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SECTION I - Project Development

A. INTRODUCTION

Wetlands are natural systems with a variety of important ecological, economic, recreational, and aesthetic functions and values. Unfortunately, the programs designed to protect wetlands in Washington do not always work effectively. Also, Despite numerous laws enacted to protect them, thousands of acres of wetlands in Washington continue to be lost or degraded each year. Also, the variety of laws regulating wetlands can result in cost, time, and confusion for citizens.

During the past few years, members of both the regulated community and environmental organizations have suggested that existing wetland programs need to be improved. Specific problems that were listed include:

In response to these concerns, the state departments of Ecology and Community Development (now the Department of Community, Trade and Economic Development) jointly applied for a grant from the U.S. Environmental Protection Agency (EPA) to develop the State Wetlands Integration Strategy (SWIS). A grant was awarded in the fall of 1992, and two people were hired in January of 1993 to begin the SWIS process.

B. SWIS PROCESS

The purpose of SWIS is to "develop and implement a more effective, efficient, and coordinated system to better protect the wetland resources of Washington State." SWIS is comprised of two basic components: 1) six focused work groups and 2) four local demonstration projects. This report describes the process and results of the work group efforts. For information on the four local demonstration projects, see Appendix B.

1. Work Group Process

Six work groups, consisting of 15-25 members each, were created to focus on specific wetland issues and develop recommendations for improving wetlands management statewide, in accordance with the purpose of SWIS. In order to cultivate ideas that would be broadly supported, individuals representing a variety of interests were invited to participate.

To ensure balanced work groups and diverse representation, there was an effort to achieve equal numbers of representatives from each of the following categories:

The organizations that were represented on each work group and the names of the individuals representing them are presented in Appendix A.

Each of the six work groups focused on a different wetlands topic:

The work groups each met monthly, from August of 1993 to spring of 1994. The goal of the work group process was to produce consensus recommendations through collaborative problem solving. True consensus involves agreement by all work group members on all aspects of a proposal; true consensus was the desired goal of the SWIS process.

Five of the individual work groups reached consensus on all of their respective recommendations. The sixth, the Regulatory Reform work group, reached consensus on a majority of issues. The six separate reports were then consolidated into a single integrated document, which was reviewed extensively by representatives from each group. All members were given an opportunity to review the final draft. Most of them support this integrated document. Please note that a few work group members were unable to give consensus support to this integrated report.

Work group members recognized that it would not always be possible to reach consensus on all issues. For this reason, ground rules for work groups stated that where consensus could not be reached, work groups would identify areas where there are agreements and disagreements. Therefore, proposals that were supported by many, but not all, work group members are included in Section III of this document.

2. Role of the Interagency Wetlands Review Board

The Interagency Wetlands Review Board (IWRB) was created by Executive Order 90-04 under Governor Booth Gardner. The board consists of the directors or their designees of the state agencies with wetlands responsibilities, as well as the Washington Association of Counties, The Association of Washington Cities, and the Washington State Conservation Commission. The purpose of the board is to coordinate the wetlands activities of the different state agencies and ensure effective protection of wetland resources.

The IWRB committed to implement work group recommendations that are reached by consensus, within the limits of their agencies' resources, mandates and authorities. This endorsement of the SWIS work group process was provided in a letter addressed to all SWIS participants. (See Appendix C.)

C. BACKGROUND - BIOLOGY OF WETLANDS

1. Definition of Wetlands

Wetlands are places were land and water meet. Wetlands are defined in both federal and state law as: "those areas that are inundated or saturated by surface or ground water at a frequency 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."

If you look at this definition carefully, you will see that there are three basic elements that are needed in order for a wetland to exist: water; saturated or "hydric" soils; and water-loving or "hydrophytic" plants. Although all wetlands share these three characteristics, there are many different types of wetlands and they have a variety of different functions.

Wetlands in Washington range from estuaries to "dryland" wetlands (such as seasonal wetlands in eastern Washington), and from forested wetlands to eelgrass beds. Given the variety of different wetland types, it can be difficult to know a wetland when you see one! In fact, many wetlands are seasonal and may look very dry during the summer.

2. Functions of Wetlands

Historically, some people have viewed wetlands as useless wastelands that should be filled in order to be "more productive." In Washington, the U.S. Fish and Wildlife Service estimates that as of 1980, more than 30% of the state's wetlands have been lost. However, in recent years, we have learned much about the value of wetlands and have gained an appreciation for the many important ecological functions that wetlands provide.

Some of these functions are water quality protection, flood and stormwater control, shoreline stabilization, contributing to groundwater and streamflows, and habitat for wildlife and fish life. Also, many people view wetlands as natural areas that provide aesthetic, recreational and educational opportunities that should be preserved for future generations.

In fact, the great number and variety of functions that wetlands perform are a reason that it can be difficult to classify this resource. Each wetland is unique and may possess several (or very few) functional characteristics. Categorizing and quantifying these functions and their worth involves a science that is still in its infancy. This fact can make it difficult to defend or dismiss the value of any given wetland.

D. BACKGROUND - WETLANDS LAWS AND REGULATIONS

The following section provides brief information on different laws, regulations and policies affecting wetlands. If you would like more detailed information on this subject, please see the "Wetland Regulations Guidebook," published by the Department of Ecology (Publication #88-5).

1. No-Net-Loss Policy

In 1989, Governor Booth Gardner signed an Executive Order establishing a statewide goal addressing wetlands protection. State agencies reporting to the Governor were directed to implement this goal through specific tasks, and other agencies and local governments were encouraged to make their actions consistent with the goal.

"It is the interim goal...to achieve no overall net loss in acreage and function of Washington's remaining wetlands base. It is further the long-term goal to increase the quantity and quality of Washington's wetlands resource base." (E.O. 89-10).

2. State Laws

Growth Management Act:
The Growth Management Act (GMA) was adopted by the state legislature in 1990 and amended in 1991. It focuses on local, "grass roots" planning and is intended to help local governments better manage growth throughout the state. The GMA establishes 13 planning goals and requires that certain local governments adopt comprehensive plans and development regulations to manage growth. All cities and counties are required to protect critical areas (including wetlands) and resource lands.

Shoreline Management Act:
The Shoreline Management Act (SMA) is designed to help manage development of the state's shorelines. The act emphasizes protecting shoreline resources, accommodating all reasonable and appropriate uses and protecting the public's right to use shorelines.

The SMA contains goals that are implemented by local governments through policies and regulations established in local Shoreline Master Programs.

These local programs receive state review and approval before becoming effective. They are subsequently adopted as state regulations. Certain shoreline permits, issued locally, also require state approval. The SMA requires that development of lands adjacent to shorelines must be consistent with the local shoreline program. The SMA applies to over 230 cities and counties.

Hydraulic Code:
The state Hydraulic Code is intended to protect fish life from damage by construction and other activities in all marine and fresh waters of the state. The code is implemented through a permit called the Hydraulic Project Approval (HPA) obtained from the state Department of Fish and Wildlife. While not directly aimed at protecting wetlands, an HPA is required for any work within the high water areas of state waters, which often include wetlands.

State Environmental Policy Act:
The State Environmental Policy Act (SEPA) provides a process for analyzing the environmental impacts of development. SEPA is not a permit, but is a process designed to fit with other existing permits and certifications. SEPA requires a full disclosure of the likely significant adverse environmental impacts of a project and the identification of ways to mitigate or reduce the impacts of a project. Impacts to the natural and built environment are considered. For proposals likely to have a significant adverse impact on the environment, an environmental impact statement (EIS) must be prepared.

Forest Practices Act:
The Forest Practices Act (FPA) regulates forest practices on state and private lands. Responsibility for administering the provisions of the act lies with the Forest Practices Board and the Department of Natural Resources (DNR). Anyone proposing timber harvesting on state or private land must submit a forest practices application to DNR for approval. Under this act, regulations were developed which categorize and regulate wetlands depending upon their size and location.

State Water Pollution Control Act:
The State Water Pollution Control Act regulates the discharge of pollution to waters of the state, including wetlands. Pollution is defined broadly to include any alteration of the physical, chemical or biological properties of any state waters. The Department of Ecology administers the act through several different permitting programs. Ecology's permitting decisions regarding wetlands are based on the surface water quality standards. These regulations also provide a basis for Ecology's issuance of §401 certifications of federal permits, as directed under the Federal Clean Water Act.

3. Federal Laws

Clean Water Act Section 404:
The primary goal of the Clean Water Act (CWA) is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters." Section 404 is specifically directed towards regulating discharges of dredged or fill material into waters of the United States, including wetlands.

As required under the Clean Water Act, most proposals to modify wetlands require issuance of a permit under Section 404. Section 404 provides for government and public review on project proposals that alter or destroy waters of the United States by filling (including any soil movement) or disposal of dredge material. Through this permitting program, the United States Army Corps of Engineers (Corps) issues or denies permits. Permit approval must comply with guidelines developed by the Environmental Protection Agency (EPA) under Section 404(b)(1) of the act.

Clean Water Act Section 401:
This section of the law is administered at the state level, by the Department of Ecology. The purpose of Section 401 is to ensure that when the federal government issues a permit (such as a Corps permit under Section 404), that permit complies with state water quality laws, and other appropriate state laws (such as the Water Resources Act and the Hydraulic Code).

Section 401 is implemented through a certification process. Any applicant for a federal permit for any activity that could result in the discharge of a pollutant is required to obtain a certification from the Department of Ecology verifying that the activity does not violate state water quality standards. The department has to determine whether the materials to be discharged will comply with applicable effluent limitations and water quality standards. If the state denies certification, the federal permitting agency must deny the permit application. If the state imposes conditions on a certification, the conditions become part of the federal permit. Wetlands can vary greatly from other kinds of waters. However, currently the state does not have water quality standards that address the unique characteristics of wetlands as separate from other waters.

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