As one of the first Certified Virginia Professional Wetland Delineators in the Commonwealth (No. 4), I strongly SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR).  Certification of PWDs is necessary to protect the Commonwealth and its citizens and satisfies the 4 criteria required for an occupation to be regulated (§54.1-100), as follows:

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

Prior to the development/implementation of the Commonwealth’s PWD certification, there were cases where delineations were performed in Virginia by unqualified individuals resulting in permit issues and lawsuits against both individuals who performed the work and regulatory authorities.  Inaccurate delineations or poor understanding of Virginia regulations can not only be costly to a permittee, it increases the onus on regulators who are plagued with limited staff and time increasing permit issuance backlogs.  Personally, I have been involved in projects that were incorrectly delineated in the past, required comprehensive transects and data collection to accurately delineate disturbed sites, which ultimately saving time and money in permitting costs for commercial and industrial projects across the Commonwealth.

The practice of not accurately identifying wetlands not only affects whether some projects transition from planning to construction but also affects the protection of water resources within the Commonwealth, results in the unregulated loss of wetlands and streams, adversely affecting water quality, effecting the quality of drinking water supplies, and negatively impacting Eco-tourism.

Removing 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 transportation, energy, utilities, and data centers and logistic distribution centers and INCREASES the regulatory burden on permit applicants.  In addition to infrastructure projects, this would also adversely affect hundreds of commercial, residential, and industrial projects across the Commonwealth with budgets that cannot bear the stress associated with increased time, correction and additional regulatory review.

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

Virginia has the oldest, active wetland delineator certification in the United States and the only such certification that requires proficiency in botany, soil science, hydrology, and federal and Virginia regulations.  No other occupation requires proficiency in a complex interdisciplinary field that can vary with time, season, climate, physiographic province and topography.

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

With laws and regulations constantly changing, manuals, supplements and guidance documents used to determine wetland and stream limits, points to this certification program’s necessity.  On June 22, 2020, the Federal Government revised regulations that determine which Waters of the US (WOTUS), including wetlands, are regulated.  These regulations are such that wetlands and waters now regulated by the Federal Government are, in many cases, different than what the Commonwealth of Virginia regulates.  For instance, the U.S. Army Corps of Engineers does not confirm isolated wetland or ephemeral stream boundaries or permit impacts to these unique systems.  There are no certification programs aside from the PWD which can provide assurances of competency in the practice of wetland delineation and regulatory interpretation and permitting in Virginia.  During my 20-year career, I have been involved with countless projects where the need for detailed vegetative analysis, employment of transects and advance hydric soil identifications are required.  A certified PWD ensures that potential Virginia economic investors are receiving the most accurate delineations to meet planning, design and permitting needs to assure that their projects can move through the permitting process on schedule.  

4. The public is not protected by other means.

There is not a federal wetland delineator certification or equivalent to the PWD.  The JLARC Report incorrectly asserts that the PWD certification is unnecessary due to the mere presence of the SWS Professional Wetland Scientist [PWS] certification and that the PWS certification provides the same level of assurance to consumers and the public.  It simply does not.  The Society of Wetland Scientists (SWS) international professional wetland scientist (PWS) certification does not require any specific proficiency related to wetland delineation or regulation.  The SWS certification Program specifically states that it, "[Serves] the public's need to identify qualified individuals to assess and manage wetland resources around the world.  This program is intended to meet the needs of professional ecologists, hydrologists, soil scientists, educators, agency professionals, consultants, and others who practice wetland science."

One can receive the PWS designation without ever reading the 1987 Army Corps wetland delineation manual or more recent regional supplement(s).  In addition, a PWS can be obtained without familiarity with application of the Clean Water Act, never mind Virginia-specific laws, regulations and guidance.  One can obtain a PWS simply by studying aspects of wetland ecology, spend years researching C4 wetland plants and never delineate a wetland boundary– whereas a PWD is focused 100% on the skills needed to perform a wetlands delineation!  The application for a PWS does not require submittal of one’s competence as a wetland delineator and/or any field experience (i.e. submittal of delineation reports/confirmations) demonstrating expertise as a field wetland delineator nor an exam to test one's knowledge of the Virginia Marine Resource Commission's (VMRC) tidal jurisdiction limits.

The PWS certification does not provide the Virginia regulated public assurance that their project will receive an accurate delineation or be guided through the Virginia and Federal regulatory process appropriately because they are not a requirement to receive the PWS designation.

In conclusion, the PWD is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoiding costly errors in development, and ensuring protection of wetland resources and the economy of the Commonwealth.  As others have similarly stated DPOR should make the PWD a requirement for anyone practicing wetland delineations in the Commonwealth of Virginia - just like it has for other professional certifications such as Professional Engineers, Professional Geologists, Licensed Surveyors, etc.  The growing complexity of this professional practice, coupled with continual regulatory change, necessitates a mandatory PWD program with continuing education requirements.

 Thank you for your consideration of these comments. 

Thaddeus J. Kraska, PWD, PWS

Associate – Senior Environmental Scientist

Townes Site Engineering, PC