Removing Barriers to Wetland Removing Barriers to Wetland RestorationRestoration

Facilitating Wetland Restoration PermittingFacilitating Wetland Restoration Permitting

Gildo M. Tori – Ducks Unlimited

HOW Conference 2010

Permitting – A Good ThingPermitting – A Good Thing

CWA – protecting wetlands from CWA – protecting wetlands from destruction: avoidance, minimization, destruction: avoidance, minimization, mitigation. Slowed wetland loss from mitigation. Slowed wetland loss from 500,000/year pre-1970s to 80,000/year in 500,000/year pre-1970s to 80,000/year in 1990s.1990s.

However, some unintended consequences However, some unintended consequences in the southern Great Lakes watershed in the southern Great Lakes watershed where many of our wetlands exist in where many of our wetlands exist in intensively altered environments. intensively altered environments.

Altered Wetlands Altered Wetlands

Many existing “wetlands” Many existing “wetlands” have been negatively have been negatively impacted due to draining, impacted due to draining, tiling, ditching, pumping, tiling, ditching, pumping, and other watershed and other watershed alterations.alterations.

Even though they make Even though they make look like healthy wetlands, look like healthy wetlands, their hydrology has been their hydrology has been impacted and they aren’t impacted and they aren’t fully functional.fully functional.

RestorationRestoration

Restoration seeks to restore hydrology to a Restoration seeks to restore hydrology to a close approximation of what may have close approximation of what may have occurred prior to alterations. In many cases, occurred prior to alterations. In many cases, need structures like berms, water control need structures like berms, water control structures, channels to restore hydrology.structures, channels to restore hydrology.

Hydrology – key to wetland productivity, Hydrology – key to wetland productivity, diversity, form and functiondiversity, form and function

Keep in mind that wetlands are highly Keep in mind that wetlands are highly dynamic: hydrology drives ecology: i.e. the dynamic: hydrology drives ecology: i.e. the type of wetland vegetation, productivity, type of wetland vegetation, productivity, wildlife benefits, other values. Annually!wildlife benefits, other values. Annually!

19881988

Wetlands DynamicsWetlands Dynamics

1991199119921992199319931994199419951995

The ProblemThe Problem

Current regulations treat Current regulations treat altered altered wetlands as wetlands as natural wetlands; so often you have to get a permit natural wetlands; so often you have to get a permit to do the hydrological restoration. NW 27 + state to do the hydrological restoration. NW 27 + state 401 at a minimum. Often, more complex.401 at a minimum. Often, more complex.

This can add additional time, cost and at times can This can add additional time, cost and at times can be frustrating. be frustrating.

Fixing this issue is recognized in the GLRC Fixing this issue is recognized in the GLRC Restoration Strategy & state Great Lakes plans.Restoration Strategy & state Great Lakes plans.

If we can improve the system, we can aid If we can improve the system, we can aid organizations/agencies in reaching lofty wetland organizations/agencies in reaching lofty wetland restoration goals, save time, money and restoration goals, save time, money and resources.resources.

What To Do?What To Do?

First, COE staff did a great job at the AOC conference First, COE staff did a great job at the AOC conference discussing how to make current system work best. discussing how to make current system work best.

Improve General Permits (NW 27 and state permits) to Improve General Permits (NW 27 and state permits) to allow hydrological restoration of allow hydrological restoration of altered wetlandsaltered wetlands without without extensive review.extensive review.

Get regulators and implementers together to develop Get regulators and implementers together to develop criteria to streamline the process while preventing abuse.criteria to streamline the process while preventing abuse.

- Project primary purpose is wetland restoration & - Project primary purpose is wetland restoration & results in a net gain of acres, function and/or quality.results in a net gain of acres, function and/or quality.

- Project is sponsored by federal or state agency - Project is sponsored by federal or state agency that promotes wetland restoration as a primary mission.that promotes wetland restoration as a primary mission.

- Project contributes to the goals/objectives to a - Project contributes to the goals/objectives to a national, regional, state or local wetland restoration plan. national, regional, state or local wetland restoration plan.

What’s Happening?What’s Happening?

On a regional basis, the Great Lakes On a regional basis, the Great Lakes Habitat/Species Work Group, which includes Habitat/Species Work Group, which includes the COE, FWS, EPA, NRCS, NOAA, states, the COE, FWS, EPA, NRCS, NOAA, states, NGOs, is working on providing some NGOs, is working on providing some consistency, clarity and streamlining.consistency, clarity and streamlining.

States are also working on issue: WI & MI States are also working on issue: WI & MI Need to ensure Regional efforts (NW 27 in Need to ensure Regional efforts (NW 27 in

2012) and state efforts parallel each other. 2012) and state efforts parallel each other.

ProgressProgress

WI – Led by WWA. Passed unanimously in WI – Led by WWA. Passed unanimously in both houses; signed by Gov in May.both houses; signed by Gov in May.

Restorations sponsored by NRCS or FWS.Restorations sponsored by NRCS or FWS. 15 day review period.15 day review period. Currently working on administrative rules on Currently working on administrative rules on

details.details. Should really speed up wetland restoration Should really speed up wetland restoration

permits in the state.permits in the state.

ProgressProgress

In Michigan, new wetland law states that In Michigan, new wetland law states that fixing the wetland restoration permitting fixing the wetland restoration permitting issue is important. issue is important.

Have tasked the Wetlands Advisory Council Have tasked the Wetlands Advisory Council and Wetland Working Group to develop and Wetland Working Group to develop potential solutions.potential solutions.

In progress and making progress.In progress and making progress. Again, NWP updates next year is prime Again, NWP updates next year is prime

opportunity to help streamline the process.opportunity to help streamline the process.

RESULTS!RESULTS!