Wetlands Primer
By
Barbara B. Beall, PWS,
The Chazen Companies
bbeall@chazencompanies.com
Prepared for a presentation at “Wetlands: Capacity
Building for New York Land Trusts”
Wetlands
are transitional ecosystems between uplands and open waters.
As such, their boundaries are defined more by regulatory programs
than by nature. The overwhelming characteristic in a wetland
is the presence of water. This water drives the characteristics
of the soils in the wetlands and the vegetation in the wetland.
As a result, the federal government and state government utilize
specific field indicators for vegetation, soils and hydrology
to identify wetlands in the field.
The NYSDEC
regulatory program pre-maps wetlands that they will regulate that
are 12.4 acres in size or larger, or other smaller wetlands with
significant local importance. These regulatory maps illustrate
where the wetlands are likely to be found, but state regulatory
personnel are responsible for establishing the exact boundary
in the field. The regulators typically rely heavily on wetland
vegetation for identifying this boundary. The NYSDEC regulations
for Freshwater Wetlands Mapping and Classification are found at
6 NYCRR Part 664. A 100-foot buffer is established around the
wetlands boundary and is also regulated by the NYSDEC.
The federal
regulatory program regulates wetlands of any size that are tied
to interstate commerce. The term wetland is defined in the federal
regulations as “those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas”. A standing wetland scientist joke is:
“Everybody knows what swamps, marshes and bogs are…it’s those
‘similar areas” that cause the problems”.
Federal wetlands
are delineated in the field using the US Army Corps of Engineers
1987 Manual. This manual establishes field criteria for three
parameters – soils, vegetation and hydrology. Indicators for
all three parameters must be present for an area to be identified
as a wetland. For a good discussion of these parameters, see
www.wetlandsforum.org, “Wetland Words
and What they Mean” for vegetation, hydrology and soils.
All wetlands
are not created equal. The functions and values a wetland will
provide depend upon the wetland’s landscape position, its vegetative
community, soil substrate, types of surrounding land use and level
of disturbance within the wetland. Wetland functions are those
physical, chemical and biological characteristics of a wetland,
or what a wetland does. Values are those characteristics that
are important to society. Common functions and values that are
reviewed for wetlands include groundwater recharge, ground water
discharge, flood flow alteration, sediment stabilization, sediment/toxicant
retention, nutrient removal/transformation, production export,
wildlife diversity/abundance, aquatic diversity/abundance, uniqueness/heritage,
and recreation. There are a variety of assessment methodologies
available for evaluating a wetland’s functions and values. These
include WET, HGM, HEP, and others. Most techniques do a good
job of identifying or qualifying the functions and values, but
a poor job of quantifying or measuring the amount of function
provided.
Under the
federal regulatory program, the US Army Corps of Engineers (ACOE)
regulates work or structures in navigable waters of the United
States, and regulates the discharge of dredged or fill material
(broadly defined) in all waters of the United States with an interstate
commerce clause connection (i.e., not “isolated” wetlands)[1].
The federal
regulatory program basically uses two types of permits to authorize
activities in wetlands. The nationwide permits generally authorize
minor types of work in wetlands, generally with impacts less than
0.5 acres. The individual permits are needed for work with greater
than 0.5 acre of impacts. Under both regulatory reviews, the
applicant must demonstrate that the project has avoided, minimized
and mitigated impacts to wetlands to the maximum extent practicable,
although the stringency of the review is typically stronger under
the individual permit review. The applicant must also demonstrate
that they have complied with all associated regulatory reviews
including compliance with endangered species review, National
Historic Preservation Act, FEMA regulations, Wild and Scenic Rivers,
and Section 401 of the Clean Water Act.
The state
regulatory program classifies its wetlands into four classes.
Class I wetlands are the highest quality of wetlands. Again,
6 NYCRR Section 664 discusses the classification of wetlands,
and a Class I wetland would be defined as such, for example, due
to its large size, variety of cover types, or because it supports
important or rare plant communities. A Class IV wetland, which
would be at the other end of the spectrum, is not as valuable
a wetland, and would be identified as such, for example, due to
its smaller sizes, monotypic vegetative stands, or low value cover
types.
Under the
state regulatory program, activities are identified and rated
for their compatibility with the wetland area and its 100-foot
adjacent buffer. For incompatible activities (and most are defined
as such by the regulations), the Applicant must demonstrate compliance
with the weighing standards found at 6 NYCRR Part 663.5 (e)(2).
The weighing standards are more stringent for Class I wetlands
than for Class IV wetlands. Unlike the federal regulatory program,
where mitigation can only be used to compensate for unavoidable
wetland impacts, under the NYSDEC regulatory program, mitigation
can be used to “increase the likelihood that a proposed activity
will meet the applicable standards for permit issuance”.[2]
[1] The recent US Supreme Court decision
in Solid Waste Agency of Northern Cook County v. United States
Army Corps of Engineers, ___ U.S. __, ___ S.Ct. __, 2001
WL 15333 (2001), has determined that certain isolated wetlands
are not subject to the jurisdiction of the US Army Corps of
Engineers.
[2] 6 NYCRR 663.5(g).
4
Youngs Place
P.O. Box 1351
Latham, NY 12110-1351
518-783-1322
Fax: 518-783-1258
info@wetlandsforum.org
Wetlands Primer
The Chazen Companies
bbeall@chazencompanies.com
Wetlands
are transitional ecosystems between uplands and open waters.
As such, their boundaries are defined more by regulatory programs
than by nature. The overwhelming characteristic in a wetland
is the presence of water. This water drives the characteristics
of the soils in the wetlands and the vegetation in the wetland.
As a result, the federal government and state government utilize
specific field indicators for vegetation, soils and hydrology
to identify wetlands in the field.
The NYSDEC
regulatory program pre-maps wetlands that they will regulate that
are 12.4 acres in size or larger, or other smaller wetlands with
significant local importance. These regulatory maps illustrate
where the wetlands are likely to be found, but state regulatory
personnel are responsible for establishing the exact boundary
in the field. The regulators typically rely heavily on wetland
vegetation for identifying this boundary. The NYSDEC regulations
for Freshwater Wetlands Mapping and Classification are found at
6 NYCRR Part 664. A 100-foot buffer is established around the
wetlands boundary and is also regulated by the NYSDEC.
The federal
regulatory program regulates wetlands of any size that are tied
to interstate commerce. The term wetland is defined in the federal
regulations as “those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas”. A standing wetland scientist joke is:
“Everybody knows what swamps, marshes and bogs are…it’s those
‘similar areas” that cause the problems”.
Federal wetlands
are delineated in the field using the US Army Corps of Engineers
1987 Manual. This manual establishes field criteria for three
parameters – soils, vegetation and hydrology. Indicators for
all three parameters must be present for an area to be identified
as a wetland. For a good discussion of these parameters, see
www.wetlandsforum.org, “Wetland Words
and What they Mean” for vegetation, hydrology and soils.
All wetlands
are not created equal. The functions and values a wetland will
provide depend upon the wetland’s landscape position, its vegetative
community, soil substrate, types of surrounding land use and level
of disturbance within the wetland. Wetland functions are those
physical, chemical and biological characteristics of a wetland,
or what a wetland does. Values are those characteristics that
are important to society. Common functions and values that are
reviewed for wetlands include groundwater recharge, ground water
discharge, flood flow alteration, sediment stabilization, sediment/toxicant
retention, nutrient removal/transformation, production export,
wildlife diversity/abundance, aquatic diversity/abundance, uniqueness/heritage,
and recreation. There are a variety of assessment methodologies
available for evaluating a wetland’s functions and values. These
include WET, HGM, HEP, and others. Most techniques do a good
job of identifying or qualifying the functions and values, but
a poor job of quantifying or measuring the amount of function
provided.
Under the
federal regulatory program, the US Army Corps of Engineers (ACOE)
regulates work or structures in navigable waters of the United
States, and regulates the discharge of dredged or fill material
(broadly defined) in all waters of the United States with an interstate
commerce clause connection (i.e., not “isolated” wetlands)[1].
The federal
regulatory program basically uses two types of permits to authorize
activities in wetlands. The nationwide permits generally authorize
minor types of work in wetlands, generally with impacts less than
0.5 acres. The individual permits are needed for work with greater
than 0.5 acre of impacts. Under both regulatory reviews, the
applicant must demonstrate that the project has avoided, minimized
and mitigated impacts to wetlands to the maximum extent practicable,
although the stringency of the review is typically stronger under
the individual permit review. The applicant must also demonstrate
that they have complied with all associated regulatory reviews
including compliance with endangered species review, National
Historic Preservation Act, FEMA regulations, Wild and Scenic Rivers,
and Section 401 of the Clean Water Act.
The state
regulatory program classifies its wetlands into four classes.
Class I wetlands are the highest quality of wetlands. Again,
6 NYCRR Section 664 discusses the classification of wetlands,
and a Class I wetland would be defined as such, for example, due
to its large size, variety of cover types, or because it supports
important or rare plant communities. A Class IV wetland, which
would be at the other end of the spectrum, is not as valuable
a wetland, and would be identified as such, for example, due to
its smaller sizes, monotypic vegetative stands, or low value cover
types.
Under the
state regulatory program, activities are identified and rated
for their compatibility with the wetland area and its 100-foot
adjacent buffer. For incompatible activities (and most are defined
as such by the regulations), the Applicant must demonstrate compliance
with the weighing standards found at 6 NYCRR Part 663.5 (e)(2).
The weighing standards are more stringent for Class I wetlands
than for Class IV wetlands. Unlike the federal regulatory program,
where mitigation can only be used to compensate for unavoidable
wetland impacts, under the NYSDEC regulatory program, mitigation
can be used to “increase the likelihood that a proposed activity
will meet the applicable standards for permit issuance”.[2]
[1] The recent US Supreme Court decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, ___ U.S. __, ___ S.Ct. __, 2001 WL 15333 (2001), has determined that certain isolated wetlands are not subject to the jurisdiction of the US Army Corps of Engineers.
[2] 6 NYCRR 663.5(g).
4
Youngs Place
P.O. Box 1351
Latham, NY 12110-1351
518-783-1322
Fax: 518-783-1258
info@wetlandsforum.org