[From the U.S. Government Printing Office, www.gpo.gov]



                                                                   Task 35


                                                                   Final Product


                   A REGIONAL WETLANDS POLICY PLAN
                          FOR THE CRATER REGION





                                                 El













          THIS REPORT WAS FUNDED, IN PART BY THE VIRGINIA COUNCIL ON THE
          ENVIRONMENT'S COASTAL RESOURES MANAGEMENT PROGRAM
          THROUGH GRANT #NA90AA-H-CZ796 OF THE NATIONAL OCEANIC AND
          ATMOSPHERIC ADMINISTRATION UNDER THE COASTAL ZONE
          MANAGEMENT ACT OF 1972 AS AMENDED.

















                          PREPARED BY THE STAFF OF THE
                      CRATER PLANNING DISTRICT COMMISSION


                                SEPTEMBER, 1991










                                   TABLE OF CONTENTS




                                                                 Page

           1.   INTRODUCTION



           11.  BACKGROUND                                          2



           Ill. STATUS AND TRENDS IN WETLANDS                     10


           IV.  REGULATION OF WETLANDS                            13

                   Federal Regulatory, Background                 13
                   Virginia Regulatory Background                 18


           V.   RECOMMENDED WETLANDS POLICY DIRECTIONS            21



                APPENDICES

                Chesapeake Bay Wetlands Policy Agreement
                   Commitment Report, December 1988
                Chesapeake Bay Wetlands Policy Implementation Plan,
                   December 1990










              1.    INTRODUCTION


                    The purpose of the draft Regional Wetlands Policy Plan for the Region's
              "Tidewater communities" which consist of the Cities of Colonial Heights, Hopewell,
              and Petersburg; the Counties of Chesterfield, Prince George and Surry; and the

              Towns of Claremont and Surry, is twofold:

                       Present a solid background concerning issues surrounding wetlands, as well
              as a current discussion of the "no net loss" policy, from a national perspective and

              from a Chesapeake Bay Program viewpoint.

                    -  Present policy directions that would be appropriate for consideration by

              the Crater Region's "Tidewater communities" in regard to wetlands.

                    Once the issue surrounding the definition of wetlands has been resolved, this

              draft Regional Wetlands Policy Plan can be formalized.










                      BACKGROUND


                      The collection of wet environments occuri.ng on the landscape in Virginia and
               elsewhere are called "wetlands". They include tidal marshes and mudflats along the

               coast and freshwater marshes and swamps, bottomland hardwood forests, wet

               meadows, ponds, and bogs f u rther i n land.

                      In the past, wetlands were generally viewed as wastelands-places infested
               with mosquitoes, biting flies and poisonous snakes-and having little real or
               economic value. Largely because of this negative view, wetlands were regarded as

               potential sites for development, or as convenient sites for waste disposal. In

               agricultural areas, many wetlands were drained, cleared, and put into crop

               production, while in urban areas, other wetlands were f illed for houses, industrial

               facilities, office buildings and sanitary landfills. Consequently, today, less than half

               of America's original wetlands remain.
                      During the past thirty years, our knowledge about wetlands and their natural
               values has greatly increased. We now know that wetlands are important natural

               resources that provide numerous benefits to our society. First, wetlands are the vital
               habitats for many plants and animals. in fact, the majority of our threatened and
               endangered plant species and many endangered animals depend on wetlands for
               survival. Wetlands also provide more direct values to people in many ways, such as
               improving water quality, reducing flood and storm damages, minimizing erosion of
               upland, and supporting to  urism and the hunting and fishing industries. Because

               wetlands are important to people, the federal government is regulating various uses
               of wetlands. Most states have enacted laws to regulate specific uses of certain types
               of wetlands. Despite these controls, wetlands, like other natural areas, remain
               under increasing pressure for development as our population increases.






                                                          2








                             Schematic Diagram Showing Wetlands, Deepwater Habitats, and
                                                   Uplands on the Landscape



                                                                                                    UPLAND



                                                                                   UPLAND
                       UPLAND







                                                                                                     -WATER TABLE
                                   ..@IGH WATER                        MGH-    R                  GROUNDWATER
                                   LOW)WA_iFR                      LOW WATE            STREAM      DISCHARGE
                    WATER   LE              WATER TABLE      6.6 Fqp@;-@
                                                                    RIVER





                                                                   --v
                              DEPRESSIONAL )XTTLAND    OVERFLOW DEEPWATER OVERFLOW      SEEPAGE %YMAND
                                                       WETLAND     HABITAT  WETLAND       ON SLOPE



                                                        WETLAND TYPES
                         Wetlandsare largely semi-aquatic lands that are flooded forvarying periods

                 of time during the growing season. When not flooded, wetland soils are often
                 saturated near the land surface. Wetlands include areas commonly called marshes,

                 swamps, and bogs, as well as the shallow water zones of rivers, lakes, and ponds.

                 The presence of water in these areas creates environmental conditions that affect
                 the types of soils that develop and the types of plants and animals living there. In
                 general, wetlands are def ined by the predominance of " hydrophytes" (plants
                 adapted for life in wet soils), the presence of "hydric soils" (saturated or periodically
                 flooded soils), and "wetland hydrology" (the driving force creating wetlands). A
                 variety of wetland types exist throughout Virginia due to differences in climate, soil,
                 hydrology, salinity, vegetation, and other factors. Two general types of wetlands
                 are recognized: (1) coastal wetlands and (2) inland wetlands. Coastal wetlands
                 consist mainly of tidal marshes and mudflats that are periodically flooded by salt or
                 brackish water. As their name suggests, coastal wetlands are found in the Coastal
                                                                  k"". 2WAR
                                       W TE                 IN
                         TAB


























































                                                                 3









              Zone along tidal rivers and saltwater embayments. By contrast, inland wetlands are
              freshwater marshes, swamps, and bogs that are largely non-tidal (not affected by
              ocean-driven tides). They usually occur on floodplains along rivers and streams,
              along the margins of lakes and po nds, and in isolated depressions in the upland.

              Yet, some freshwater wetlands occur in the freshwater portions of tidal coastal

              rivers. Wetlands are further characterized by their dominant vegetation as: (1)

              emergent wetlands (commonly called marshes and wet meadows) dominated by
              grasses, sedges, and other herbaceous (non-woody) plants, (2) shrub wetlands
              (including shrub swamps and bogs) represented by low to medium-height (less than
              20 feet tall) woody plants, and (3) forested wetlands (largely wooded swamps and
              bottomland hardwood forests) dominated by trees (greater than 20 feet tall).


                    Coastal Wetlands

                    Coastal marshes are the dominant type of coastal wetlands. They are largely
              grasslands flooded by salt or brackish tidal water. Salt-tolerant grasses, including
              smooth corclgrass, salt hay grass, giant corclgrass, and switchgrass, generally
              dominate these wetlands. Other herbaceous plants, such as black needlerush, three-

              squares, narrow-leaved cattail., and. rose mallow, may also be abundant, especially in

              brackish water areas. Coastal marshes can be divided into two zones based on

              elevation and flooding frequency: (1) low marsh-flooded at least once a day and
              (2) high marsh-flooded less than daily. Most of the coastal marshes in Virginia are
              high marshes associated with the Chesapeake Bay and its tributaries. Other coastal
              wetlands are represented by nonvegetated tidal flats and by shrub wetlands
              dominated by high-tide bush and groundsel tree.


                    Inland Wetlands

                    Virginia inland wetlands are mostly non-tidal (above tidal influence). Three

              types are most common: (1) emergent wetlands, (2) shrub wetlands, and









               (3) forested wetlands. Forested wetlands are, by far, the most common type. Red
               maple, silver maple, black gum, willow oak, green ash, pin oak, and sweet gum are
               among the common trees in forested wetlands. Bald cypress is most abundant in
               southeastern Virginia. Common shrubs include buttonbush, swamp rose, alders,
               willows, and silky dogwood.,- Meadowsweet and leatherleaf are more typical of
               shrub swamps at higher elevations. Emergent wetlands are dominated by a number
               of herbaceous plants including broad-leaved cattail, bluejoint g   rass, reed canary
               grass.- soft rush, wool grass, sedges, smartweeds, and certain asters and goldenrods.


                                                VALUE OF WETLANDS

                      Wetlands in Virginia are important natural resources not only to local

               residents, but also to others living outside of the State who consume or utilize

               products produced in Virginia. At the center of Virginia's concern is the Chesapeake
               Bay-the nation's largest estuary and a national treasure. Wetlands are vital to the

               well-being of the Bay and its living resources.

                      In their natural condition, wetlands provide many benefits, including: (1)
               fish and wildlife habitat, (2) aquatic productivity, (3) water quality improvement, (4)
               flood damage protection, (5) erosion    Control, (6) natural products for human use,
               and (7) opportunities for recreation and aesthetic appreciation. Each wetland works
               in combination with other wetlands as part of a complex, integrated system that
               delivers these benefits and others to society. An assessment of the value of a

               particular wetland must take this critical interrelationship into account.

                      Fish and Wildlife Habitat

                      Wetlands are required by many types of animals and plants for survival. For

               many, like the wood duck and muskrat, or cattail and swamp rose, wetlands are their

               primary homes or habitats-the only places they can live. For other animals, such as









              striped bass or white-tailed deer, wetlands provide food, water, or cover that are

              important to their well-being, but wetlands are not their primary residences. Itis
              interesting to note that the majority of rare and endangered plants in many states

              depend on wetlands for survival.

                     Coastal wetlands are particularly important habitats for estuarine and marine

              f ishes and shellfish, various waterfowl, shorebirds and wading birds, and several

              mammals. Most commercial and game fishes use coastal marshes and estuaries as
              nursery or spawning grounds. Menhaden, bluefish, flounder, sea trout, spot, mullet,
              croaker, and striped bass are among the more familiar fishes that depend on coastal

              wetlands. In fact, Chesapeake Bay is the, major spawning and nursery grounds for
              striped bass on the East Coast. Blue crabs, the prized shellfish of the Bay, also

              depend on coastal marshes, as do other shellfish such as oysters, clams, and shrimp.

                     Inland wetlands are also valuable fish and wildlife habitats. Mostfreshwater

              fishes feed in wetlands or upon wetland-produced food and use wetlands as nursery
              grounds. Interestingly enough, almost all important recreational fishes spawn in the

              aquatic portions of wetlands. A variety of birdlife is also associated with inland
              wetlands. Ducks, geese, redwinged blackbirds, and a large number of songbirds
              feed, nest and raise their young in these wetlands. Muskrat and beaver are the most
              familiar wetland mammals. White-tailed deer (a traditional upland game mammal)

              use wetlands for food and shelter, especially evergreen forested wetlands in winter.

                     Aquatic Productivity

                     Wetlands are among the most productive natural ecosystems in the world and
              certain types of wetlands may be the highest, rivaling our best cornfields. Wetlands
              can be regarded as the farmlands of the aquatic environment since great volumes of
              food (plant material) are produced by them annually. Although direct grazing of
              most wetland plants is generally limited, their major food value comes from dead




                                                        6









              leaves and stems that break down in the water to form small particles of organic

              material called "cletritus". This enriched cletritus serves as.the principal food for

              many small aquatic invertebrates and forage fishes that are food for larger
              predatory fishes, such as bluefish and striped bass. These larger fishes are, in turn,
              co nsumed by people. Thus, wetlands provide an important source of food for

              people as well as for aquatic animals..


                        Mid-Atlantic Coastal Marshes Annuall Produce Over One Million
                            Tons of Organic Material (Detritus@that Supports Fish and
                                          Shellfish Important to People




                               CmW Wedaid P%m
                                           E tuarine Waten                           tom,











                     WatOr Quality Improvement

                     One of the most important values of wetlands is their ability to help maintain

              good water quality in. our nation's rivers and other bodies of water, and to improve

              degraded waters. Wetlands do this in several ways: (1) removing and retaining
              nutrients, (2) processing chemical and organic wastes, and (3) reducing sediment
              loads to receiving waters. Wetlands are particularly good water filters. Due to their

              position between upland and deep water, wetlands can both intercept surface-
              water runoff from land before it reaches open water and help filter nutrients,

              wastes, and sediment from flooding waters. This function is important in both
              urban and agricultural areas. The future of the Chesapeake Bay depends on
                        LC-14 We*r.









              restoring good water quality, and protecting wetlands within the Bay's watershed is



                                                       7









               vital to this effort. Clean waters are important to people as well as to aquatic and
               other wildlife.

                      Flood Damage Protection

                      Wetlands have often been referred to as natural sponges that absorb flooding
               waters, yet they actually function more like natural tubs, storing flood waters that

               overflow riverbanks or surface water that collects in isolated depressions. By

               temporarily storing flood waters, wetlands help protect adjacent and downstream
               property owners f rom flood damage. Trees and other wetland plants help slow the

               speed of flood waters. This action combined with water storage allow wetlands to
               lower flood heights and reduce the water's erosive potential. Wetlands in and

               upstream of urban areas are especially valuable for flood protection, since urban

               development increases the rate and volume of surface-water runoff, thereby

               increasing the risk of flood damage. In agricultural areas, wetlands help to reduce
               the likelihood of flood damage to crops.

                      Erosion Control

                      Wetlands are often located between rivers and high ground and are,
               therefore, in a good position to buffer the land against erosion. Wetland plants are
               most important in this regard, since they increase the durability of the sediment
               through binding soil with their roots, dampen wave action by friction, and reduce

               current velocity through friction. The planting of wetland vegetation to control

               shoreline erosion in coastal environments is currently recommended.

                      Natural Products

                      A wealth of natural products are produced by wetlands. Products that are

               available for human.use include timber, fish, and shell f ish, wildlife, blueberries and

               peat moss. The Chesapeake Bay is the largest producer of blue crabs in the world
               and the largest single source of oysters in this country. Wetland grasses are hayed in





                                                           8









              many places for winter livestock feed and during the spring and summer, livestock

              graze in many freshwater marshes.

                     Recreation and Aesthetics

                     Many  recreational activities take place in and around wetlands. Waterfowl
              hunting, fishing and crabbing are popular sports. Other recreation is largely
              nonconsumptive and involves activities like hiking, swimming, boating, and ice
              skating. Many people simply enjoy the beauty and sounds of nature and spend their
              leisure time walking or boating in or near wetlands observing plant and animal life.
              Through the centuries, wetlands have also captured the attention of artists who

              have painted wetland scenes or have written about wetlands. Thus, wetlands are

              without question an important part of the natural heritage of Virginia-one of our

              most valuable natural treasures.1
























                     1 The above information was presented in a 1987 U. S. Fish and Wildlife
              Service report and was adapted to reflect current Virginia conditions in regard to
              wetlands.










               Ill.  STATUS AND TRENDS IN WETLANDS


                     Virginia has approximately 215,000 acres of vegetated tidal wetlands, an
               extensive, but yet to be determined, amount of non-vegetated tidal wetlands, and

               about 700,000 acres of non-tidal wetlands.

                     About four (4) percent of the Commonwealth's land area is wetland. Most of
               Virginia's wetlands are found in the Coastal Plain, where over 60 percent of the
               Commonwealth's freshwater wetlands are located. The Piedmont has 22 percent of

               the Commonwealth's total wetlands, which represents almost 30 percent of

               Virginia's freshwater wetlands.                              -
                                       Distribution of Wetlands in Virginia


                                                                 PIEDMONT 22%





                                                                   LOWER COASTAL PLAIN 28%


                  APPALACHIAN HIGHLANDS 6%








                                                                          COASTAL ZONE 22%
                                           UPPER COASTAL PLAIN 22%


                     While detailed current data are not available, the U. S. Fish and Wildlife

               Service estimated in 1987 that Virginia lost over 63,000 acres of coastal wetlands and
               inland vegetated wetlands between 1956 and 1977, a six percent loss. Annual losses

               of these wetlands averaged about 3,000 acres. Inland forested wetlands were most

               threatened, experiencing a nine percent loss in 21 years. Inland vegetated wetland
               loss was greatest in the Lower Coastal Plain region where about 14 percent of these
               wetlands were destroyed. Losses in this region accounted for 80 percent of the
               state's inland vegetated wetland losses In stark contrast to other wetland losses,
               pond acreage increased by about 170 percent.



                                                       10









                           Direct conversion of wetlands to cropland was the major cause of inland

                  wetland loss, while other development (i. e. channelization projects) and lake and

                  pond construction were also major loss factors.


                                             Causes of Inland Vegetated Wetland Losses



                                                     POT96                     3% Urban


                                                                7%
                                           Lakes                                            Agriculture





                                    Other Deveknmient  ........


                           Urban development had the biggest impact upon coastal wetlands. Loss of
                  coastal wetlands to estuarine waters through impoundments, dredging projects,
                  and sea level rise was also significant.


                                                   Causes of Coastal Wetland Losses


                                             Pon&                              AvicWture



                                      Other Factors


                                                                                        Urban






                                                                           X

                                          Coastal Waters


                          Subsequent to the passage of the Virginia Wetlands Act of 1972, the
                  Commonwealth's loss of tidal wetlands has been reduced to approximately 20-25
                  acres per year. These losses are the consequences of large numbers of small losses









              associated with permitted shoreline stabilization activities, such as the replacement
              of an existing bulkhead with a new bulkhead. In i988,-the Commonwealth lost less
              than five acres of vegetated wetlands.

                     In addition, there is no data available concerning the natural increase or

              decrease of tidal wetlands that Virginia may. be experiencing.

                     As stated earlier, there is no current information on the trends of nonticlal

              wetlands losses within the Commonwealth. However, due to several federal and

              state initiatives (regulatory and'non-regulatory in nature), the conventional wisdom

              is that population growth and land development, and associated activities in the

              Coastal Plain are causing the greatest impacts in regard to the Commonwealth's

              nonticlal wetlands.































                                                       12










              IV.    REGULATION OF WETLANDS


                     The increased awareness of a need for water quality protection in the 1960s

              led to the passage of the Federal Water Pollution Act of 1972, later amended as the
              Clean Water Act. That act links the main goal of cleaning up the nation's waters
              with the goal of protecting wetlands.


                                    FEDERAL REGULATORY BACKGROUND

                     Federal jurisdiction over wetlands, both tidal. and non-tidal, is exercised
              primarily through Section 404 of the Clean Water Act. This statute, and its
              comprehensive regulations, requires that a permit be obtained from the U. S. Army
              Corps of Engineers prior to the discharge of "fill material" into the navigable waters
              of the United.States. Fill material is material primarily used to replace "an aquatic
              area with dryland "' or to change "the bottom elevation of a water body."
                     Although Section 404 specifically appliesto navigable waters, this term is

              defined in the Act as the waters of the United States, which has a far broader scope

              than traditional navigable waters. Regulations of the Corps of Engineers (Corps)

              include tributaries of navigable waters, tidal and non-tidal wetlands, interstate
              waters, mudflats, sandflats, and intermittent streams. In addition, the regulatory
              definition of "wetlands" is both broad and highly technical, based upon factors
              including hydrology, soil conditions and vegetation. The Manual administered by
              the Corps is used to apply this definition.
                     Those activities subject to federal wetlands regulation include: theplacing
              of fill, construction of sea walls, dikes, roadways, and other structures, laying of
              underwater and underground pipes and cables, and clearing or grubbing of land.
                     Under Section 404 and the 404 Guidelines adopted by the U. S. Environmental

              Protection Agency (EPA), and administered.by the Corps, a permit will not be issued




                                                       13









              if there is a practical alternative to the proposed discharge which would have less

              adverse impact on the aquatic ecosystem. With respect to wetlands, unless the

              purpose of the fill is 'water dependent, practical alternatives are presumed to be

              available, unless clearly demonstrated otherwise." Further, "all practical

              alternatives ... which do not involve a discharge into a special aquatic site are

              presumed to have less adverse impact on the aquatic ecosystem, unless clearly

              demonstrated otherwise."

                    An application for a permitto fill or dredge is made to the District Corps'
              office (located in Norfolk, Virginia). The Corps can require the completion of an

              Environmental Impact Sta  tement if it determines that the proposal represents a

              Usignif icant impact on the quality of the environment", pursuant to the National
              Environmental Policy Act. A 30 day public comment period follows completion of

              the application, followed by comment review   bystaff. Public comments are
              routinely sent to the applicants for their response. Pursuant to an interagency
              Memorandum of Agreement between the EPA, U. S. Fish and Wildlife Service

              ("FWS") and National Marine Fisheries Service, any one agency can object and
              withhold the Corps' approval of the -application. The process of resolving agency
              objections can take as long as 2-3 years.
                    Finally, there are two different types of Corps' d redge-and-f ill permits;

              individual and general. Individual permits are issued on a case-by-case basis after
              application and evaluation by interested agencies. General permits are established
              by regulation for categories of activities that are "substantially similar in nature and
              cause only minimal individual and cumulative environmental impacts." These

              activities are pre-approved and no application needs to be made and reviewed

                    Federal Manual for Identification and Delineation of Jurisdictional Wetlands

                    The Corps uses a technical Manual prepared to merge and reconcile the
              manuals of four federal agencies to determine parcels that constitute wetlands.



                                                      14









               In January 1989, the Corps adopted a new definition of wetlands agreed to by the
               four principal federal wetlands management agencies. The definition is both broad
               and highly technical. It is based upon multiple factors including hydrology, soil

               conditions and vegetation. A controversy developed in the spring of 1990 when the

               Corps revised its interpretation of the definition to remove "normal farming

               activities" as an exempt activity which did not require a permit. This revised
               interpretation led to a substantia I expansion of land area termed wetlands for

               regulatory purposes. The new delineation criteria expanded the Corps'juriscliction
               over sites in Eastern Virginia because of the region's widespread "hydric" conditions
               (i. e., poorly drained soils).
                     On September 26,1990, the Corps issued a regulatory "clarification" on
               agriculatural croplands which had been. drained and converted from wetlands by
               1985. This clarification to the Manual definition of wetlands should exempt from

               the Section 404 permit process substantial portions of so-called "upland" wetlands
               currently in agricultural production. The Corps' regulatory clarification defines the
               meaning of the longstanding requirement that a purported wetland must be

               capable, under norma  I circumstances, of supporting typical wetland vegetation. The
               clarification excludes from this definition ag ricultural lands, dubbed "prior

               converted cropland", which although once wetlands, were drained or otherwise

               converted priorto December 23, 1985, and as a result, no longer exhibit important
               wetland values. These prior converted croplands must have been farmed
               continuously since that date with commodity crops and inundated with water less
               that 15 continuous days per growing season. This regulatory guidance is expected to

               effectively roll back the 1989 inclusion of extensive tracts of current cropland from

               regulation.







                                                       15








                           In July, 1991, EPA released a draft proposal for the Manual revisions. This
                  draft was reviewed and further revised by the U.S. Office of Management and
                  Budget. In August, 1991, the proposed revisions were published in the Federal
                  Register, with a 60-day public comment period. EPA just recently extended the
                  public comment period a second time due to the major interest in the proposed

                  revisions.

                           The proposed changes include a redefinition of each of the three basic
                  criteri a-vegetation, soils, and hydrology. Also modified are the definition of the

                  growing season and the methods to be used in wetlands delineation. Comparisons

                  between the 1989 Manual and the proposed revisions are shown below:


                                         Comparison of Criteria for Jurisdictional Wetlands



                                     1989 Federal Manual                                   Proposed Revlslons
                 Hydrology           Duration:                                             Duration:
                                     Must have saturation or inundation for                Must have inundation for 15 consecutive
                                     seven consecutive days during the                     days, or saturation for 21 consecutive
                                     growing season.                                       days during the growing season.

                                     Depth-                                                Depth:
                                     Water table must be within                            Must be saturated to the surface.
                                     6 to 18 inches of the  surface
                                     (assumes saturation to the surface).

                                     Indicators:                                           Indicators:
                                     Wetlands hydrology can be assumed                     Wetlands hydrology cannot be assumed
                                     from the presence of hydric soils.                    from the presence of hydric soils alone.


                 Vegetation          More than 50 percent of plants must be                Only the analysis of plant type and
                                     able to live in wetlands, or an analysis of           frequency can be used.
                                     plant type and frequency can be used.


                 Soils               Hydric soils must be identified.                      Existence of hydric soils must be
                                                                                           verified by field inspection.


                 Growing Season      At 20 inches below the surface, soil                  Based on local weather data; three
                                     temperature must be above V F (in                     weeks before last killing frost of spring
                                     Virginia, February to October).                       to three weeks after first killing frost
                                                                                           of autumn.


                 Criteria            Evidence of all three criteria required,              All three criteria required, with
                                     but one criterion can be assumed from                 exceptions only for some types
                                     the other two in certain cases.                       of wetlands.




                                                                         16









                              if adopted as proposed, the general thrust of the proposed revisions would be
                     to reduce the amount of wetlands that would come under the authority of the
                     Section 404 permit program. It would appear that it will be several months before
                     EPA presents the f inal revisions to the Manual.

                              In the interim, Congress directed the Corps to resume using its 1987 Manual to

                     make permitting decisions in regard to wetlands.

                              In addition, wetlands issues also are being addressed through various bills in
                     Congress. A common theme of many of the proposals before Congress center on the

                     development of a classification system whereby wetlands are ranked according to

                     their ecological importance. It should be noted that the Clean Water Act will be up
                     for reauthorization in 1992 (currently scheduled to expire on December 31, 1992).
                              A brief history of the federal regulation of wetlands is presented below:
                                                           Federal Regulation of Wetlands
                            1899       The Rivers and Harbors Act gave the Corps power to regulate construction activities In naviga-
                                       ble waters by issuing permits for those activities. This act authorized the Corps as the agency
                                       with permitting authority over construction In water.
                            1972       The Federal Water Pollution Control Act Included Section 404, which authorized the Corps to
                                       issue permits for the discharge of dredge and fill materials Into the waters of the United Slates.
                            1975       The Corps' regulations were changed to Include a broader definition of waters over which they
                                       had authority, wetlands were Included.

                            1977       The Federal Water Pollution Control Act was amended and became known as the Clean Water
                                       Act. EPA and Corps regulations pursuant to that act Included a regulatory definition for wet-
                                       lands that continues to be used.
                            1979       The Fish and Wildlife Service (FWSj published a wetland definition and guidelines for Identi-
                                       fication used by some federal and state agencies (Classification of Wetlands and Deepwater
                                       Habitats of the United States).
                            1905       EPA and the Corps signed a m    emorandurn of agreement spelling out the roles of the agencies
                                       and the procedures they would follow In Issuing 404 permits.
                                       The Food Security Act (Farm Bill) of 1985 denied federal-assistance program participation to
                                       farmers who altered wetlands for agricultural purposes (swampbuster program). The Soil
                                       Conservation Service's (SCS) Food Security Act Manual Included a welland definition used for
                                       identifying wetlands on agricultural lands.
                            1997       The Corps of Engineers Wetlands Delineation Manual was published, giving optional technical
                                       guidelines for district engineers' use In identifying and delineating wetlands under Section 404.
                            1989       The Corps, EPA, FWS, and SCS formally adopted the Federal Manual for Identifying and
                                       Delineating Jurisdictional Wetlands, which provided mandatory technical criteria, field Indica-
                                       tors, and determination methods for Identifying wetlands under federal jurisdiction and tracing
                                       their upper boundaries.
                                       President Bush announced his administration's "no net loss" policy for wetlands.
                            1990       EPA and the Corps signed a memorandum of agreement clarifying environmental criteria to be
                                       used In evaluating compliance with Section 404 guidelines.

                            1991       July: EPA released revisions of the 1989 manual to Congress. Negotiations with the executive
                                       branch followed. resulting In further changes.
                                       August: Proposed changes to the ig$g manual were published In the Federal Register.
                                                                                17










                                    VIRGINIA REGULATORY BACKGROUND

                     Tidal Wetlands

                     A Wetlands Protection Act was passed by the Virginia General Assembly in
              1972 to regulate the use of vegetated tidal wetlands in Virginia. In 1982 this Act was

              amended to include non-vegetated tidal wetlands, such as tidal flats, sandy beaches,

              and oyster reefs. The Act requires a special permit prior to initiation of any use or
              development of a tidal wetland, such as construction, dredging, or filling. In

              addition, the Act empowers individual localities to establish their own wetlands

              boards for the purpose of reviewing and deciding permit requests.. The Virginia
              Marine.Resources Commission (VMRC) has ultimate authority to administer the
              Wetlands Protection Act, and reviews all decisions handed down by the local boards.

              Decisions which will not achieve the policy or standards in the Act may be formally
              appealed by the Commissioner and modified, remanded, or revised. The
              Commission also decides permit requests in localities that have not yet established

              wetlands boards.

                     Virginia maintains a ranking system based on relative environmental value.

              The system is designed to guide economic development into wetland communities

              of lesser environmental value.

                     The VMRC has recently adopted regulations entitled Wetlands Mitigation

              Compensation Policy. These regulations evaluate projects which may require
              wetlands mitigation or compensation. They recommend that compensation be

              required on a limited basis to replace unavoidable wetland losses.

                     To destroy and compensate wetlands, three criteria must be met: .(1) all
              reasonable mitigation actions, including alternate siting, must be included in the
              proposal; (2) the proposal must be water dependent; and (3) the proposal must
              demonstrate "overwhelming" public and private benefits.





                                                      18









                     The Act applies to any activity that would "use or develop' any wetland
              unless the activity falls into categories specifically exempted from coverage under
              the Act. Exempted activities include, for example, cultivation and harvesting of
              agricultural, horticultural and silvicultural products; maintenaince and repair of
              roads abutting wetlands; and construction and maintenance of noncommercial
              structures, such as'piers, boathouses, and cluckblinds.
                     In judging a permit application the local wetlands board or the Virginia
              Marine Resouces Commission ("VMRC"): (1) weighs the anticipated public and
              private detriment; and (2) determines whether the activity violates or tends to
              violate the purposes and intent of the Act. if the detriment outweighs the benefit,
              or if the activity would violate the purposes of the Act, the wetlands board (or

              VMRC) must deny the application.

                     If the criteria are met and compensation is required, the wetland regulations
              contain guidelines which may be included as conditions of a wetlands permit.


                     Nontidal Wetlands

                     Virginia does not operate an independent program for protecting nonticlal

              wetlands. Legal authority to regulate nontidal wetlands is derived primarily from

              Section 404 of the Clean Water Act of 1972, as amended.

                     Implementation of the Section 404 program for nonticlal wetlands in Virginia
              has not been guided by state policy and has followed the changing wetlands policies
              of the various federal agencies. Changes in federal wetlands policies have led to
              inconsistent definitions and regulatory standards, and instability for private
              investmentand development planning.

                     Section 401 of the Clean Water Act gives the state authority to deny approval
              of any Section 404 wetlands permit that violates state water quality standards. This
              authority allows the Commonwealth to use standards developed in response to state




                                                       19









              needs in the protection of nonticlal wetlands.,
                     In 1990, in an attempt to enhance wetlands management, Virginia obtained
              increased authority under the Section 404 program. In addition to its standard
              Section 401 review of Section 404 permits, the Virginia State Water Control Board
              currently reviews permits for activities in headwater wetlands which would
              otherwise be automatically granted under Nationwide Permit 26 of the federal
              wetlands program.


                     Chesapeake Bay Preservation Act
                     The regulations implementing the 1988 Chesapeake Bay Preservation Act
              create Chesapeake_Bay Preservation Areas which, unlike the Wetlands Act, can
              include nonti.dal as wel'I as tidal wetlands, if they are connected by surface flow and

              contiguous to tidal wetlands or tributary streams. These areas must be included in
              Resource Protection Areas (RPAs), which trigger restrictions on development and
              require buffer zones in most cases. The regulations also suggest that all other
              nontidal wetlands be considered for inclusion in separate Resource Management
              Areas (RMAs), which are subject to less strict limitations on development. In these

              RMAs, broad limitations are placed on land-disturbing activities, removal of
              vegetation, use of impervious cover, erosion and sediment control, sewage
              treatment and disposal, stormwater management, agricultural and silvicultural
              runoff and other aspects of land use that may have effects on water quality.
              Performance standards are to be incorporated into local comprehensive plans,
              zoning regulations, and other ordinances as they relate to these areas.










                                                       20









              V.    RECOMMENDED WETLANDS POLICY DIRECTIONS


                    This chapter presents proposed policy directions concerning wetlands that
              might be applicable to the Crater Region's "Tidewater communities", taking into
              account the national setting concerning wetlands, as well as the wetlands policies of
              the Chesapeake Bay Program.. The current national perspective on wetlands has
              been presented in Chapter IV. The Chesapeake Bay Program's wetlands policies are

              briefly discussed below.


                    Chesapeake Bay Wetlands Policy
                    On December 15, 1987, at an historic meeting in Baltimore of the Governors
              of Virginia, Maryland, and Pennsylvania, the Mayor of the District of Columbia, the
              Administrator of the U. S. Environmental Protection Agency, and the Chairman of

              the Chesapeake Bay Commission (Chesapeake Executive Council), the Chesapeake
              Bay Agreement was signed. This agreement, which outlines goals, objectives, and
              commitments for cleanup and restoration efforts throughout the Bay region,
              addresses problems of living resources, water quality, population growth and
              development, public access to the Bay, governmental cooperation, and public

              involvement. The agreement is especially significant in that it sets out commitments

              for specific and measurable cleanup results, and was developed with extensive

              public participation.

                    As a follow-up to the 1987 Chesapeake Bay Agreement, the Chesapeake

              Executive Council adopted, on January 5,1989, the Chesapeake Bay Wetlands Policy.
              This Policy establishes an immediate goal of no net loss with a long-term goal of a
               net resource gain". The gain of wetland acreage and function over present day
              conditions serves as a means of recovering the values of wetlands already lost over
              years of inadequate protection. These values include not only traditional





                                                    21









              habitat values for breeding, spawning, nesting and wintering of living resources, but
              also benefits in water quality, flood protection, and the regional economy.
                    The Policy addresses the protection and restoration of both tidal and non-
              tidal wetlands through several elements, each with attendant policy goals and
              specific action items. The elements comprise a comprehensive wetland protection

              strategy addressing requlatory and other management mechanisms required to
              improve current practices. These elements address policies for managing direct and
              indirect wetland impacts through education and training activities, monitoring,

              research, private sector incentives, land acquisition, regulatory improvements, and

              mitigation practices.

                    The text of the Chesapeake Bay Wetlands Policy is presented in the

              Appendices.


                    Chesapeake Bay Wetlands Policy Implementation Plan
                    The Policy discussed above included a commitment by the Chesapeake

              Executive Council to adopt implementation plans by June, 1990. The Chesapeake
              Bay Wetlands Policy Implementation Plan was prepared in response to that

              commitment. The Plan presents tasks to guide evolving federal and local programs

              which allow flexibility for diverse jurisdictional priorities and resources.

                    The Plan establishes a process of implementation in.three phases that will 1)
              strengthen existing programs, establish a baseline and define additional program
              needs; 2) initiate regional actions such as wetland monitoring and mapping; and 3)
              implement new programs to achieve no net loss ancl@ reach for the goal of net

              resource gain.

                    The Plan tasks scheduled for immediate action contribute to the first phase of
              policy implementation and create the foundation for future actions. They are
              summarized here in the order that they appear in the Plan text, which does not




                                                     22









              connote order of priority.
                     - Develop and implement a ten year cyclic mapping program to map all tidal

              and nonticlal wetlands in the Chesapeake Bay watershed at a scale and resolution

              needed to support the actions specified in the Policy. Federal agencies and states
              will implement this mapping program on a schedule that correlates with individual
              state programs. The maps created are intended to provide more accessible, more

              reliable information about wetland locations. These maps are not intended to be

              used to substitute for on the ground identification and delineation.
                         Initiate a five year cyclic analysis of the status and trends of Bay watershed
              wetlands. The analysis will provide a statistically valid description of changes in
              wetland locations, types,'acreage and functions and. the causes of those change s.

              This task includes the establishment of a baseline, development of an annual
              monitoring and inventory program and production of a five year status and trends

              assessment.

                     -   Develop technical guidelines for wetlands protection for land owners,

              developers and regulators to use for the design and evaluation of regulated and
              unregulated activities. Substantial efforts are already underway and proposed by
              the regulatory agencies in this task area. This task will identify technical procedures

              that can be used to assess and minimize the wetland impacts of proposed projects

              and actions.

                         Identify a Bay wetlands protection strategy based on information about
              existing state and federal programs and the status of Bay wetlands. State and
              federal program priorities will be identified in the Bay strategy to provide guidance
              for targeting regional activities and funds to achieve the goals of the Chesapeake

              Bay Wetlands Policy-
                         Develop advisory criteria for review and approval of mitigation plans.
                     Criteria will include wetland functional analysis and acreage calculations for



                                                      23









              wetland impacts using a wetlands assessment model, as well as capability to assure
              the potential success of proposed mitigation. The development of criteria for
              mitigation is critical to the successful achievement of no net loss of existing

              wetlands.

                         Formulate and begin execution of incentive programs, as appropriate, to
              achieve no net loss and net resource gain. Inventory existing and potential
              incentives for wetlands protection, restoration, rehabilitation, and creation, and

              institute recommendations for increasing their use.

                         Develop programs to provide current information to the public about Bay
              wetlands values and protection needs. Make educational materials and experiences

              more accessible.

                         Formulate and begin execution of technical training programs for wetland

              managers in the areas of wetland identification, delineation, functional assessment,
              mitigation and creation practices. Coordinate and improve current technical

              training programs.

                         Coordinate and expand technical assistance programsto support local

              government protection efforts. Establish and maintain central sources of
              information to provide the public with current information about wetlands.

                         Establish a process to direct wetlands research and f unds to achieve the

              goals of the Chesapeake Bay Wetlands Policy. This task will provide a comprehensive
              and continuing evaluation and reporting of research and funding by users,

              researchers and funders.

                     The full te xt of the Chesapeake Bay Wetlands Policy Implementation Plan is

              presented in the Appendices.

                     Regional Policy Directions
                     The following policy directions are presented as potential concepts for the





                                                      24









              Crater Region's "Tidewater communities" consideration in regard to wetlands

              preservation and protection. These proposed directions are intended to closely

              correlate to national and Chesapeake Bay Programs concerning wetlands.

                     1.. In regard to non-tidal wetlands, the permit review process is time-

              consuming and cumbersome, as a result of the practical necessity to achieve

              concurrence of the many agencies involved before a permit may be issued. This
              permit-by-permit system is inherently ineff icient and interferes unreasonably with
              the local government process. A preferred system might be one in which local
              governments have the option of developing and administering local
              implementation plans. Accomplished through the adoption of a local.land use plan,
              which addresses both development and protection of natural resources, including
              wetlands values, the local plan would be subject to approval by the fe deral
              government to ensure consistency with national policy and other local plans.
                     The Virginia General Assembly passed the Chesapeake Bay Preservation Act in

              1988. The legislation was developed to preserve and protect Virginia's wetlands.

              The Act and its Regulations mandate   that local governments administer a local

              implementation plan. Perhaps, the federal permit review process could be folded
              into the Virginia program. The Crater Region's "Tidewater communities" should
              consider supporting this concept as a way of streamlining the permit process.

                     2. Df all wetlands initiatives, mapping maybe the most critical for successful
              local planning practices. Often, available wetland maps do not provide adequate
              detail on which to base land use decisions. The Region's "Tidewater communities"

              are considering a long-range planning effort to protect scenic and environmental
              quality of the James and Appomattox Rivers, and to promote broader public access
              to the rivers and appropriate development on adjacent lands. it is recommended

              that this effort include close coordination with the Chesapeake Bay Wetlands





                                                      25









             Program in regard to mapping (once a national definition is finalized). This would

             assist in the proper protection of two major river corridors in the Crater Region.
                    3.  The Region's local governments should support the development of a
             classification system for -non-tidal wetlands which recognizes relative differences in
             the ecological value of individual wetlands areas. Where wetlands are of the highest
             ecological value and irreplaceable, development should be prevented completely.
             Where individual wetlands areas perform relatively marginal or insignificant

             ecological functions, their development should be allowed to proceed in a

             streamlined manner.

                    4.  The Region's local governments should consider supporting appropriate
             resource management tools (i. e. transfer of development rights f rom one land

             parcel to another better suited for development) as a method of dealing with the

             preservation of wetlands.
                    5.  The Crater Region's local governments should consider establishing a
             public education and information program to ensure citizens are aware of the

             important functions and values of wetlands, as well as which measures should be

             undertaken (or not undertaken) to protect wetlands.

                    6.  The Crater Region's local governments should design wetlands

             management strategies that anticipate future development, and incorporate

             incentive-based. programs into wetlands regulations. This direction would involve a
             high level of economic analysis to ensure that resources are properly allocated.

                    7.  The Crater Region's local governments should initiate technical training

             programs, on a joint basis, for local wetland managers in such areas as wetlands
             identification, delineation, functional assessment and mitigation. This effort should

             commence once a national definition of wetlands is finally determined.






                                                     26

















                 APPENDICES





                        Chesapeake Executive Council



                                    Chesapeake Bay
                                    Wetlands Policy







                                  sa e
                                                 Bay
                                                ram


                     Agreement Commitment Report
                          he             p ake
                                Prog




                                               December. 1988







                               Chesapeake Bay
                               Wetla:nds Policy

                          An Agreement Commitment Report from the
                                 Chesapeake Executive Council
































                                    Annapolis, Maryland
                                      December, 1988






                                                 ADOPTION STATEMENT


				We, the undersigned, adopt the Chesapeake Bay Wetlands Policy, in fulfillment of
			Living Resources Commitment Number 5 of the 1987 Chesapeake Bay Agreement:

				"...by December 1988, to develop a Bay-wide policy for the protection
			of tidal and non-tidal wetlands."

                      The Policy establishes an immediate goal of no net loss with a long-term goal of a
               "net resource gain. The gain of wetland acreage and function over present day conditions
               serves as a means of recovering the values of wetlands already lost over years of inadequate
               protection.  These values include not only traditional habitat values for breeding, spawning,
               nesting and wintering of living resrouces but also benefits in water quality, flood protection,
               and the regional economy.

                      The Policy addresses the protection and restoration of both tidal and non-tidal wet-
               lands through several elements, each with attendant policy goals and specific action items.
               The elements comprise a comprehensive wetland protection strategy addressing regulatory
               and other,management mechanisms required to improve current practices. These ele-
               ments address policies for managing direct and indirect wetland impacts through education
               and training activities, monitoring, research, private sector incentives, land acquisition,
               regulatory improvements, and mitigation practices.

                     We recognize the values that wetlands provide to the overall health of the Bay and
               the qaulity of life afforded to the citizens of the area and therefore support the Policy goals 
               outlined in this document. Further, we agree to commit the necessary funding and
               resources to carry out the implementation of the Policy.

                     We direct the Living Resources Subcommittee to prepare an annual report on the
               status of these implementation programs and the effectiveness of the Policy goals in achiev-
               ing protection and restoration of Chesapeake Bay wetlands.


                                                           Date



               For the Commonwealth of Virginia

               For the State of Maryland

               For the Commonwealth of Pennsylvania

               For the United States of America

               For the District of Columbia

               For the Chesapeake Bay Commission











                                    CIAMESAPEAKE BAY WETLANDS POLICY



                                                     Preamble

                   Wetlands within the Chesapeake Bay watershed lie within the transition areas
            between better drained, rarely flooded uplands and permanently flooded deep waters of
            streams. rivers, ponds, lakes'and coastal embayments. Two basic wetland types, coastal
            and inland, occupy about three percent of the Chesapeake Bay drainage area or
            approximnEely LZ million acres. Over ou percent or these wetlands are iniand and tne
            remainder are coastal wetlands. Coastal wetlands consist largely of tidal marshes and
            mud flats found along the margins of tidal rivers and saltwater embayments. - These
            areas are periodically flooded by salt or brackish water. Inland wetlands within-the
            region are predominantly forested wetlands, followed by shrub and emergent wetlands,
            most of which are nontidal or not affected by ocean-driven tides.

                   Wetlands are of importance to the protection and maintenance of livin-2 resources
            associated with the Chesapeake Bay ecosystem as they provide essential bretchng,
            spawning, nesting and wintering habitats for a maj  .or portion of the region's fish and
            wildlife, including migratory birds, endangered species and commercially and
            recreationaily important wildlife.

                   Wetlands are an important part of the cultural, ecological and economic heritage
            of the Chesapeake Bay region. Wetlands play a vital and significant role in maintaining
            the quality of life through material contributions to: the water quality of the region; the
            regional economy; food supply and fish and wildlife resources.

                   Wetlands protect the quality of surface waters through retarding the elrosive
            forces of moving water, trapping waterborne sediment and associated pollutants.
            Wetlands also protect regional water supplies by facilitating the purification of surface
            and groundwater resources. Wetlands play a crucial role in maintaining critical base
            flow to surface waters through the graduaf release of stored flood waters and
            groundwater, particularly during periods of drought. Wetlands provide a natural means
            of flood control and storm damage protection through the absorption and storage of
            water during high runoff periods and through the reduction of flood crests, thereby
            protecting against the loss of life and property.

                   Chesapeake Bay Wetlands are recognized as some of the most important wetlarid
            areas in Lhe United St@tes and have received worldwide recognition as "Wetlands of
            International Importance Especially as Waterfowl Habitat" under the 45 nation,Ramsar
            Convention treaty.

                   7he Chesaveake Bay watershed experienced substantial losses of wetlands
            between the mid-i950's and late 1970's. Annual losses averaged over 2,800 acres. Tidal
            marshes declined by about nine percent, whereas nontidal vegetated wetlands fell by six
            percent. Wetland losses continue to occur as a result of anthropogenic impacts and
            natural causes.









                            WETLANDS PROTECTION AND MANAGEMENT POLICIES




                      It is the intent of the Chesapeake Executive Council to set forth policies in this
                document to guide the development and implementation of a comprehensive strategy for
                the protection and management of all wetlands within the Chesapeake Bay watershed.

                      The goal of the wetland protection and management strategy is to achieve a net
                resource gain in wetland acreage and function over present conditions by:

                      (1)   protecting existing wetlands; and

                      (2)   rehabilitating degraded wetlands, restoring former wetlands, and creating
                            artificial wetlands.

                      Within policies set forth in this document are organized into four major focus areas.
                each of which must be incorporated within a comprehensive strategy if that strategy is to
                result in definitive progress towards the net resource gain goal.

                      Within each of the four focus areas, specific policy statements have been made to
                guide the development of the comprehensive strategy. Specific actions, associated with a
                policy (or group of policies), are considered fundamental to successful achievement of
                the goal. The signatories are committed to seeking the necessary authority and funding
                to carry, out these actions. including the enactment and improvement, in all jurisdictions.
                of laws and regulations to protect nontidal wetlands.

                      As a first step, implementation plans for each of the four focus areas will be
                adopted by June 30, 1996. These four implementation plans. taken as an integrated
                whole, will form the comprehensive strategy for wetland protection and management.














                                                      2









                     DEFINING THE RESOURCE: INVENTORY AND MAPPING ACTIVITIES


                     Tracicing progress toward the net resource gain goal requires the establishment of
             an effective means of monitoring wetland distribution by type, acreage, and function.
             Furthermore, effective resource protection and management is predicated both on the
             availabflity of information regarding wetland status and trends and the ability to identify
             and monitor specific wetland areas. This information base is critical to monitor the
             overall program. direct and target resource pro  tection and management actions, and,
             support essential research and education efforts.

                     For the purposes of mea. suring the progress toward a net resource gain in wetland.
             acreage, and to develop a meaningful inventory to guide wetland management, a
             comprehensive description,of the resource is required. For such purposes. identification
             should encompass the variety of conditions that typify wetland ecosystems. This
             inventory should be consistent with the identifilcau'on approach used by the U. S. Fish &
             Wildlife Service, which has begun extensive wetiand identification.

                     Consequently, for the purpose of developing a Bay-wide inventory. identification
             shouid be based on this description:


                           Wetlands are lands transitional between   terrestrial and
                           aquatic systems where the water table is usually at or near
                           the surfa@e or the land is covered by shallow water. For
                           purposes of classification, wetlands must have one or more of
                           the following three attributes: (1) at least periodically, the
                           land supports predommi antly hydrophytes; (2) the substrate is
                           predominantly undrained hydric soil; and (3) the substrate is
                           non-soi.1 and is saturated with water or covered by shallow
                           water at some time during the growing season of. each year.

                     Policy:

                     0     The signatories shall collectively design and institute a wetland resource
                           monitoring strategy which will provide for a continuing quantitative
                           evaluation of wetland distribution and functional characteristics.

                     Action:

                     Formulate and begin execution of a comprehensive inventory, mapping, and
            monitoring plan which, at a minimum, includes:

                     0     A cooDerative, commehensive mapping of all wetland areas at a time
                           intervii of not less ihan every ten years.

                     0     A statistically valid status and trends analysis every five years.

                                                          3












                            0      A continuing c=ulative impact assessment.

                            0      A monitoring program for existing wetlands sites of various types within
                                   selected physiographic regions to quantify functions and values and
                                   document changes occurring over time within these systems.

                            0      A monitoring program for invasive or exotic species and appropriate
                                   contzol metho W'-.

                            o      A regional data base of permitted activities.










                       HOLDING THE LINE: PROTELMNG EXISTING WETLLNDS


                 Central to a strategy to achieve a net resource gain in wetland acreage and
         function must be strong programs to hold the line by protecting existing functioning
         wetlands. The underlying principle behind this wetland protection is the need to control
         direct, indirect and cumulative impacts which result in losses of wetland acreage or
         function. Guided by this principle, various tools, including, but not limited to, regulation
         and protection standards, incentives. and land acauisition, should be used to protect
         wetlands.

                 Impacts may result from direct arid indirect alterations to a wetland, cumulative
         alterations within the wetland, or from natural causes. Controlling the type, extent,
         intensity and duration of impacts which aiter wetlands v-,idl further other efforts to
         reduce nutrients in the Chesapeake Bay and restore and protect its living resources.

                 Polic"es:

                 0     The signatories to this agreement will use existing progams and develop
                       new program to limit permanent and irreversibie, direct and indirect
                       impacts to wetlands. Only in rare instances will losses of wetiand ac.-eage
                       or function be allowed or considered justifiable.

                 0     The sipatories to this agreement will minimi e indirect alterations within
                       the watershed which have the potential toadversely impact wetlands.

                 0     The sipatories will implement management practices desiped to reduce
                       cumulative wetland losses.

                 Actions:

                 0     The signatories agree to incorporate the principle of wetlands protection
                       and the management of other sensitive Chesapeake Bay living resource
                       habitats into the various strategies, policies and guideli@es which will result
                       from the Population Growth and Developmcnt Commitments of the 1987
                       Bay Agreement.

                 0     To eliminate or minimi e indirect impacts to wetlands, the signatories will
                       coordinate permitting and management programs and the use of protective
                       buffers and other techniques which serve to maintain important functional
                       characteristics of wetlands.







                                                    5










                             0     The sipatories agree to develop a Bay-wide planning process for wetlands
                                   with the goal of protectng wetlands and associated resources through
                                   innovative land use conzrols.



                     Rezulatorv and Protection Standards


                                   Cr
                             Existing regulatory standards and other programs at the federal and state level do
                     120C acequareiv protect wasting wetiands from individual and cumulative iosses in
                     acreage and function.

                             This is particularly the situation for nontidal wetlands. Some of these areas may-
                     be difficult to identifv as surface water or saturated soils may not be evident throughout
                     the growing season. The following characteristics reflect the features of vegetated
                     nontidal wetlands:

                             0     Areas that are inundated or saturated by surface or groundwater.

                             0     Areas where a prevalence of vegetation typically adapted for life in
                                   saturated soil conditions exists.

                             0     Areas where hydric soils are present as defined by the National Technical
                                   Committee for Hydric Soils.

                             Policy:

                             The signatories will. at a minimum, iinDlement Drotection standards for those
                     areas and activities riot adequately protected under federal law and programs. These
                     protection standards will address, but not be   limited to: enforcement, buffers, protection
                     of basic wetland functions, "best management practices," alternative actions, and
                     water-dependent uses.

                             Actions:

                             0     Review the effectiveness of existing regulatory programs and recommend
                                   corrective actions to honor the policy cornmam nt and monitor and revise
                                   such programs as necessary over time.

                             0     Where not otherwise in place, develop a projected implementation
                                   schedule by June 1990 to establish protection standards which honor the
                                   policy commitment.








                      0     Cooperatively develop a process to identify and protect wetland areas of
                            special concern, and consider, where appropriate, the institution of
                            procedures under Section 404(c) of the Clean Water Act.

                      0.    Work toward the development of a single Bay-wide field manual for the
                            delineation of vegetated nontidal wetlands.

                      0     Develop a guidance document for the regulatory and protection standards.

             Incentives

                      The Chesapeake Executive Council recognizes that regulatory program alone
             cannot be relied upon to achieve comprehensive protection of wetlands. Hence,
             incentives aimed at. the private sector will be developed. to complement and reinforce
             these regulatory programs. In addition, programmatic inconsistencies or incentives
             within the state and federal government which, directly or indirectly contribute to
             wetland losses will be eliminated or reduced.


                      Policies:

                      0     Tle signatories will coillectively develop and execute a range of private
                            sector incentive programs which support wetiand protection.

                      0     Governrnent sanctioned programs which. are counterproductive to wetland
                            protection will be eliminated whenever possible.

                      Action:

                      Formulate and beein execution of an incentive policy implementation plan which,
             at a minimum, includes:

                      0     Identifying state and federal programs or policies which result in wetland
                            losses and correcting program deficiencies.

                      0     Enhancing existing incentive programs to encourage wetland protection.

                      0     Creating new incentive programs to encourage wetland protection.

                      0     Investigating the use of penalties or other disincentives to reduce wedand
                            losses.










                                                         7











                         Land Acquisition

                                The Chesapeake Executive Council recognizes the uinportant role that acquisition
                         can play in a comprehensive wetlands protection program. The council also recognizes
                         that linifted funding requires a strategy for targeting the acquisition of wetlands for the
                         purpose of preserving the public's use and enjoyment of wetland resources    '. Acquisition
                         mkv be necessary to protect significant educational, scientific, or ecologic values, or
                         where wetlands provide some -b.roader public use including maintaining open space and
                         providing recreation opportunities.

                                Policies:

                                0      T"he signatories will identifv priority areas for wetland preservation.

                                0      The signatories will provide for acquisition of lands for the purpose of
                                       protecung sia-nificanE wetland values or the public's right to use and enjoy
                                       wetlands wh.-re such lands are a part of acquisition programs administered
                                       by public agencies.

                                Action:

                                0      Develop a strategic plan for land acquisition which includes wetlands and
                                       appropriate adjacent uplands and aquatic areas as a part of new or
                                       ongoing public acquisition programs.






















                                                                      8











                                     BUILDING THE BASE: REHABILITATING, RESTORING,
                                                      AND CREATING WETLANDS



                               7"he signatories will not attain a net resource -gain in wetland acreage and
                        function by protecting existing wetlands alone. Efforts must be made to build the base
                        by rehabilitating degraded wetlands, restoring former wetlands, and creating productive
                        new artificiall wetlanids- Wh_ile mitiantion will play a large rnie here, incentives and land
                        acquisition are important and useful tools for building the base of functioning wetlands.


                        ,Mitigation

                               Mitization is the secuential process of avoiding, minimizing. rectifVine, reducinLy
                        over time, or compensating for wetlands losses. The sequence in which mitigation
                        procedures are considered and applied in practice is crucial to realizing the signatories'
                        protection and management strategy. T"he Chesapeake Executive Council recognizes
                          at compensatory miugati                            construction t
                                                    or, (generally involving               0, reolacement wetlands)
                        :nust not substitute tor efforts to avoid or minimize losses or prejudIce an agency
                        @.etermination affect= wetlands.


                               Policies:

                               0      Mitigation will be included for any project conducted by or subject to
                                      review or approval by the signatories.

                               0      Compensatory mitigation.shall proceed from the presumption that
                                      "in-kind. on-site:' is the preferred solution. Other solutions, inciudina
                                      off-site and out-of-kind miti2ation, will only be allowed when acceotable to
                                      public  govern rn ent agencies and performed in the context of watershed
                                      management planning or other specific objectives.

                               0      Ile Signatories shal.1 require that compensatory mitigation projects,
                                      incorporate public or private arrangements for iong-term management.

                               0      Compensation projects will. generally be designed and evaluated
                                      cooperatively among project sponsors, the signatories, and appropriate
                                      public and private entities.

                               0      Monitoring and evaluation of the success of compensatory mitigation
                                      replacement projects shall be incorporated by the signatories as a
                                      fundamental part of the mitigation process.





                                                                      9










                    Action:

                    0     The federal signatory, in consultation with appropriate governmental
                          agencies, will develop updated standards and criteria in compliance with
                          the overall wetland protection goals and specific mitigation policies
                          incorporating state-of-the-art technological, ecolGgical and biological
                          applications.


            Ingantives

                    Since mitigation arises from the unavoidable loss of wetlands, it alone can not be
            relied upon to build the base of functioning wetlands. Incentives aimed at the private
            sector should be developed to encourage rehabilitation, restoration, and creation of
            wetlands.

                    Policy:

                    The signatories will collectively develop and execute a range of private sector
            incentive programs which encourage rehabilitation, restoration, and creation of wetlands.


                    Action:

                    Formulate and begin execution of an incentive policy implementation plan which,
            at a minimum, includes:

                    0     Enhancing existing incentive program s to encourage the rehabilitation,
                          restoration and creation of wetlands.

                    0     Creating new incentive programs to encourage rehabilitation, restoration,
                          and creation of wetlands.


            Land Acquisition

                    To further increase the net resource base beyond that achieved through
            compensatory mitigation requirements, the signatories will develop acquisition plans
            which support wetlands rehabilitation, restoration and creation.

                    Policy-

                    0     The signatories wifl facilitate acquisition of lands for wetland
                          rehabilitation, restoration, and creation projects beyond that achieved
                          through compensatory mitigation.



                                                       10












                         Action:

                        0      Develop criteria for the identification of areas where rehabiEtation.
                               restoration and creation projects can be undertaken.

                        0      Develop a plan for the acqiusluon of land and property interests in areas
                               where wetlands, rehabilitation, restoration and creation projects will be
                               undertakem











                        EXTENDING THE VISION: EDUCATION AND RESEARCH




                  The ultimate success of the comprehensive strategy for wetlands protection and
          management will depend on the depth and breadth of our vision. Research is essential
          if we are to refine our knowledge of wetland values and improve our ability to protect
          and manage these resources. Education builds the necessary public support for resource
          protection as well as ensuring the efficient implementation of wetland protection
          practices.


          Education

                  The Chesapeake Executive Council recognizes that wetland protection depends
          upon public awareness of wetland values and management needs and upon landowner
          support for protection policies. Furthermore, appropriate technical training must be
          made available to resource managers and to private sector interests who are charged
          with implementing specific wetland protection practices.

                  Policy:

                  The signatories will deveiop and maintain on-going education and training-
          programs, technical assistance services, and wetland data base systems to improve our
          understanding of wetland values, fanctions, management techniques, status, and trends.

                  Action:

                  Formulate and begin execution of an education plan which, at a minimum,
          includes:

                  0     A current information program available to the public on the values of and
                        need to protect wetlands.

                  0     Development of a Bay-wide library system -and data base for wetland
                        information.

                  0     Technical training programs for government representatives, consultants,
                        land developers and interested parties in the areas of wetland
                        identification, delineation, functional assessment, and mitigation practices.






                                                    12












                            0      Development of technical assistance programs to support local government
                                   protection efforts, including mapping, management programs, model
                                   ordinances, etc.

                            0      Development of wetland curricula for academic institutions.




                            The Chesapeake Executive Council is aware of the role which scientific research
                     plays In determining the effective:Iess of carrent managemenz pr"act.-ces as -well us the
                     potential for using research findings to improve management techniques and the generai
                     need for better understanding of how natural changes to wetlands may necessitate
                     appropriate management responses.

                            Policies:

                            0      The signatories -o this agreement will, to the extent possible, facilitate the
                                   undertaking of research projects which have the potential to improve
                                   wetland management-

                            0      The signatories will evaluate and adjust their wetland management
                                   practices and regulatory standards such that they reflect principles
                                   validated through scientific research.

                            Action:

                            The signatories will collectively update a prioritized listing and description of
                     those research projects which offer sjni@cant opportunities for u:nproving wetland
                     manap-ement oractices. At a minimum, the research plan -shall consider the following:

                            0      Continued research of basic wetland structure and function.

                            0      Research to quantify the relationship between upland, wetland, and aquatic
                                   natural processes 'including chemical, ecological, geomorphological and
                                   hydrological processes 'in various watersheds.











                                                                13









                     0      Evaluation of the potential individual and cumulative effects the following
                            factors have upon wetlands including:

                                          Current Imt management practices" designed to reduce
                                          nutrient and sediment loads to wetlands.

                                          Alteration of the land/water interface.

                                          Increased boating activity.

                                          Shallow water dredging impacts on biologic and hydrologic
                                          functions of wetlands.

                                          Structural sbore erosion practices.

                                          Stormwater management practices.

                     0      Evaluation of the design, effectiveness and success of artificial wetlands
                            including those developed for:

                                          Compensatory mitigation.

                                          Wildlife and waterfowl improvement projects.

                                          Non-structural shore erosion control.

                                          Stormwater management.

                                          Acid mine drainage reduction.

                                          Wastewater treatment.


                    0       Comparison of natural and artificial wetlands.

                    0       Research on the potential midgative measures which could be used to
                            counteract wetland losses due to acid rain, sediment starvation, sea level
                            rise, and invasion of exotic species.

                    0       Studies investigating the feasibility and effects of wetlands created for
                            stormwater management upon other wetland functions, particularly with
                            regard to fish and wildlife habitat and trophic structure and support.






                                                         14






                                                                                  Principals' Staff Committee


                                                                                   Chesapeake Bay
                                                                                   Wetlands Policy,
                                                                    Implementation Plan





                                                                                                                     e e
                                                                                                                         Bay





                                                                                                Implementation Plan
                                                                                  Giffaap ak
                                                                                                Pr%raffi





                                                                                                           December 1990

                    Printed on Recycled Paper









                                                       Chesapeake Bay
                                  Wetlands Policy Implementation Plan


                                            A Commitment Implementation Plan from
                                                   the Principals' Staff Committee
























                                                       Annapolis, Maryland
                                                           December 1990



                                          Printed by the United States Environmental Protection Agency
                                                                    for the
                                                           Chesapeake Bay Program

















                                                            Table of Contents



                           1. Summary                                                                     I

                           IL Introduction                                                                8

                           III. Implementation Plan                                                       9

                               A. Plan Framework                                                          9

                               B. Plan Tasks, Implementors; and Schedules                                 10

                                   1. Defining th e Resource: Inventory and Mapping                       12

                                   2. Holding the Line: Protecting Existing Wetlands                      19

                                   3. Building the Base: Rehabilitating, Restoring and
                                      Creating Wetlands                                                   17

                                   4. Extending the Vision: Education                                     31

                                   5. Extending the Vision: Research                                      37

                           IV. Financing                                                                  41

                                 Glossary                                                                 42








                 CHAFTER 1. SUMMARY




                 Backeround


                      In recognition of the importance of wetlands to the environmental and economic health of the
                   Bay, the Chesapeake Bay Executive Council adopted the ChesaMake Bay WetlandIEDJiCL(the
                   "Poligy') in December 1988. 'Me Policy includes a commitment by the Executive Council to
                   adopt implementation plans by June 1990. 'Me Ches=ake BU Wetlands Policy Implementation
                   FJ= (the"Fi=") is prepared in response to that commitment.

                     The Polic establishes an immediate goal of no net loss with a long term goal of a net resource
                 gain for tidal and nontidal wetlands. It defines four areas in which proposed actions are to be
                 accomplished. 'Mese four focus areas are:
                                  Defining the Resource: Inventory and Mapping Activities,
                                  Holding the Line: Protecting Existing Wetlands,
                                  Building the Base: Rehabilitating, Restoring and Creating Wetlands,
                                    and
                                  Extending the Vision: Education and Research.

                     In the      education and research are mated as distinct categories, thereby forming five
                 implementation focus areas.

                     Ile Policy stipulates, and the Fin incorporates time periods for implementation, particularly
                 with regard to mapping, status and trends analysis, and cumulative impact assessment.


                 Implementation Plan


                     The Chesapeake Bay Wetlands Policy Implementation Plan (the "En") presents tasks to guide
                 evolving federal, state, and local programs which allow flexibility for diverse jurisdictional
                 priorities and resources.

                     Ile EIM establishes a process of implementation in three phases that will 1) strengthen existing
                 programs, establish a baseline and define additional program needs; 2) initiate regional actions such
                 as wetland monitoring and mapping; and 3) implement new programs to achieve no net loss and
                 reach for the goal of net resource gain.

                     A chart listing all Policy implementation tasks and schedules is found at the end of this
                 Chapter. A glossary of abbreviations used to designate lead implernentors is found at the end of
                 the

                     Ile a= tasks scheduled for immediate action contribute to the first phase of Poli!Zy
                 implementation and create the foundation for future actions. They are summarized here in
                 the order that they appear in the Plan text, which does not connote order of priority.
                     Deveigg and irnp]CMent a ten y-car cyclic mUping progorn to map all tidal and nontidal
                 wetlands in the Chesapeake Bay watershed at a scale and resolution needed to support the actions
                 specified in the Policy.








                  This program will result in the development of new mapping programs in some states but will
                  require the updating of NWI and digitization of SCS hydric: soils information at a minimum
                  Federal agencies and states will implement this mapping program on a schedule that correlates
                  with individual state programs. The maps created are intended to provide more accessible,
                  more reliable information about wetland locations. These maps are not intended to be used to
                  substitute for on the ground identification and delineation. (Task M 1)

              ï¿½   Initiate a five ycar cyclic analysis of the status and trends of BU watershed wetla]3ds.

                  T'he analysis will provide a statistically valid description of changes in wetland locations, types,
                  acreage and functions and the causes of those changes. This task includes the establishment-Qf
                  a baseline, development of an annual monitoring and inventory program and production of a
                  five year status and trends assessment. (Task M2)

              ï¿½ Develop technical guidelines for wetlands protection for landowners, developers and
              regulators to use for the design and evaluation of regulated and unregulated activities.

                  Substantial efforts are already underway and proposed by the regulatory agencies in this task
                  area. This task will identify technical procedures that can be used to assess and minimize the
                  wetland impacts of proposed projects and actions. (Task Pl)

                  Identify a Bay wetlands -             rategy based on inforrmtion about existing state and
              federal programs and the status of Bay wetlands.

                  State and federal program priorities will be identified in the Bay strategy to provide guidance
                  for targeting regional activities and funds to achieve the goals of the Chesapeake Bay Wetlands
                  F_QlicX (Task P2)

                  Develo2 advis= criteria for review and ap=val of mitigation planA.

                  Criteria will include wetland functional analysis and acreage calculations for wetland impacts
                  using a wetlands assessment model such as WET IL as well as capability to assure the potential
                  success of proposed mitigation. The development of criteria for mitigation is critical to the
                  successful achievement of no net loss of existing wetlands. (Task Cl)

                  Formulate and begin execufion of i                Mms as appropriate to achieve no net loss and
              net resource gun.

                  Inventory existing and potential incentives for wetlands protection, restoration, rehabilitation
                  and creation and institute recommendations for increasing their use. (Task C2)

                  Develop progorris to provide current information to the public about Bay wetlands values and
              proteCtion needs

                  Make educational materials and experiences more accessible. (Task E I)

                  Formulate and begin execution of technical trai J             la for wetland managers in the areas
              of wetland identification, delineation, functional assessment, mitigation and creation practices.

                  Coordinate and improve current technical training programs. (Task E3)

                  Coordinate and enand technical assistance progmms to support local government protection
              efforts.




                                                             2







                    Establish and maintain central sources of information to provide the public with current
                    information about wetlands. (Task E4)

                    Establish a =ess to direct wetlands research and funds to achieve the ggals of the
                 Chesalmake Bay Wetlands   PoliCyr

                    This task will provide a comprehensive and continuing evaluation and reporting of research and
                    funding by users, researchers and funders. (Task RI)


                    Tle ELM includes annual reports of implementation progress and five year evaluations of
                 success in achieving PQlicy goals based on actual changes in wetland resources. The first five year
                 evaluation will be in 1995. Oversight of Elan implementation will be provided by the Wetland
                 Workgroup composed of representatives of lead implementing agencies, scientists and citizens.

                    Short term tasks scheduled through 1992 will cost approximately $400,000 annually. Ile plan
                 proposed for this funding is that federal and state agencies win provide approximately half of the
                 funds through existing program budgets and for the remaining half to be requested from the
                 Chesapeake Bay Program budget. Funds for long term implementation after 1992 are being
                 sought from new sources including congressional action. The rate of implementation progress
                 depends on the availability of funds.































                                                            3






                                                          WETLAND IMPLEMENTATION PLAN TASK CHART

                                                                                                                                      imi 3                                         NOTES
            LEAD AGENCY TASK NO.               TASK NAME                                   7/90 9/90      12/9.0 3191 6191 9/911'              /92 6/92 9/92       12192
                                                MAPPING AND INVENTORY                                                                  F.W:

                                                                                                          ... .......
                                                DEVELOP 10 YEAR MAPPING & INVENTORY PROGRAM
            MD                      Mla         Develop mapping strategy
                                                                                                                                                                            Every 10 years
            MD                      Mlb         Accomplish mapping                                                                                                          To be determined
            MD                      MIC         Make maps accessible to public                                                                                              To be determined
            MD                      Mid         Establish inventory of aerials

                                                                                                              .....                   ...........
                                                DEVELOP 5 YEAR STATUS & TRENDS ASSESSMENT PROGRAM
            TWS                     M2a         Define baseline conditions
                                                                                                                                                                            E      5
                                                                                                                                                                             very years
            NOAA                    M2b         Design and initiate monitoring prograrr
            FWS                     M2c         Conduct status and trends analysis
                                                                                                                                                                            1995

                                                MANAGE PUBLIC WETLANDS
            FWS                     M3a         Identify public wetlands                                                                                                    3/93
                                                                                                                                                                   . .........
            FWS                     M3b         Evaluate public stewardship
                                                                                                                                                                            Evaluation in 1995




                                                                                                          ....... ...
















                                                                                                                                                                   .... .......
                                                                                                                                                                  2   L
         GbsM of ab&rhafions wed to designate bad agerves can be bund at ft and of ihe plan.





                                                WETLAND IMPLEMENTATION PLAN TASK CHART
      LEAD AGENCY TASK NO. TASK NAME                                         7/90 9/90 lit*      3191 &91     9191'.-ft .. 141 3/92 6/92 9/92 12/921        NOTES

                                                                                                                   . ..... ....
                                     FPR70TECTING EXISTING WETLANDS

                                      DEVELOP TECHNICAL GUIDANCE DOCUMENT
      EPA lit               Pla       Procedure guidance document
      EPA III               Plb       Evaluate proposed projects
      EPA III               Pic       Evaluate effectiveness                                                                                         1995
      EPA III               Pid       Produce handbook for local users
                                                                                                                                                     To be determined
      EPA III               Ple       Use delineation manual

                                      IDENTIFY BAYWIDE PROTECTION STRATEGY
      VA                    P2a       Describe State and Federal
                                      programs and objectives
      VA                    P2b       Conduct demo mgmt projects
      VA                    P2c       Develop Bay strategy
      VA                    P2d       Target resources to strategy                                                                                   1992-1995
      VA                    P2e       Evaluate regulatory programs
                                                                                                                          ......... ........
      VA                    P21       Revise strategies
                                                                                                                                                     1995
                                      COORDINATE W/ POP GROWTH COVAM
                                                                                          ........ .....
      LRS                   P3        Coordinate w/ Pop Growth Comm
                                      CREATE PERMIT TRACKING SYSTI
      ACE-B                 P4a       Investigate systems
      ACE-B                 P4b       Set up program
      ACE-B                 P4c       Report Data
                                                                                                                                                                 ubsequently
                                                                                                                                                     Each year s
                                      EVALUATE PROGRESS
      EPA-CBP               P5a       Produce annual progress report
      EPA-CBP               P5b       Produce 5 year progress report
      EPA-CBP               P5c       Evaluate and revise programs

    Gbss" of eWemb" wed jD designote food agemes can be bjw at ft end of Me phn.






                                                               WETLAND IMPLEMENTATION PLAN TASK CHART

            LEAD AGENCY TASK NO. TASK NAME                                                                       12/  90 3/91     &91     9/91
                                                                                                 17/90    9/90                                   12/0.113/92 6/92 9/92         12/92             NOTES
                                                  IREHABILITATION, RESTORING AND CREATING WIETL                                                          NDS

                                                                                                                                                                                   ff
                                                   DEVELOP AND IMPLEMENT A WETLANDS MITIGATION PROGRAM
            FWS                       Cla          Develop mitigation criteria                                   q@. . .... ...
            MD                        Clb          Develop and adopt assessment model
                                                                                                                    ........                     ........
            FWS                       Clc          Investigate fees
                                                                                                                                                                                        To be determined
            FWS                       Cid          Develop public review procedures

                                                   FORMULATE AND BEGIN INCENTIVES PROGRAM"..'.":i"

                                                                                                                                                 ......  .....
            PA                        C2a          Inventory of incentives
            PA                        C2b          Review existing programs
            PA                        C2c          Institute recommendations                                                                                                            To be determined

                                                                                                                 ... ..........
                                                   DEVELOP AN ACQUISITION PROGRAM

                                                                                                                 .JF.
            PA                        C3a          Inventory land acquisition programs
                                                                                                                   ...........
            PA                        C3b          Review acquisition programs
            PA                        C3c          Institute recommendations                                                                                                            To be determined
            PA                        C3d          Evaluate program effectiveness                                  ....... .
                                                                                                                                                 ............                           To be determined





                                                                                                                                                                               ............
















                                                                                                                                                 ............
                                                                                                                 .... .... ..



         Cgonary of obbrovisliars teed In desoneft Apad agown con be burd of Ae end of she PIM,





                                               WETLAND IMPLEMENTATION PLAN TASK CHART
      LEAD AGENCY TASK NO. TASK NAME                                       7/90 9190   0:1 3/911 6t9l gal       i V91 3192 6/92 9/92     1 V92          NOTES
                                      JEDUCATION
                                      DEVELOP CURRENT INFORMATION'PR 'RAM
      ACE-N                Ela-c      Develop current info program

                                      DEVELOP LIBRARY AND DATA BA E
      EPA-CBP              E2a        Identify System                                    4 @W@.
      EPA-CBP              E2b        Implement recommendation

                                      FORMULATE AND BEGIN TECHNIC LTR ININ              -01k, ObRAN
      EPAIII               E3a        Identify State efforts                                                                             . .....
      EPAIII               E3b        Designate Federal assistance
      EPAIII               E3c        Certification program
                                                                                                                                                To be determined
                                      DEVELOP TECHNICAL ASSISTANC4 PROORA
      LGAC                 E4a        Develop coordination
                                                                                                                                                       d
      LGAC                 E4b        Implement assistance
                                                                                                                                                To be etermin d
                                                                                                                                          ..........           e
      LGAC                 E4c        Establish central information sources

                                      DEVELOP WETLAND CURRICULA
      FWS                  E5 a-c     Develop curricula
                                      IRESEARCHI

                                      ESTABLISH RESEARCH PROCESS
      VA                   Ria        Organize research structure
      VA                   Rib        Inventory projects and sources
      VA                   Ric        Distribute Info to users
                                                                                          .......                                               Every two years
      VA                   Rid        Develop & Implement procedures to
                                      ensure availability of information

    GWary of abbmiabiwo used ft designate kod aigerydw can be ADund at N end of Me plan.








               CHAPTER 11. INTRODUCTION



                   The announcement by President Bush of a national "no net loss" wetlands policy is the result
               of growing public concern about the rapid loss of these important resources. Wetlands provide
               essential breeding, spawning, nesting and wintering habitats for a major portion of the region's
               fish and wildlife. In addition, wetlands function to purify surface water, moderate flood flows,
               maintain year round stream and river flows, reduce erosion and support commercial fishery and
               recreation industries.

                . Chesapeake Bay watershed wetlands are recognized as some of the most important wetlands in
               the United States and have received worldwide recognition as "Wetlands of International
               Importance Especially as Waterfowl Habitat" under the 45 nation Ramsar Convention treaty.
               Millions of recreationists; and students enjoy the richness of Chesapeake Bay wetlands every year
               in local, state and national parks, forests and wildlife refuges.

                   Wetlands lie within the transition areas between better drained, rarely flooded uplands and
               permanently flooded deep waters such as rivers, ponds, lakes and coastal embayments. According
               to US Fish and Wildlife Service studies, tidal and nontidal wetlands occupy about three percent of
               the Chesapeake Bay watershed or approximately 1.2 million acres. Mese figures do not include
               farmed wetland acreage.) More than 80 percent of these wetlands are nontidal, predominantly
               forested wetlands. The remaining 20 percent of Chesapeake Bay wetlands are tidal wetlands
               which consist largely of tidal marshes and mud flats. These areas are periodically flooded by salt
               or brackish water.

                   'Me Chesapeake Bay watershed experienced substantial losses of wetlands between the mid
               1950s and late 1970s. Annual losses averaged over 2,800 acres. Tidal marshes were reduced by
               about nine percent, whereas nontidal vegetated wetlands were reduced by six percent. With
               increasing population growth and development in the Bay watershed wetland losses continue.

                   In recognition of the importance of wetlands to the environmental quality and economic
               productivity of the Bay, the Chesapeake Executive Council adopted the Chesapeake Bay Wetlands
               Policy (the "P_Qlicy") in December 1988. The Policl includes a commitment to adopt
               implementation plans for the Policy by June 1990. In response to this commitment, the Living
               Resources Subcommittee appointed a workgroup of representatives from the public and private
               sectors to develop the Chcsa2cake Bay Wetlands Policy Im2lernentation Plan (the

                   A description of the _P_10 tasks, implementors and schedules is presented in Chapter III.
               Information about P1 an financing is presented Chapter IV. 'Me Elga recommends immediate
               actions to prevent the loss of existing wetlands, and long-term actions to protect and increase
               wetlands resources in the future. By providing better information and increasing communication
               among multiple Bay agencies, Plan implementation will make it easier for land owners,
               developers, public officials and citizens to protect, increase and enjoy Chesapeake Bay wetlands.








                 CHAPTER III. IMPLEMENTATION PLAN




                 A. Plan Framework


                     The Chesapeake Bay Wetlands Policy (the                stipulates some time periods for
                 implementation actions which influence the form of the Chesapcake Bay W&tlands Poligy
                 Implementation Plan (the Elm.") These schedules include cooperative, comprehensive mapping of
                 all wetland areas at a time interval of not less than every ten years, a statistically valid status and
                 trends analysis every five years, and a continuing cumulative impact assessment.

                     Implementation of the Policy will be accomplished with a combination of existing and new
                 programs administered by many jurisdictions and organizations. Ibis includes the states of
                 Pennsylvania, Virginia, and Maryland, the District of Columbia, numerous Federal agencies (some
                 with mandated roles in wetland management), many local jurisdictions, public organizations and
                 the private sector. The Elm is constructed in recognition that all of these institutions have varying
                 capabilities to respond in terms of priorities, financial resources, and institutional support.

                     In response to the varying approaches to wetlands protection in each jurisdiction, the &n has
                 been designed to.guide evolving state, federal and local programs by outlining immediate regional
                 actions and longer term jurisdictional actions that win accomplish the goals of the Policy
                 Accordingly, the tasks proposed can be considered in three phases, moving from -current
                 conditions into the future as envisioned by the signatories of the Policy

                     Immediate actions are taken in the first phase of implementation to improve the effectiveness of
                 existing programs, establish a baseline from which to measure the success of future actions, and
                 define additional actions needed to accomplish the long range goals of the Po) icy Because these
                 tasks build upon programs already in place, the federal role in this initial stage (especially for
                 nontidal wetlands protection) is substantial.

                     A program which is critical in this phase is the Federal Clean Water Act (CWA) Section 404
                 program which regulates the discharge of dredged or fill material. In addition, the "Swarnpbuster"
                 provisions of the 1985 Farm Bill are important to address wetland loss due to drainage and
                 cropping. During this phase the states will build upon the Clean Water Act Section 401
                 certification authority and other state programs already in place. As states develop more advanced
                 protection programs, their role in the implementation of the Po1iQ1 will increase in relation'to the
                 federal role .

                     In recognition that near term budgets are substantially committed, tasks in the first phase of
                 Policy implementation utilize existing information to target and hold down costs of actions in future
                 phases. Ile most significant of these tasks is to develop a Baywide management strategy to target
                 regional funds and actions to achieve the goals of the Policy.

                     In the second implementation phase, regional, technical tasks are implemented to support
                 future, long range actions and measure success. Tasks in this phase initiate mapping, inventorying
                 and monitoring programs and develop and implement a compensatory mitigation progranL
                 Education and research efforts will accelerate in this phase as well. These and many other actions
                 on the local, state and federal levels will begin to accomplish the goal of no net loss.

                     In the third phase of Policy implementation, new programs are initiated to achieve no net loss
                 and reach for the long term goal of net resource gain. Tasks in this phase provide increased
                 coordination among wetland management programs and other pollution control and living resource








               management programs. Examples of tasks in this phase include more detailed Baywide wetland
               management planning, implementation of incentive programs and coordination of acquisition
               programs. Increased education efforts will be essential for implementing these advanced
               programs.

                  The Chesapcake Bay 3Mctlands Policy requires that the Living Resources Subcommittee
               provide an annual report to the Chesapeake Executive Council about the status of the
               implementation programs and the effectiveness of the Policy goals in achieving protection and
               restoration of Chesapeake Bay wetlands. While the annual report can describe the status of
               programs, it is too frequent to provide a comprehensive assessment of progress towards achieving
               the Policy goals. For this reason, the Elaa includes a cyclic progress evaluation every five years
               based on the statistical analysis of status and trends required by the Policy. The first five year
               analysis and evaluation will be in 1995, with others every five years subsequently. The baseline
               that will be used for the first cycle will be defined in 1990/199 1.

                  R ecognizing that jurisdictions will go through the phases of implementation at different speeds,
               and with somewhat different approaches, the periodic progress evaluation each five years, based
               on changes in wetland resources, will provide a common perspective from which to measure
               achievements and refocus efforts.

                  Oversight of En implementation will be provided by the Wetland Workgroup, composed of
               representatives of lead implementing agencies, scientists and citizens. Representatives of
               organizations who have an interest in participating in the implementation of ELm tasks will be given
               an opportunity to be involved. Mailing lists of interested people will be maintained by the Living
               Resources Subcommittee to provide notices of meetings, reports and other information about
               Policy implementation.


               B. Plan Tasks, Implementors and Schedules


                  Each of the rljn@ five focus area sections are organized as follows:

               Policy Commitments: Commitments from the ChesiMeake Bay Wetlands Policy are quoted in italic
                  at the beginning of each section. Each &Iicy commitment is assigned a capital and lower case
                  letter designation. These letters are cited after FIM tasks to enable the reader to relate Elm tasks
                  to specific Policy commitments. Capital letters correlate with focus areas as follows: Inventory
                  and Mapping (M), Protecting Existing Wetlands (P), Restoring, Rehabilitating and Creating
                  Wetlands (C), Education (E) and Research (R).

               Current Pro=ms: A brief summary of existing wetland protection and management programs and
                  gaps for accomplishing the Poligy commitments quoted above is provided.

               125ka: 'Me implementation tasks needed to accomplish the commitments from the Policy are listed
                  in tables with recommended implementors and schedules. Each major task is assigned a capital
                  letter and number designation. The capital letters correlate with the focus areas (as explained in
                  "Policy Commitments" above.) The Policy commitments addressed most directly by each
                  implementation task are referenced in brackets after each major task.

               ImpIgmentors: Ile organization with lead responsibility for coordination and completion of each
                  task (the "lead" agency) is listed first before other major organizational participants. The
                  abbreviations used to identify implementors are defined in the glossary found at the end of the
                  ELM.




                                                         10







                Schedule: Dates for implementation are specified for immediate tasks that build upon existing
                    programs, provide essential support for future actions and require close coordination among
                    jurisdictions. The dates established will provide information for budget planning and
                    implementation before the five year status and trends assessment in 1995. Dates scheduled for
                    "first phase" implementation tasks are designated with an asterisk

                    Time frames for long range tasks are noted to indicate that implementation is dependent upon
                    the completion of other tasks ('"ro be determined") or that their scheduling is cyclic 1992,
                    every year"; "1995, every five years".)









                            1. DEFINING THE RESOURCE: INVENTORY AND MAPPING



               Chesagaake Bay Wedands Policy


                   The following are the CbeaapCake Day Wetlands Policy commitments for inventorying and
               mapping in the Ag=ment Commitment RepQrt signed by the ChesaRcake Executive Council:

                   'The signatoriesshall collectively design and institute a wedand resource monitoring strategy
                   which will providefor a continuing quantitative evaluation of wedand distribution and
                   fiinctional characteristics.

               Actions:

               IMI      Formulate and begin execution of a comprehensive inventory, mapping, and monitoring
                        plan which, at a minimum, includes:.

               [M(a)]   A cooperative, comprehensive mapping of all werland areas at a time interval of not less
                        than every ten years.

               [M(b)]   A statistically valid status and trends analysis every five years.

               IM(c)]   A continuing cumulative impact assessment.

               [M(d)]   A monitoring programfor existing wetlands sites of various types within selected
                        physiographic regions to quantifyfunctions and values and document changes occurring
                        over time within these systems.

               [M(e)]   A monitoring programfor invasive or exotic species and appropriate control methods.

               IM01     A regional data base ofpermitted activities.


               Current ProgMms


                   Numerous federal, state and local wetlands inventory and mapping programs already exist.
               These programs exhibit a variety of mapping uses, scales and methods.

                   The National Wetlands Inventory (NWI) is the only comprehensive watershedwide mapping
               system. However, NWI has shortcomings. Farmed nontidal wetlands are not included in the
               inventory. These maps exclude many unfarmed wetlands as well, especially the nontidal wetlands
               which constitute the majority of wetlands in the Bay watershed. The 1:24,000 scale of the NWI is
               difficult to use for local development planning and review. Maps are needed that can be overlaid
               with local maps and plans.

                   National Wetlands Inventory maps have been produced for all of Maryland, Pennsylvania, and
               Virginia by the US Fish and Wildlife Service. Maps produced with older black and white aerial
               photographs are less inclusive of all wetland types and sizes than those produced later with color
               infrared photographs. Maps in Virginia east of the 78th parallel are the most out dated NWI maps
               in the Bay watershed. Not all Chesapeake Bay NWI maps have been digitized, nor is NWI's
               MOSS format compatible with most other Bay area geographic information systems.


                                                          12








                     Maryland has produced Nontidal Wetlands Guidance Maps that are a composite of. SPOT
                 satellite images and National Wetlands Inventory (NWI) vector data. Map Image Processing
                 Systems (MIPS) is used by Maryland to store, access, and analyze digital image data for nontidal
                 wetlands and a wide variety of other purposes. MIPS is also used by Maryland's Tidal Wetlands
                 Program to store 1885 aerial photography at a scale of 1"=1000'. Maryland has committed to
                 using computer technology to effectively meet the requirements of the Chesapeake Bay Wetlands
                 Eolicy.

                     The agencies of the Commonwealth of Virginia have been working cooperatively in recent
                 years to complete the wetland mapping in Virginia and to update those maps in the coastal areas.
                 The ultimate goal is to have up to date and digitized maps of the entire state incorporated into the
                 Virginia digitized database to facilitate planning and protection efforts and track wetland losses and
                 gains.

                     The NWI has recently been revised for that portion. of Virginia west of the 78th parallel (195).
                 Ile VA Department of Conservation and Recreation has contracted with the US Fish and Wildlife
                 Service to digitize these new maps as well as begin the remapping and digitizing of Tidewater or
                 coastal Virginia. All digitized data will be made available to the resource and regulatory agencies of
                 the Commonwealth and the federal government.

                     NWI maps for Pennsylvania have been completed. To date, Pennsylvania has not developed a
                 statewide geographical information system.

                     Some local governments throughout the watershed have undertaken wetland inventory and
                 mapping programs to assist in land use planning and wetlands protection efforts. A number of
                 these local efforts are being conducted in response to state programs like the Maryland Critical
                 Areas Law, and the Virginia Chesapeake Bay Preservation Act criteria. In addition, the
                 watershed's local governments through their own initiative have undertaken additional wedand
                 mapping and inventory responsibilities, often in conjunction with other local governments and the
                 Soil and Water Conservation Districts.

                     Obtaining available maps and statistics is time consuming and difficult for users. Ile Bay
                 community lacks a clearinghouse for identifying mapping resources and needs. Many Bay
                 agencies invest in mapping products and GIS capabilities to meet specific agency needs. More
                 interagency coordination is needed to enhance the usefulness and economy of such efforts.

                     There is no comprehensive program to assess the functions of wetlands, to identify or monitor
                 direct, indirect or cumulative impacts, or to evaluate the effectiveness and need for specific
                 management techniques. 'Me limited information generated by the US Fish and Wildlife Service
                 about trends is dated and is not specific enough for state and local program planning and
                 evaluation. There are no plans for the Service to perform a new status and trends assessment.
                 With increasing urbanization in the Bay watershed, frequent updates of trends analyses are needed.

                     The Baltimore District Corps of Engineers has implemented a computer driven "Permit and
                 Enforcement System". This system is being used by the Philadelphia District and is scheduled to
                 be used by the Norfolk District to provide computerized information about permitted activities. The
                 state of Virginia maintains a pen-nit tracking database for tidal wetlands.

                     Pennsylvania uses a permit application tracking system (state data base called LUMIS) to
                 detern-dne status, turn-over time and location of applications requesting permission to impact
                 wetlands. The state of Maryland established a permit tracking data base in 1989 that monitors tidal
                 wetlands. Maryland will convert both its tidal and nontidal wetland permit tracking systems in
                 1991 to the RAMS software developed by the U.S. Army Corps of Engineers.


                                                              13









                  Alterations to wetlands that are permitted am not currently recorded in regionally comparable
              formats to summarize the magnitude of permitted activities and the potential impact those decisions
              have on Chesapeake Bay wetlands. Ile impact of past decisions are virtually unknown. The
              current inadequate and inaccessible data base weakens enforcement. In summary, current
              limitations of existing programs Baywide are incomplete data, data incompatibility among
              jurisdictions, inefficient access for multiple users, inadequate storage, and lack of analytical
              capabilities.









































                                                         14







          1=1ementation Tasks


          M 1. Develop and implement a ten year cyclic mapping program to map all tidal and nontidal
          wetlands in the Chesapeake Bay watershed at a scale and resolution needed to support the actions
          specified in the Policy. This program will result in the development of new mapping programs in
          some states but will require the updating of NWI maps and digitization of SCS hydric soils
          information at a minimum. Federal agencies and states will implement this mapping program on a
          schedule that correlates with individual state programs. Ile maps created are intended to provide
          more reliable indications of wedand locations. These and other maps should not be used to
          substitute for on the ground identification and delineation. This task will contribute to the
          accomplishment of Policy action [M(a)].

          Implementor          Implementation Task      Schedule

          Leack         a. Develop a regional ten year cyclic mapping
          Other         program for the Chesapeake Bay watershed
          States        wetlands. Recommendations will include an
          LGAC          assessment and report of existing mapping.
          FWS           programs, recommended actions, costs,
          SCS           responsible agencies and an implementation
          NOAA          schedule based on funding and manpower
                        objectives (see Task P2).        9/90->*

                        At a minimum, the mapping program will
                        provide for the updating of NWI and the
                        digitizing of SCS hydric soils information for
                        the purpose of overlaying these two sources of
                        information. Though the accuracy of the early
                        mapped dam will vary, the long range objective
                        of the program will be to produce maps with
                        one acre resolution for local and regional land
                        use planning and review. (As the technology
                        improves, the products will reflect revisions to
                        the minimum size mapped.)

                        Recommendations will include mapping
                        standards to allow exchange of information
                        among users and overlaying of wetland maps
                        with other resource and land use maps. The
                        long-term product will provide information
                        about wetland locations, types, acreage and
                        functions. This information will be provided in
                        a form that can be conveniently incorporated
                        with information about hydric soils location and
                        series names, adjacent steep slopes, and
                        erodible soils; perennial waterways; existing
                        land use; and other important natural features.

                        The mapped products will be accessible and
                        useful to local, state and federal public and
                        private users but will not be intended to
                        substitute for on the ground identification and
                        delineation.



                                    15








                (Above)                  b. Accomplish the mapping as agreed to in the
                                         mapping program developed in (a) above for the
                                         ten year cycle as resources permit..                 To be determined

                (Above)                  c. Make hard copy maps of current wetlands
                                         information accessible to the public (see Tasks
                                         E2 and E4c).                                         To be determined

                (Above)                  d. Establish a central clearinghouse to facilitate
                EPA-CBP                  access to existing and proposed federal, state
                                         and local aerial photographs of the Bay region.
                                         Produce a regularly updated list of the date,
                                         type, scale and agency in possession of the
                                         photography-                                               6/91



                M 2. Initiate a five year cyclic analysis of the status and trends of Bay watershed wetlands.
                Within the limits of the dam available, the analysis will provide a statistically valid description of
                changes in wetland locations, types, acreage and functions and the causes of those changes. This
                task includes the establishment of a baseline, development of an annual monitoring and inventory
                program and production of a five year status and trends assessment. This task will contribute to
                the accomplishment of kolicX actions [M(b,cde)].

                Lead:                    a. Define baseline conditions with which to
                FWS                      measure progress towards achieving net
                Other.                   resource. loss and gain.                                  9/90->*
                All
                                         1) Produce a summary report of existing
                                         information about Bay watershed wetland
                                         locations, types, acreages, functions and
                                         threats. The report will include information
                                         available about the following topics:

                                         - gains and losses of wetlands acreage and
                                         functions;
                                         - the sources and effects of direct, indirect and
                                         cumulative impacts, distinguishing the impacts
                                         of permitted and unregulated activities where
                                         possible;
                                         - extent and control of exotic species;
                                         - success and failure of restoration,
                                         rehabilitation and creation projects;
                                         - trends in wedand ownership;
                                         - endangered, threatened or rare species habitat;
                                         - significant, representative or unique wetland
                                         areas within watersheds;
                                         - wetland areas subject to high growth
                                         pressure;
                                         - regions of high historic wetland loss;
                                         - wetlands contiguous to other protected open
                                         space.                                                  9/90-12/90




                                                              16






                                          2) Define a baseline  .of Bay watershed wetland
                                          locations, types, acreages and functions which
                                          will be used to assess progress in achieving the
                                          Policy goals of no net loss and net resource gain
                                          (Task P5). Information about functions will be
                                          qualitative in nature. Ile baseline estimate
                                          should draw upon the best information and
                                          statistical sampling methods available at the time
                                          of its development. The definition should
                                          include a description of the limitations of the
                                          information and methods used.                             1/91-6/91

                                          3) Prepare a report describing the initial baseline
                                          that will be used in the, five year status and
                                          trends analysis in 1995.                                  6/91-12/91

                                          4) Produce a report describing a revised baseline
                                          estimate every five years in coordination with
                                          the five year status and trends assessment (Task          6/95-12/95
                                          M2c).                                                  every five years

                  Lead.-.                 b. Design and initiate a monitoring and                   6/90-9/91*
                  NOAA                    inventory program for Bay watershed wetlands.              3/92->
                  Other
                  AU
                                          1) Draft a prototype Baywide monitoring and
                                          inventory program. 11is prototype will provide
                                          information for developing state monitoring
                                          programs.                                                 6/90-9/91

                                          2) Incorporate applicable components of the
                                          prototype monitoring and inventory program
                                          into federal, state and local monitoring
                                          programs.                                                 9/91-3/92

                                          3) Conduct the monitoring and inventory
                                          program as resources permit.                               3/92->

                                          4) Produce annual monitoring reports. 'Me
                                          reports will summarize information from
                                          mapping, monitoring and permit tracking
                                          relevant to topics specified for the five year
                                          status and trends assessment in Task M2al.            9/92, every year

                  UA.                     c. Produce a statistically valid status and trends
                  FWS                     assessment every five years beginning in 1995.
                  Other.                  Ile reports will address the topics specified in
                  AR                      Task M2a L The assessment will take into
                                          account the limitations of the information and        1/95-6/95, every
                                          methods described in the baseline.                        five years





                                                                17








            M3. Provide an example of Policy implementation with the management of publicly owned
            wetlands in the Chesapeake Bay. This task will contribute to the accomplishment of all policy
            actions.

            Lead.               a. Identify locations, acreage, types and
            FWS                 management objectives for wetlands on all
            Other               federal, state, and where possible local
            States              government owned land in the Bay watershed.    3/91-3/93
            DC
            LGAC
            Federal

            (Above)             b. Evaluate effectiveness of agencies'
                                stewardship in achieving no net loss and net
                                resource gain goals and revise plans Mi
                                coordination with five year progress evaluation 6/95-12/95
                                (Task P5).                                  every five years





































                                                  18








                           2. HOLDING THE LINE: PROTECTING EXISTING WETLANDS



                 Chesapgake Bay Wetlands PQlicy


                     The following are the Chesa2cake BU Wetlands Policy commitments for protecting existing
                 wetlands in the A=ernent Commitment RQ=signed by the Chesapeake Executive Council:

                 'Watershed Management and Planning

                 0   The signatories to this agreement will use e)dsting programs and develop new programs to limit
                     permanent and irreversible, direct and indirect impacts to wetlands. Only in rare instances will
                     losses of wedand acreage orfunction be allowed or considered justifiable.

                 0   The signatories to this agreement will minimize indirect alterations within the watershed which
                     have the potential to adversely impact wetlands.

                 0   The signatories will imp lement management practices designed to reduce cumulative werland
                     losses.

                 .Actions:

                 [PW(a)]   The signatories agree to incorporate the principle of wetlands protection and the
                           management of other sensitive Chesapeake Bay living resource habitats into the various
                           strategies, policies and guidelines which will resultfrom Population Growth and
                           Development Commitments of the 1987 Bay Agreement.

                 [PW(b)]   To eliminate or minimize indirect impacts to wetlands, the signatories will coordinate
                           permitting and management programs and the use ofprotective buffers and other
                           techniques which serve to maintain irnportant andfunctional characteristics of wetlands.

                 [PW(c)]   The signatories agree to develop a Baywide planning processfor wetlands with the goal
                           ofprotecting wetlands and associated resources through innovative land use controls."

                 "Regulatory and Protection Standards

                     The signatories will, at a minimum, implement protection standardsfor those areas and
                     activities not adequately protected under Federal law and programs. These protection standards
                     will address, but not be limited to: enforcement, buffers, protection of basis wetland
                     functions, "best management practices," alternative actions, and water-dependent uses.

                 Actions:

                 [PR(a)]   Review the effectiveness of existing regulatory programs and recommend corrective
                           actions to honor the policy commitment and monitor and revise such programs as
                           necessary over time.

                 [PR(b)]   Where not otherwise in place, develop a projected implementation schedule by June 1990
                           to establish protection standards which honor the policy commitment.





                                                              19








               IPR(c)] Cooperatively develop a process to identify and protect wedand areas of special concern,
                         and consider, where appropriate, the institution ofprocedures under Section 404(c) of the
                         Clean Water Act.

               [PR(d)]   Work toward the development of a single Baywide field manualfor the delineation of
                         vegetated nontidal wetlands.

               [PR(e)]   Develop a guidance documentfor regulatory and protection standards."

               "Incentives

               ï¿½   The signatories will collectively develop and execute a range ofprivate sector incentive
                   programs which support werland protection.

               ï¿½   Government sanctioned program which are counterproductive to wetland protection will be
                   eliminated whenever possible.

               Actions:

               [PI]      Formulate and begin execution of an incentive policy implementation plan which, at a
                         minimum includes:

               [PI(a)]   Identifying state and Federal programs or policies which result in wetland losses and.
                         correcting program deficiencies.

               [PI(b)]   Enhancing existing incentive program to encourage wetland protection.

               [PI(c)]   Creating new incentive programs to encourage werland protection.

               [PI(d)]   Investigating the use oftenalties or other disincentives to reduce werland losses.

               "Land Acquisition

               0 The signatories will identifypnonty areasJor wedandpreservation.

               0 The signatories will providefor acquisition of landsJor the purpose of protecting significant
                   wedand values or the public's right to use and enjoy wetlands where such lands are a part of
                   acquisition programs a&ninistered by public agencies.

               Action:

               IPA]      Develop a strategic planfor land acquisition which includes wetlands and appropriate
                         adjacent uplands and aquatic areas as a part of new or ongoing public acquisition
                         programs.


               Current Pro=ms


                   In the past few years much has been done to improve the level of protection of wetlands in the
               jurisdictions of the signatories of the Chrsal2eake Bay Wetlands Policy. Regulatory programs have
               been reinforced with increased personnel, strengthened enforcement and continued education
               efforts by local, state and Weral agencies. The number of wetland protection programs at the local
               level is growing as the pressure on wetlands intensifies with increasing population growth and


                                                            20







                  development. L&gislation, regulations and policies on all jurisdictional levels are changing rapidly.
                  These changes reflect growing knowledge of wetlands and their management and protection needs.
                  Ile following is a summary of some of the gaps that remain despite current efforts.

                      Federal, state and local priorities for wetland management are notwell defined. Interagency
                  protection decisions, especially permit decisions, are therefore often difficult to predict by land
                  owners, planners and developers. Current programs for protecting existing wetlands focus on
                  short term and site specific management problems, without priorities for protecting and managing
                  larger resource systems and mom significant long term, cumulative threats. In general, current
                  protection and management efforts are focused on controlling direct impacts within jurisdictional
                  wetland boundaries.

                      Advance identification is a procedure authorized by the Federal Clean Water Act to identify, in
                  advance of individual permit requests, areas that are generally suitable or unsuitable for the deposit
                  of dredged or fill material. nis process has been applied only on a very limited basis in the
                  Chesapeake Bay watershed. Advance Identification and other planning tools such as Special Area
                  Management Plans could contribute to the accomplishment of Chesapeake Baj Wetland Policy
                  goals in every area, particularly in reducing the need, for and expense of permit review and
                  enforcement by providing advanced guidance. The urgent need to apply the limited funding and
                  personnel available to permit review and enforcement is the largest reason cited for not making
                  resources available for advance identification.

                      Section 404 of the Clean Water Act establishes federal authority to protect waters of the United
                  States (including tidal and nontidal wetlands) from the impacts of the discharge of dredged or fill
                  material. nis legislation does not require permits, for clear cutting wetland vegetation, drying up
                  wetlands by diverting or withdrawing water, or digging out wetlands unless a discharge is
                  involved. Ile Section 404 program Provides for general permits which currently may allow filling
                  of up to ten acres of isolated and headwater wetlands (wetlands adjacent to small streams.) Federal,
                  state and local protection efforts are weakened significantly because of the lack of personnel and
                  funds for enforcement.

                      Some of the activities impacting wetlands which are not addressed by federal laws are
                  addressed by Maryland!s state Critical Area 1"idal Wetlands and Wetland Protection laws.
                  Maryland's Nontidal Wetlands Protection Act is the first state wetlands statute with "no net loss,
                  and eventual resource gain" as the main goal. Regulations approved by the Maryland legislature
                  this year for the Nontidal Wetlands Protection Act will be implemented beginning in January 1991.
                  Maryland has been regulating the dredging, filling and alteration of tidal wetlands since the passage
                  of the Tidal Wetlands Act in 1971.

                      Pennsylvania regulates activities in wetlands under the authority of the Dam Safety and
                  Encroachments Act of 1978, and the rules and regulations developed pursuant to that Act found at
                  Title 25 Pennsylvania Code Chapter 105. These rules and regulations pTovide greater protection to
                  wetlands than the current federal program developed under the authority of the Clean Water Act.

                      Pennsylvania has implemented an aggressive wetland protection program which is guided by
                  the "Department of Environmental Resources Wetlands Protection Action Plan" which was issued
                  on September 19, 1988. That plan focuses on strengthening the existing program through
                  improved permit coordination, increased permit review and field enforcement staff, the creation of
                  an education and technical assistance program, and the adoption of the Federal Manual
                  IdgntiWng and Delineadng Jurisdictional Wetlands. Ile plan also cans for improvements to the
                  present regulations to clarify and further define the Commonwealth's role in wetlands regulations
                  and protection.




                                                              21








                    Since the passage of the Tidal Wetlands Act in 1972, Virginia has had a permit program for
                activities in tidal wetlands. Until recently Mirginia relied upon federal legislation for the protection
                of nontidal wetlands. The passage of legislation establishing the Chesapeake Bay Preservation Act
                will increase pmtection to tidal and nontidal wetlands in Tidewater Virginia. The Virginia Water
                Protection Permit Program will also increase Virginia's mle in protecting nontidal wetlands.

                    Many agricultural activities are exempt from federal and state regulatory programs. The major
                program addressing agricultural drainage of wetlands is the "Swampbuster" provision of the 1985
                Food Security Act (Farm Bill). Farmers who fill or drain wetlands and plant commodity crops are
                subject to loss of federal agricultural subsidies.

                    Though the ACE permit tracking system provides a start, existing permit tracking systems do
                not to provide information to assess the impacts of permitted activities, to facilitate coordination of
                approval and enforcement action among agencies, or to provide easier access for permit applicants
                to information about the status of their permits.

                    Regulatory and protection standards are not agreed upon among public agencies. Such
                agreements would increase consistency and ease of application for multiple reviewers and
                applicants in the Chesapeake Bay watershed. Innovative protection and management approaches
                are often discouraged because of lack of standards, manpower, and expertise to assess, follow up
                and enforce special conditions. Public works standards and other local development guidelines are
                often in conflict with resource protection goals and limiting to innovative management solutions.

                    A significant component of wetlands protection programs is a sound and usable method for
                detern-iining the location of these resources. As wetlands programs continue to develop within the
                Bay watershed, the use of a consistent methodology for identifying wetlands is an important goal.
                Ile Federal Manual foLldentif3dng and Delineating Jurisdicfional Wetlands ("Manual") was
                adopted in 1989 by the US Army Corps of Engineers, US Soil Conservation Service, US Fish and
                Wildlife Service, and the US Environmental Protection Agency to provide a consistent
                methodology for determining the location of wetlands. Pennsylvania and Maryland have adopted
                the Manual for the administration of their wetland regulatory programs. The Manual will continue
                to provide the methodology for the full range (5f wetlands determininations. However, as research
                and program development in the area of wetlands types and functions progress, refinements may
                be made to the relationship between various types of wetlands identified through the use of the
                Manual and specific wetlands program procedures.

                    The most visible incentives for wetlands protection am negative incentives such as penalties for
                permit violation. A significant exception is the conservation reserve program which pays farmers
                to take certain areas out of production including farmed wetlands and buffers around wetlands.
                Despite their innovation, programs such as tax incentives and transfers of development rights are
                not yet found in many areas of the Bay region.

                    Conservation easements are restrictions on the use of land for the purpose of preserving its
                natural features. Easements can be a very effective tool for wetland protection and also benefit the
                landowner who may receive monetary compensation or tax benefits for granting the easement.
                However, the success of conservation easements as a wetland protection tool is dependent upon
                the willingness of property owners to sell or donate their rights to develop their land. Public and
                private acquisition efforts often are not planned to reinforce each other to efficiently protect wetland
                systems.








                                                               22








                  Implementation Tasks


                  P1.     Develop technical guidelines for wetlands protection for land owners, developers and
                  regulators to use for the design and evaluation of regulated and unregulated activities. Substantial
                  efforts are already underway and proposed by the regulatory agencies in this task area. This task
                  will identify procedures that can be used to assess and ri-Anirnize the wedand impacts of proposed
                  prcjects and actions. This task will contribute to the accomplishment of the Policy actions [PR(a),
                  P(b) and PR(e)].

                  Implementor                        Implementation Task                         Schedule

                  Lead.                  a. Produce and distribute a wetlands protection
                  EPA M                  guidance document. Ile document will
                  Other.                 describe technical procedures for the design and
                  All                    evaluation of projects and actions potentially
                                         affecting wetlands. It will address the following
                                         elements of wetland protection at a minimum:
                                         buffers, protection of basic wetland functions,
                                         "best management practices," alternative
                                         actions, water dependent uses, long term
                                         maintenance, and enforcement. Protection               9/90-12/91*
                                         procedures may vary among jurisdictions.

                  (Above)                b. Use the guidance document developed in (a)
                                         above to evaluate proposed projects and actions.
                                         Recommend and take actions where feasible to
                                         implement the protection procedures.                      9/92->

                  (Above)                c. Evaluate effectiveness of the wetlands
                                         protection guidance document in (a) above in
                                         coordination with the five year program                 1995, every
                                         evaluation (Task P5).                                    five years

                  Lead.                  d. Produce or update a handbook similar to that
                  EPA M                  developed by the Environmental Law Institute
                  Other.                 for Pennsylvania and Maryland for use by
                  States                 citizens and local officials to summarize current
                                         wedand protection and management programs
                                         and to provide information about actions that
                                         can be taken at the local level to protect
                                         wetlands.                                            To be determined

                  Lead.                  e. Use the Federal-Manual for Identiff
                                                                                .)dng and
                  EPA III                Delineating Jurisdictional Wetlands as the
                  Other.                 technical basis for the consistent identification of
                  All                    wetlands in all Bay states and work to refine the
                                         relationship between various types of wetlands
                                         identified under the Manual and specific
                                         wetlands program procedures.                             12190->*






                                                              23








                P 2.    Identify a Bay wetlands protection strategy based on information about existing state and
                federal programs and the status of Bay wetlands. State and federal program priorities will be
                identified in the Bay strategy to provide guidance for targeting funds and regional actions to
                achieve the goals of the Chesapeake Bay Wetlands Policy. This task will contribute to the
                accomplishment of Policy actions [PW(c), PR(c), PA and CA(b).

                U.1d.                  a. Compile a description of existing state and
                VA                     federal programs and objectives for managing
                Other.                 and protecting wetlands in the Chesapeake Bay
                All                    watershed. Informatiocompiled will include
                                       identification of.

                                       1) program priorities,

                                       2) wetlands designated for special management
                                       actions such as restoration, rehabilitation and
                                       expansion (or established processes and criteria
                                       to identify such wetlands), and

                                       3) wetland resource management objectives.              9/90-6/91

                (Above)                b. Conduct demonstration watershed
                                       management projects in targeted areas to provide
                                       examples of Chesapcake Bay Wetlands Policy
                                       implementation.                                           9/90->*

                (Above)                c. Develop a Baywide wetlands management
                                       strategy based on existing state and federal
                                       management programs (Task P2a) and the
                                       summary of existing information about Bay
                                       wetlands (Task M20.                                    12/91-12/92*

                (Above)                dL Target Chesapcak Bay Wetland5 Poligy
                                       Implementation Plan tasks and funds to
                                       implement the Baywide wetlands management
                                       strategy.                                               1992-1995

                (Above)                e. Evaluate the adequacy, gaps, and linkages
                                       among existing regulatory programs to achieve
                                       the goals of the ChesaRcake Bay Wetlands
                                       Policy Report and implement improvements
                                       which are needed including recommended
                                       sources of funding.                                     1/92-12/92*

                (Above)                f. Revise state and federal management
                                       programs and objectives. and the Bay wetlands
                                       management strategy as part of the five year
                                       cyclic evaluation of progress towards achieving
                                       the goals of the Chesapcake Bay _W_&tlands
                                       Policy (Task P5). Evaluations will be based on
                                       the results of the annual and five year status and      1995, every
                                       trends reports (Task M2).                               five years







                 P3.     Coordinate with the Population Growth and Development Subcommittee to ensure the
                 incorporation of the principles of wetlands protection and the management of other sensitive
                 Chesapeake Bay living resource habitats into the various strategies, policies and guidelines which
                 will result from the Population Growth and Development Commitments of the 1987 Bay
                 Agreement. This task will contribute to accomplishing Policy action [PW(a)].

                 Lead.                  a. Coordinate with the Population Growth and
                 LRS                    Development Subcommittee to identify
                                        innovative and existing land use controls for
                                        wetlands protection and creation and ensure the
                                        incorporation of wetlands protection into
                                        Subcommittee proposals.                                9/90->*



                 P4.     Czeate a permit tracking system that will provide information for an assessment of the
                 cumulative impacts of permitted activities. This system should be accessible to all state and local
                 regulators and should include information about predeveloped conditions, actions taken and
                 resulting impacts that can be used to follow up protection and mitigation actions. This task will
                 contribute to accomplishing Policy actions [M(f), PW(b)].

                 L.ea&-                 a. Investigate the usefulness of the NMFS,
                 ACE-B                  ACE and other.regional permit tracking systems
                 Other.                 as a foundation for networking federal, state and
                 States                 local data collection, analysis, and access. The
                 LGAC                   tracking system should provide information
                 EPA III                about types of wetlands, acreage, location, kind
                 FWS                    of impacts, mitigation, violations and
                 NOAA                   enforcement actions.                                 9/90-12/90*

                 (Above)                b. Initiate or refine federaL state and local
                                        permit tracking programs to increase
                                        compatibility as resources penrAL                    1/91-12/91

                 (Above)                c. Produce a report of data for inclusion in the
                                        annual and five year status and trends reports
                                        (Task P5).                                         6/92, every year



                 PIS.   Provide an annual and five year evaluation of progress towards accomplishing the
                 Chesapeake Bay WetlandS Policy goals based on the results. of the annual and five year status and
                 trends reports produced with Task-M2.

                 Lead-                  a. Produce an annual report of progress in
                 EPA-CBP                accomplishing the Chesapeake Bay Wetlands
                 Other                  RaUmgoals as part of the annual Chesapcake
                 LGAC                   Bay Progorn Pro=ss Report. The report will
                 LRS                    be a summary of reports from separate program
                                        areas including annual monitoring results
                                        (WM).                                              12/90, every year





                                                            25








            (Above)             b. Produce a five year summary of progress in
                                accomplishing the ChesUeake BU Wetlands
                                Policy goals based on the results of the five year
                                status and trends reports produced with Task
                                M2. Present the report to the Chesapeake    12/95, every
                                Executive Council.                           five years

            (Above)             c. Examine adequacy, gaps, and linkages
                                among existing programs to achieve the goals of
                                the Chesapeake Bay Wetlands Policy. Outline
                                and implement improvements to regulatory and
                                nonregulatory programs which will accomplish
                                Policy goals. Provide a report of program
                                evaluations and recommended improvements,
                                including recommended sources of funding (see
                                P2e).                                        1/92-12/92








































                                                 26







                  3. BUILDING THE BASE: REHABILITATING, RESTORING AND CREATING
                                                            WETLANDS



                  Chesapcake Bay Wetlands Pglify


                     The following are the Ches=ake Bay Wetlands Polic commitments for rehabilitating,
                  restoring, and creating wetlands in the A=ement Commitment Roort signed by the Chesapeake
                  Executive Council:

                  "Mitigation

                  0  Mitigation will be includedfor any project conducted by or subject to review or approval by the
                     st.gnatories.

                  0  Compensatory mitigation shall proceedfrom the presumption that "in kind, on site" is the
                     preferred solution ,. Other solutions, including off site and out of kind mitigation, will only be
                     allowed when acceptable to public/government agencies and performed in the context of
                     watershed management planning or other specific objectives.

                     The signatories shall require that compensatory mitigation projects incorporate public or private
                     arrangementsfor long-term management.

                     Compensation projects will generally be designed and evaluated cooperatively among project
                     sponsors, the signatories, and appropriate public and private entities.

                     Monitoring and evaluation of the success of compensatory mitigation replacement projects shall
                     be incorporated by the signatories as afundwriental part of the mitigation process.

                  Actions:

                  1CV1 . The Federal signatory, in consultation with appropriate government agencies, will
                           develop updated standards and criteria in compliance with the overall wvdand protection
                           goals and specific mitigation policies incorporating state-of-the-art technological,
                           ecological and biological applications."

                  "Incentives

                     The signatories will collectively develop and execute a range ofprivare sector incentive
                     programs which encourage rehabilitation, restoration, and creation of wetlands.

                  Actions:

                  [C1]     Formulate and begin execution of an inventive policy implementation plan which, at a
                           minimum, includes:

                  [CIB(a)] Enhancing existing incentive programs to encourage the rehabilitation, restoration and
                           creation of wetlands.

                  [Cl(b)] Creating new incentive programs to encourage rehabilitation, restoration, and creation of
                           wetlands."




                                                             27








              "Land Acquisition

                  The signatories willfacilitate acquisition of landsfor wedand rehabilitation, restoration, and
                  creation projects beyond that achieved through compensatory mitigation.

              Actions:

              [CA(a)] Develop criteriafor the identification of areas where rehabilitation, restoration and
                        creation projects can be undertaken.

              [CA(b)] Develop a plan for the acquisition of land and property interest in areas where wetlands
                        rehabilitation, restoration and creation projects will be undertaken."


              Current Prognms


                  All three Bay states require some mitigation for unavoidable permitted u*npacts to tidal
              wetlands. Policies to require mitigation for permitted impacts to nontidal wetlands have been
              developed in Maryland and Pennsylvania and are under consideration in Virginia. However,
              mitigation is still not required for many regulated activities which result in wetland impacts. When
              mitigation is requireA clear guidance is not established for either regulatory agencies or regulated
              communities.

                  'ne inexact science of freshwater wetland restoration and creation often results in unsuccessful
              attempts at mitigation, frequently provides little insight into appropriate management strategies and
              frequently makes it difficult to determine whether a project is successful. Closer monitoring of
              current and future projects is needed to address this lack of scientific knowledge and technical
              skills. As our body of knowledge and skills expands, it should provide the basis for a continual
              evolution in appropriate protection programs.

                  Investments in restoration, rehabilitation and creation are discouraged by institutional barriers,
              lack of access to suitable sites and lack of experience and success with wetland restoration and
              creation technology. In addition to these negative incentives, few positive incentives exist to
              encourage efforts to achieve net resource gain.

                  Existing incentive and land acquisition programs are insufficient because they do not
              specifically target money for wetland restoration, rehabilitation and creation efforts, nor do they
              offer clear policy guidance. Incentive and acquisition programs should be strengthened to take
              advantage of the best opportunities for successful restoration and rehabilitation projects. This
              effort would contribute significantly to a net resource gain in wetland resources.














                                                          28








                   Implementation Tasks


                   C 1. Develop and implement a replacement mitigation program for wetland impacts.
                   Replacement mitigation shall be defined as the construction, restoration or enhancement of wetland
                   acreage and function to mitigate for wetland impacts that cannot be avoided, minimized, rectified or
                   reduced. Ile mitigation program will incorporate the technical guidance established for protecting
                   existing wetlands (Task Pl). This task will contribute to the accomplishment of Policy action
                   [CM].

                   Implementor                          Implementation       Task                     Schedule

                   Lead:                   a. Develop advisory criteria for review and
                   FWS                     approval of mitigation plans. Criteria will
                   Other.                  incorporate wetland functional analysis and
                   States                  acreage calculations for wetland impacts using a
                   DC                      model as specified in task (b) below.
                   Federal                                                                          10/90-12/91

                   Lead.                   b. Develop and adopt a wetland assessment
                   MD                      model to determine the wetland functions which
                   Other.                  are being affected by proposed work. The
                   (Above)                 model should be developed to maintain
                                           consistency in the application of functional
                                           assessment analysis.                                       10/91-6/92

                   Lead.                   c. Investigate the feasibility of a system for.
                   FWS                     requiring and using a fee (impact, application,
                   Other.                  etc.) when peffnit applicants are not required to
                   (Above)                 conduct replacement mitigation or when
                                           applicants are required to conduct replacement
                                           mitigation at a replacement ratio less than 1: 1
                                           according to federal and state permit
                                           requirements.                                          To be detem-iined

                   (Above)                 d. Each of the states and federal agencies will.
                                           evaluate procedures for public review of and
                                           comment on compensatory mitigation.
                                           Recommend and adopt improvements as
                                           appropnate.                                                1/92-12/92



                   C2.    Formulate and begin execution of incentive programs to achieve no net loss and net
                   resource gain. This task will contribute to the accomplishment of Policy action [Cl].

                   Leach                   a. Prepare an inventory report of all existing
                   PA                      and potential incentives for wetland protection,
                   Other                   restoration, rehabilitation and creation.
                   All                                                                                9/90-9/91






                                                                 29








              (Above)                b. Each state and federal agency will review
                                     existing programs to make recommendations
                                     about how incentives idendfied above can be
                                     incorporated. Provide a report of
                                     recommendations.                                     9/91-12/91

              (Above)                c. Institute recommendations above as
                                     appropriate and make information about
                                     incentives available to the organizations targeted
                                     by them.                                          To be determined



              C3.     Develop a land acquisition program that builds upon current acquisition programs where
              they exist. The program will use the Bay and state management strategies for the identification of
              areas when acquisition for protection, rehabilitation, restoration and creation projects can be
              undertaken. (See Task P2.) The program will support protection programs for purposes of "no net
              loss", but will provide a more important role in contributing to "net resource gain" by identifying
              and providing opportunities for wetland creation. This task will contribute to the accomplishment
              of Pglicy action [CA].

              Leack                  a. Prepare an inventory of all existing and
              PA                     potential land acquisition programs for wetlands
              Others:                protection, restoration, rehabilitation, and
              All                    creation.                                            1/91-12/91

              (Above)                b. Review and recommend improvements to
                                     acquisition programs for wetland protection,
                                     restoration, rehabilitation and creation in regard
                                     to the implementation of the Bay and state
                                     wetland management objectives identified with
                                     Task P2.                                              1/92-9/92

              (Above)                c. Institute recommended changes where
                                     feasible to implement Bay and state wetland
                                     management objectives.                            To be determined

              (Above)                d. Reevaluate program effectiveness in
                                     coordination with annual and five year Bay
                                     program reassessment (Task P5).                   To be determined















                                                         30








                                        4. EXTENDING THE VISION: EDUCATION



                  Chr,saRgake Bay Wetlands Policy


                      The following are the ChesiWeake BU Wetlands Polic commitments for education in the
                  Ag=ment Conunitment R= signed by the Chesapeake Executive Council:

                      "Develop and maintain ongoing education and training program, technical assistance services,
                      and wetland data base systems to improve our understanding of wetland values, functions,
                      management techniques, status, and trends.

                   Actions:

                   [E]      Fomiulate and begin execution of an education plan which, at a minimum, includes:

                   [E(a)]   A current infor7nation program available to the public on the values of and need to protect
                            wetlands.

                   [E(b)]   Development of a Baywide library system and data basefor wettand information.

                   [E(c)]   Technical training programs for government representatives, consultants, land developers
                            and interested parties in the areas of wedand ident@flcation, delineation, functional
                            assessment, and mitigation practices.

                   IE(d)]   Development of technical assistance program to support local government protection
                            efforts, including mapping, management programs, model ordinances, etc.

                   [E(e)]   Development of wettand curricula for academic institutions."


                  Current Programs


                      Many existing programs contribute or have the potential to contribute to die accomplishment of
                  the Chesapcake Bay Wetlands Policy education objectives. These private and public efforts ,
                  effectively accomplish specific audience needs. The following is a summary of some of the gaps
                  left by existing programs for accomplishing the education objectives of the Policy.

                      'Me "most frequent and urgent request for education and information about wetlands is for
                  current information about wetland locations, values and management requirements. 'Me only
                  comprehensive inventory of wetlands, the National Wetlands Inventory (NWI), fails to provide
                  complete information about wetland locations. Ile maps most frequently used to provide
                  information about wetlands for local development planning, the Soil Conservation Service 5DIt
                  Survey%. are not designed to provide information about wetlands and are of a scale and format that
                  is difficult to overlay with other mapped information. Programs are not developed in the Bay states
                  to collect or analyze the data available to deten-nine wetlands trends and threats. Information about
                  wedand regulations and management techniques is also difficult to collect and interpreL

                      The State of Maryland has been offering workshops for several years about wetlands values,
                  the Cowardin classification system, and how to identify and delineate nontidal wetlands. The
                  workshops have been open to local planners, consultants, and other government personnel. The


                                                               31








               State has also developed a certification program to ensure uniform and professional standards.  An
               exam has been developed for this program which will be given in the spring. Ile State of
               Maryland has put together a Nontidal Wetlands Public Information Package designed with the
               general public as the target audience. The package explains the values of nontidal wetland
               regulations. The package is designed so that it can be used in its entirety for group presentations,
               workshops, or classes, or parts of the package can be used to meet specific education or
               information needs and requests. The package includes various fact sheets, each of which is geared
               toward a specific target audience (i.e. agriculture, forestry, property owner, developer). Also
               included in the package is information on the values of nontidal wetlands, the Nontidal Wetlands
               Protection Act@ and the State Nontidal Wetlands Program

                  The federal agencies have begun a coordinated training program for delineation of wetlands
               within the Bay states, but additional interagency coordination for education and training is needed.
               Opportunities for combining resources and reinforcing separate agency efforts are often not taken,
               leaving many gaps in topics covered and audiences served. Most audiences and educators are
               unaware of what materials and programs are available for education about wetlands. No complete
               inventory of such information exists.

                  The demand for technical training and education far exceeds that currently available. Courses
               offered by the private sector are often prohibitively expensive and inconveniently located for public
               and private sector audiences with limited budgets. Privately sponsored courses may also present
               infon-nation that is not consistent with public policy. Most training is limited to delineation topics;
               very few programs address more complex topics such as wetland assessment, management and
               creation.

                  There is a growing unmet need to provide on site technical assistance for land owners and
               managers. The specialized assistance available through each public agency is frequently not
               adequate for providing integrated assessments of management problems and opportunities. The
               shortage of personnel is a major factor limiting agency capabilities to respond to current requests
               for assistance. Additional coordination among agencies is needed to utilize existing program
               capabilities more efficiently.

                  Standards for technical wb&g and advanced education in wetland science are not established.
               The result is lack of guidance for program planning as well as lack of criteria for assessing
               professional credentials.

                  Examples of successful wetland management and associated benefits and other positive
               incentives for wetlands protection and creation are not emphasized by existing programs.
               Although experiential education programs are the most popular among audiences and educators,
               too few wetland sites are managed for citizen education, particularly near urban areas.

                  The importance of watershed land use management by local governments for wetland
               protection, the effects of indirect and cumulative impacts and the nature and importance of non-fidal
               wetlands are not well addressed by existing education and information programs. Educational
               materials about these topics are needed.










                                                          32







              Implementation Tasks


              El.    Develop programs to provide current information to the public about Bay wetlands values
              and protection needs. This task will contribute to the accomplishment of Policy action [E(a)].
              Implementor                   Implementation Task                 Schedule

              Lea&-               a. Produce film and slide shows to provide
              ACE-N               information about the multiple values of and
              Other               threats to tidal and nontidal wetlands of the
              All                 Chesapeake Bay, and the importance of land use
                                  planning for wetland protection. The shows
                                  will be designed for use in professional
                                  meetings, training seminars, school classes and
                                  media programs.                               10/90-9/9 1

              (Above)             b. Designate a lead agency in each state and a
                                  lead for the federal agencies to investigate and
                                  provide greater opportunities for the public tcy
                                  experience wetland values and management first
                                  hand with outdoorrecreation, educational tours
                                  and exhibits. Participation ftom the private
                                  sector should be encouraged. The following
                                  actions should be considered.

                                  1) Where needed acquire and maintain access to
                                  local wetland sites for public education and
                                  recreation.

                                   Work with local governments and interest
                                  groups to identify potential sites and costs for
                                  acquisition.
                                  - Identify sources of funding for public access
                                  and maintenance.
                                   Design outdoor exhibits to educate audiences
                                  about the value of wetlands and actions the
                                  audience can take to protect them.
                                   Schedule guided tours and workshops in local
                                  wetlands with the state wetland training
                                  coordinator (Task E3 below) for targeted
                                  audiences.
                                   Coordinate with volunteer organizations to
                                  contribute to site maintenance. Investigate
                                  school internship programs for maintenance
                                  manpower.
                                   Expand the Chesapeake Bay Public Access
                                  fjU& to include a wetland category that will
                                  guide the public to established wetland exhibits
                                  and attractions.








                                                   33









                                                                                                                        T


                                       2) Support private and public programs to
                                       conduct guided field trips in the Chesapeake
                                       Bay watersheds to expose targeted audiences to
                                       the broad policy issues associated with tidal and
                                       nontidal wetlands protection and management.
                                       3) Expand or create wetlands exhibits at zoos,
                                       science centers, aquariums and museums to
                                       provide more hands on demonstrations of
                                       wetlands values and other wetlands topics.
                                       Develop program messages. Meet with
                                       program directors to discuss messages and
                                       existing program models.

                                       4) Recommend the expansion of th    e National
                                       Estuarine Research Reserve System program to
                                       include nontidal wetlands in the Chesapeake               To be
                                       Bay watershed.                                        determined*

               Lead:                   c. Take appropriate measures to facilitate public
               LRS                     input into the implementation of all tasks in the
               Other                   Flo. Maintain a mailing list of interested
               CAC                     citizens. Provide notification of Wetland
                                       Workgroup meetings, task reports and other
                                       information about implementation of the Policy.
                                       Make copies of all reports produced through
                                       Plan tasks available to the Chesapeake Bay
                                       Liaison Office for circulation.                         10/90->*



               E2.     Develop a Baywide library system and data base for wedand information. This task will
               contribute to the accomplishment of Policy action [E(b)].

               Lead.                   a. Work with Bay wetland data users and
               EPA-CBP                 providers on a continuing basis to iden*
               Other.                  information availability and needs, how and
               All                     where data should be stored and accessed and
                                       how the information system will be funded and
                                       maintained.                                             12/90->*

               (Above)                 b. Implement recommendations as feasible and
                                       appropriate.                                             6/91->



               E3.     Formulate and begin execution of technical training programs for government
               representatives, consultants, land developers and interested parties in the areas of wetland
               identification, delineation, functional assessment, mitigation and creation practices. This task will
               contribute to the accomplishment of Policy action [E(c)].






                                                            34







                   Lead:-                   a. Employ or designate state wedand training
                   EPA III                  and technical assistance coordinators to work
                   Other                    with local, state and federal agencies and interest
                   States                   groups on a continuing basis. Coordinators will
                   LGAC                     assist interested parties to:
                   LRS                                                                                    10/90->*

                                            1) Identify training and assistance needs.                  10/90- lZ190

                                            2) Develop training schedules and identify sites
                                            for training sessions in identification,
                                            delineation, assessment and management.                      1/91-3/91

                                            3) Develop recommendations for assistance to
                                            support local management efforts.                               3/91

                                            4) Administer training programs-                               3/91->

                                            5) Make recommendations about the desirability
                                            and method for the adoption of a common set of
                                            standards for certification and certification tests
                                            for wetland managers in the Bay states.                 To be determined

                   Lead.                    b. Designate appropriate federal agency trainers
                   EPA 191                  to assist in the production of training programs.
                   Other                    (See (a) above.)
                   LRS
                   Federal                                                                           3/9 1, every year*

                   Lead:-                   c. Where feasible, adopt certification standards
                   EPA III                  and programs.
                   States
                   Federal                                                                          To be determined



                   E4.     Develop technical assistance programs to support local government protection efforts,
                   including mapping, management programs and model ordinances. This task will contribute to the
                   accomplishment of Polic action [E(d)].

                   Leact                    a. Develop and exchange information with
                   LGAC                     other agencies about existing local technical
                   Other.                   assistance needs and services to increase
                   States                   coordination of federal, state and local
                   Federal                  assistance efforts.                                          12/90->*

                   (Above)                  b. Implement the recommendations regarding
                                            local assistance developed in Tasks E3a3 and                   To be
                                            E4a (above) as appropriate.                                determined*







                                                                  35








                (Above)                 c. Establish and maintain central sources of
                                        information to provide the public with
                                        information about wetland values and
                                        management needs, state wetland maps and
                                        statistics, summaries of existing regulations and
                                        protection programs and indexes to wetland
                                        education materials and current research.               9/90-3/91

                                        1) Assign the responsibility of providing a
                                        central source of information about wetlands to
                                        a lead state agency in each state.                         9/90

                                        2) Identify funding mechanisms to make
                                        mapped wetlands information available to local,
                                        state and regional users. Consideration should
                                        be given to charging a small fee for maps.               12/90-3/91



                E5.     Develop wetland curricula for educational institutions in the Bay watershed. This task will
                contribute to the accomplishment of Policy action [E(e)].

                Lead:                   a. Work with local and state public school
                FWS                     educators to develop wetland curricula for
                Other                   public schools. Successful examples such as
                S tates                 Maryland's Patapsco River School Action
                DC                      Project should be considered for expansion to
                PIES                    include a wetland component. 11is curriculum
                                        emphasizes watershed concepts and the
                                        importance of individual action for resource
                                        protection.                                              3/92-6/92

                (Above)                 b. Work with federal and state wetland
                                        managers and college and university educators
                                        to develop curricula about wetland topics for
                                        institutions of higher learning and requirements
                                        for a wetlands science major.                            3/92-6/92

                (Above)                 c. Develop a packaged curriculum about
                                        wetlands in the Chesapeake Bay watershed for
                                        optional use by schools based on the
                                        recommendation resulting from (a) and (b)
                                        above.                                                   6/92-12/92














                                                             36








                                         S. EXTENDING THE VISION: RESEARCH


                  ChesaRcake Bay Wedands Policy


                      The following are the Chesapcakr, Bay Wet] andaYIfficy-commitments for research in the
                  A&=ment Commitment Rc2gmsigned by the Chesapeake Executive Council:

                  ï¿½ #The signatories to this agreement will, to the extent possible, facilitate the undertaking of
                      research projects which have the potential to improve wedand management.

                  ï¿½   The signatories will evaluate and adjust their wetland management practices and regulatory
                      standards such that they rej7ectprinciples validated through scientific research.

                  Action:

                  [R]       The signatories will collectively update a prioritized listing and description of those
                            research projects which offer significant opponunities for improving wetland
                            management practices. At a minimurn, the research plan shall consider thefollowing:

                  [R(a)]    Continued research of basic wetland structure andfiinction.

                  [R(b)]    Research to quantify the relationship between upland, wedand, and aquatic natural
                            processes including chemical, ecological, geomorphological and hydrological processes
                            in various watersheds.

                  /R(c)]    Evaluation of the potential individual and cumulative effects thefollowing factors have
                            upon wetlands including:

                             Current "best managementpractices" designed to reduce nutrient and sedfrnent loads to
                            wetlands.
                            - Alteration of the land1water interface.
                            - Increased boating activity.
                            - Shallow water dredging impacts on biologic and hydrologicfunctions of wetlands.
                            - Structural shore erosion practices.
                            - Stormwater management practices.

                  [R(d)]    Evaluation of the design, effectiveness and success of artificial wetlands including those
                            developedfor:

                            - Compensatory mitigation.
                            - Wildlife and waterfowl improvement projects.
                            - Non-structural shore erosion control.
                            - Stormwater management.
                            - Acid mine drainage reduction.
                            - Wastewater treatment.

                  [R(e)]    Comparison of natural and artificial wetlands.

                  [Ro       Research on the potential mitigative measures which could be used to counteract wedand
                            loses due to acid rain, sediment starvation, sea level rise, and invasion of exotic species.




                                                               37








                [R(g)] Studies investigating thefeasibility and effects of wetlands createdfor stormwater
                          ?nanagement upon other wetlandfiinctions, particularly with regard tofish and wildlife
                          habitat and trophic structure and support."


                Current Progmms


                    Research is by its nature is a dynamic undertaking. As understanding of natural systems such
                as wetlands advances, new problems are constantly identified and needs for additional information
                change. This implies a need for a continuing, comprehensive reevaluation of the priorities for
                research efforts. In recognition of this reality, one time efforts to prioritize research efforts can be
                viewed as futile, or at least doomed to very brief useful lifespans. To ensure that the focus of
                wedand research efforts in the Chesapeake Bay region remains appropriate to the needs of the
                management programs, it will be necessary to constantly review those efforts and reevaluate
                priorities for future work.

                    A Comprehensive Research Plan was adopted by the Executive Council in July 1988. Under
                that plan, the Research Planning Advisory Group of the Scientific and Technical Advisory
                Committee has as one of its responsibilities the development and annual updating of a list of overall
                research priorities. To perform this task the Advisory Group contacts each Chesapeake Bay
                component to determine the research needs of managers. The Advisory Group does not have
                responsibility for linking research priorities with research support, but that topic is currently under
                discussion by the Group.

                    The effort to prioritize wetlands research will be effective only to the extent that it directs
                support for research. Projects which address high priority information needs must receive similar
                priority in funding if the research goals of the Chesapeake Bay WetlandLEghg
                                                                                               ,y-are to be achieved
                Implementation of the Policy requires first and foremost, the establishment of a process for
                interdisciplinary exchange to establish priorities for wedand specific research and to link those
                priorities to funding on a continuing basis.






















                                                            38







                 Implementation Tasks


                 R 1. Establish a process by which wetlands research in the Chesapeake Bay region can be
                 inventoried, evaluated and dirrcted toward the goals of the Chesa=ke Bay Wetlands Policy. It is
                 essential that representatives of all of the following three interest groups participate: 1) researchers,
                 2) managers/regulators including federal, state and local agency personnel representing major land
                 use concerns such as forestry, agriculture, and economic development and 3) funding agencies.
                 This task will contribute to accomplishment of Policy action [R].

                 Implementor                     Implementation Task                     Schedule

                 Lead.                a. Request that a Bay organization such as the
                 VA                   Scientific Technical Advisory Committee or
                 Other                other Bay organization schedule and organize
                 LRS                  research planning surveys and/or meetings; the
                                      preparation of inventories produced with task
                                      R I b; and the production of a report of research
                                      priorities identified with Tasks Rlc (below).         10/90

                 Lead.                b. Inventory information needed toconduct this
                 VA                   task including the following:
                 Other
                 All                  1) Inventory of ongoing and recently completed
                                      research including a summary of findings in
                                      each of the seven categories of research
                                      specified in the Chesapcake Bay -W
                                                                       &tlands
                                      Policy (See pages 36 and 37 of the Flo.)
                                      Research information in each of the seven
                                      categories should be further subdivided based
                                      on physical or biological characteristics (e.g.
                                      tidal wetlands-euhaline, mesohaline, oligohaline
                                      and tidal freshwater, extensive, fringing,
                                      shrub/scrub, open water, etc., riparian and
                                      isolated.)

                                      2) Inventory of wetlands management issues,
                                      including identification of specific information
                                      needs.

                                      .3) Inventory of wetlands research funding
                                      programs, including identification of funding
                                      program objectives. This inventory will review    9/90-3/91,
                                      activities in each of the focus areas of the Plan. every two years

                 Lead-                c. Distribute inventories generated in Rlb
                 VA                   (above) to participants identified in Rl. Survey
                 Other                and/or convene participants as needed to review
                 All                  and prioritize proposed projects on the basis of
                                      management needs, and transfer those priorities      9/91,
                                      to funding program planning.                    every two years





                                                         39








                                     d. Develop and implement procedures to ensure
                                     that information about research and funding
                                     generated by previous tasks is made available to
                                     wedand managers in a timely and useful
                                     manner. (See Tasks E2 and E4c.)                      9/91->















































                                                        40








                  CHAPTER IV. FINANCING



                     Several federal and state agencies have some funds, staff and other resources dedicated to
                  existing wetlands protection programs which affect tidal and nontidal wetlands located within the
                  Bay watershed. One purpose of the EIM is to target these limited resources to improve the
                  protection provided. Ile ELm also identifies additional efforts that are necessary to achieve the
                  goals of the Chesapeake Bay Wetlands Policy. The availability of funds will significantly
                  influence the pace at which these tasks can be carried out.

                     In preparing the Elan, the Workgroup outlined fun ding needs for initial Plan tasks during years
                  1990-1992. Most of the tasks carried out within this time period involve one time costs for task
                  completion within one to two years. These initial tasks will provide the foundation for future
                  actions and will require coordination among state and federal agencies.

                     Short term tasks scheduled through 1992 will cost approximately $400,000 annually. 'Mis
                  estimate does not include agency staff time and other inkind support. The plan proposed for this
                  funding is for federal and state, agencies to provide approximately half of the funds through
                  existing program budgets and for the remaining half to be requested from the Chesapeake Bay
                  Program budget. Funds for long term implementation after 1992 are being sought from new
                  sources including congressional action. The rate of implementation progress depends on the
                  availability of funds.






























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                    GLOSSARY OF IMPLEMENTORS





         ACE-B       US Army Corps of Engineers - Baltimore District
         ACE-N       US Army Corps of Engineers - Norfolk District
         CAC         Citizens Advisory Committee - Chesapeake Bay Program
         DC          District of Columbia
         EPA-CBP     US Environmental Protection Agency - Chesapeake Bay
                     Program
         EPA-III     US Environmental Protection Agency - Region III
         Federal     Federal agencies (ACE-B,ACE-N,EPA-CBP,EPA-III,
                     FWS,NNTS,NMFS,NOAA,SCS)
         FWS         US Fish and Wildlife Service
         LGAC        Local Government Advisory Committee - Chesapeake Bay
                     Program
         LRS         Living Resources Subcommittee - Chesapeake Bay Program
         MD          Maryland state agencies
         NMFS        National Marine Fisheries Service
         NOAA        National Oceanic and Atmospheric Administration
         PA          Pennsylvania state agencies
         PIES        Public Information and Education Subcommittee -
                     Chesapeake Bay Program
         SCS         US Soil Conservation Service
         States      State agencies in Maryland, Pennsylvania and Virginia
         VA          Virginia state agencies
                                                 RV
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