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Issues in Wetland Protection

Issues in Wetland Protection. Scott Hausmann Wisconsin DNR. Issues. What are you trying to accomplish? What is a wetland? Wetland delineation Wetland classification What should be regulated? Permit process Decision process Private property Resources. Program Goal and Objectives.

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Issues in Wetland Protection

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  1. Issues in Wetland Protection Scott Hausmann Wisconsin DNR

  2. Issues • What are you trying to accomplish? • What is a wetland? • Wetland delineation • Wetland classification • What should be regulated? • Permit process • Decision process • Private property • Resources

  3. Program Goal and Objectives • What is the overall program goal? • What are the measurable interim goals and objectives for achieving the overall goal. • How do you measure and report progress? • How do you define success?

  4. WetlandDefinition • What is a wetland? • Science versus Jurisdiction versus Regulation. • The test of a great definition is if it can be easily applied on the ground...

  5. Wetland Delineation • How will you determine where the wetland begins or where upland ends? • What methodology or manual should be used? • Who is qualified to determine wetland boundaries? • How do you handle boundary disputes?

  6. Wetland Mapping and Tracking • The numbers game • How many wetlands do you have and where are they? • What kind of wetlands are they? • What are the wetlands’ functions and value? • What condition are the wetlands in? • What activities are most responsible for degradation and loss? • What are the consequences of degradation and loss? • The definition game • What is a loss? What is a gain?

  7. Wetland Classification • Why do you want to classify wetlands - function, value, inventory, health, regulation??? • What methods will you use - Cowardin, HGM, Circular 39, HAT, HEP, WET, WEM, TMA, ???

  8. Regulatory Classification • Should you attempt to classify wetlands for regulatory purposes? • Can you assume that some wetlands have no value and that there is no consequence of their loss Scott’s Opinion - Adds a layer of complexity that doesn’t improve decision making !

  9. Regulated and Exempted Activities • What activities should be regulated? What activities should be exempted? • Should all “classes” or sizes of wetlands be regulated? • Should there be a variance procedure? A permit decision appeal process? • How will you handle agency duplication?

  10. Permit Process • Timeliness is next to … How quickly should applications be processed? • What is a “complete application”? When is enough information enough?

  11. Permit Decision Making • Decision making generally follows 404 (b) (1) guidelines of avoid, minimize and compensate. • How much emphasis will be placed on avoid and minimization? • How will compensatory mitigation effect the permitting decision? Should it be available in all circumstances? • Does compensatory mitigation work ecologically or administratively? • What type of compensatory mitigation should be allowed? Should there be a preference?

  12. Private Property • Most wetlands are privately owned -75% of Wisconsin wetlands are privately owned • How will you gain access to monitor, to investigate for possible violation or inspect authorized projects? • Are you prepared to deal with “Takings"

  13. Resources • How much will it cost? • You need staff for all aspects of the program including permitting, enforcement, monitoring/tracking, technical assistance, administrative… • You need dollars for monitoring, tracking, inventory… • Where will you get the needed resources?

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