Virginia Regulatory Town Hall View Comments

Department of Professional and Occupational Regulation

Board for Professional Soil Scientists, Wetland Professionals, and Geologists

Regulations Governing Certified Professional Wetland Delineators [18 VAC 145 ‑ 30]

Action	General Review of Regulations Governing Certified Professional Wetland Delineators
Stage	Proposed
Comment Period	Ended on 2/28/2025

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2/26/25 9:47 am

Commenter: Michael Rolband, Virginia Department of Environmental Quality

Proposed Reg. Changes to 18VAC145-30 et seq. Governing Certified Professional Wetland Delineators

February 26, 2025

Director Kathleen R. Nosbisch (via email at soilscientist@dpor.virginia.gov)

Board of Professional Soil Scientists, Wetland Professionals, and Geologists

9960 Mayland Drive, Suite 400

Henrico, VA 23233

Submitted online to the Virginia Regulatory Town Hall at:

https://townhall.virginia.gov/L/entercomment.cfm?stageid=10507

RE: Proposed Regulation Changes to 18VAC145-30 et seq. Regulations Governing

Certified Professional Wetland Delineators

Dear Director Nosbisch,

The Department of Environmental Quality (DEQ) recognizes and supports with the Department of Professional and Occupational Regulation’s (DPOR’s) actions to comply with Governor Youngkin’s Executive Directive Number One (2022). The Regulations Governing Certified Professional Wetland Delineators (18VAC145-30 et seq.) establishes rules for individuals who practice as a wetland delineator by providing a voluntary Professional Wetland Delineator (PWD) certification from DPOR as evidence of qualifications to engage in this occupation.

DEQ relies upon DPOR’s PWD certification for our Virginia Surface Water Delineation (VSWD) Program. As outlined in DEQ’s August 21, 2023 comment letter (Attached) on the 2023 Periodic Review of this regulation, the PWD serves a critical role in the state permitting process, certification of PWDs is necessary to protect the Commonwealth and its citizens. DEQ reviewed the currently proposed regulatory changes to 18VAC145-30 et seq. as published in the Virginia Register of Regulations, Volume 41, Issue 10 (30 December 2024), and offers the following observations and recommendations:

DEQ supports repealing language that is duplicative of statute language;
DEQ supports revising language with editorial improvements to provide clarity to applicants and the public;
DEQ supports strengthening the experience requirement in nontidal wetlands for those seeking certification based on inspection, review, or confirmation of wetland delineations (emphasis added);
DEQ recommends retaining a minimum number of hours in biological, physical, and quantitative sciences, from either an undergraduate or graduate degree or a combination of both. Having a clear and consistent metric benefits both the applicant and the regulated community;
DEQ strongly recommends retaining the requirement to sign and date plans, drawings, and documents prepared by or under the direction of a certificate holder. Signing plans, drawings, and documents signifies to the public that the work has been prepared by a qualified individual within the certification program’s standards. DEQ believes that without signing and dating plans, drawings, and documents, the integrity of the certification program is decreased, and enforcement of the standards of practice and conduct will be difficult. It also plays a crucial role in DEQ’s ongoing efforts to streamline wetland delineation and permitting processes, which is a key priority of this administration, by leveraging the expertise of trained and certified professionals to minimize regulatory burdens and delays for the citizens of our commonwealth.

Thank you for considering these comments on the proposed regulatory changes to 18VAC145-30 et seq. Should you have any questions concerning our observations and recommendations, please contact Dave Davis (804-698-4105; Dave.Davis@deq.virginia.gov) or me.

Sincerely,

Michael S. Rolband, PE, PWD, PWS Emeritus

Director, Virginia Department of Environmental Quality

(804) 698-4020

Michael.Rolband@deq.virginia.gov

P.O. Box 1105

Richmond, Virginia 23218-1105

Attachment: DEQ Comments dated August 21, 2023 - Periodic Review - 18 VAC 145-30 -

Regulations Governing Certified Professional Wetland Delineators

CC: (via email)

Dave Davis, DEQ Office of Wetlands & Stream Protection (Dave.Davis@deq.virginia.gov)

Melanie Davenport, DEQ Director of Cross Media Programs (Melanie.Davenport@deq.virginia.gov)

Trisha Beasley, DEQ Director of Operations (Trisha.Beasley@deq.virginia.gov)

CommentID: 232992