I 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 professionals performing wetland delineations in Virginia is vital to protect the Commonwealth and its citizens and satisfies the 4 criteria required for an occupation to be regulated (§54.1-100).

It is my understanding that DPOR is considering elimination of the PWD certification based on the findings of a 2018 report which determined that the Society of Wetland Scientist's Professional Wetland Scientist (PWS) certification is equivalent, thus duplicative, of the PWD certification. Specifically, the 2018 report concluded that the PWD certification was unnecessary because the national PWS certification provides the public with assurances of competency in wetland delineation. Because of this reasoning, I will address criterion 4 of §54.1-100 first followed by criteria 1 - 3.

4. The public is not effectively protected by other means.

This is a false assumption when comparing the PWS vs PWD certifications.  An individual can become certified as a PWS and never have performed a wetland delineation leading up to or following becoming certified.  Let alone ever conducted a delineation in Virginia.  The PWD certification process is specific to Virginia and requires an individual to show evidence of performing delineations in Virginia, provide references from other professionals of the individual's qualifications, and pass a rigorous test.  This test has been developed to cover the technical aspects of performing wetland delineations as outlined in the 87 Corps Manual as well as the appropriate Regional Supplements that cover Virginia.  Furthermore, the test includes state specific regulations that governs the identification of regulated aquatic resources, particularly in our tidal environments.  A national level certification cannot possibly be used as the single metric to determine an individual’s ability to accurately and efficiently conduct a wetland delineation in Virginia, where depending on the county you are working changes the approach and data collected while in the field.  A PWS certification is not, in and of itself, adequate to ensure that the public’s interests are effectively protected.

1. The unregulated practice of the profession or occupation can harm or endanger the health, safety or welfare of the public, and the potential for harm is recognizable and not remote or dependent upon tenuous argument.

An individual who has earned a PWD certification, as explained above, has proven that they understand the Federal, Regional, State, and in some cases Local requirements to accurately conduct a wetland delineation.  This ability is critical to protecting the welfare of public by ensuring that development of land in Virginia is done in a way that takes these resources into full consideration.  Wetland delineation, as a practice and profession, evolved out of enactment of the Clean Water Act (Act).  Wetland delineations are an inseparable part of Sections 404 and 401 of the Act, which in general covers the regulation of impacts to waters of the U.S. (including wetlands) and state surface waters. The primary purpose of the Act is to protect and restore the chemical, physical, and biological integrity of our Nation’s waters.  Since the inception of the Act, our knowledge and understanding of the importance of wetlands in protecting water quality, flood attenuation, carbon capture, and as wildlife refugees has dramatically increased.  Virginia has unique presentations of wetlands that a PWD is specifically trained to identify.  Thus, a PWD is uniquely qualified to accurately identify these important resources and has the necessary knowledge to work with regulatory agencies, such as the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality whose role is to ensure that the federal and state laws concerning impacts to wetlands are followed in the course of development within Virginia. This process will culminate in a project that has been developed to ensure that water quality, through avoidance and mitigation of wetland impacts, is minimized thus protecting the welfare of the public.

2. The practice of the profession or occupation has inherent qualities peculiar to it that distinguish it from ordinary work and labor.

In order to perform a wetland delineation an individual must have proficiency in botany, soil science, hydrology, as well as knowledge of federal and state regulations (in many cases). No other occupation requires these proficiencies, and there is not a federal wetland delineator certification or equivalent certification to the PWD that ensures that a professional conducting delineations in Virginia has the knowledge to efficiently, effectively, and accurately identify the limits of wetlands in the state. As knowledge of the importance of wetlands has grown, so too has our understanding that wetland formation is unique to a given area as well as the plants that have adapted to these environments.  As mentioned, in Virginia, one may need to evaluate different parameters from hydric soil characteristics to plant designation of wetland prevalence, when working in neighboring counties.  The PWD certification ensures that an individual possesses the inherent qualities to perform delineations in Virginia.

3. The practice of the profession or occupation requires specialized skill or training and the public needs, and will benefit by, assurances of initial and continuing professional and occupational ability.

The PWD certification ensures that an individual possesses all the required skill and training to conduct accurate wetland delineations in Virginia.  As stated, the PWS certification cannot assure this because to obtain a PWS certification does not require evidence of proficiency and knowledge of conducting delineations in Virginia.  It cannot be stressed enough how critical this is to meet the publics needs by protection of water quality, preventing unnecessary delays and cost in project development, as well as potential legal ramifications if a delineation is not accurate.  The regulated public, individuals and companies doing business in Virginia, are better served and protected by having the PWD certification in place.  The regulatory agencies that have the final authority on the presence or absence of wetlands on a piece of land do not have the resources to fully vet a project that may have taken months to delineate.  These agencies, whose mandate is to protect the interest of the public, rely on delineations performed by others as the first step in ensuring these protected resources are identified and fully evaluated in a land development proposal.  The PWD certification process in Virginia is the only assurance to the public of the competencies of an individual in the practice of wetland delineations within the Commonwealth.

Thank you for your consideration

Brandon Searcey, PWD #3402000101