they have successfully conducted wetland delineations in Virginia through the confirmation of linework via a U.S. Army Corps of Engineers (USACE) Jurisdictional Determination and/or a DEQ State Surface Waters Determination (SSWD) to ensure delineation consistent with state and federal regulations AND/OR the inclusion of a field-based component to the PWD examination process. Currently, a PWD can successfully apply to become a PWD without submitting proof that they have prepared a delineation that has been reviewed/approved by any authoritative agency.
3. Establish a committee/review panel to consider the need to elevate the PWD certification to a professional license, rather than a voluntary certification program. Elevating the PWD program to a licensure may be beneficial to further protect the Surface Waters of the Commonwealth while providing economic benefits as outlined in the comments above. A PWD Licensure could provide additional assurances to the regulated public and regulators that information submitted by a PWD can be relied on as complete and accurate. A licensure program could lead to further alleviation in regulatory burdens associated with SSWD reviews and/or application materials, thereby saving time and money of permittees and the Commonwealth, while making Virginia more attractive to economic investment opportunities.
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 perming 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/BPOR to acknowledge the value of the PWD and recommend the continuation and expansion of the Virginia Professional Wetland Delineator program.
Thank you for your consideration of these comments.
-Daniel 'Eli' Wright, PWD, PWS