Removing Barriers to Wetland Restoration Facilitating Wetland Restoration Permitting Gildo M. Tori – Ducks Unlimited HOW Conference 2010

Permitting – A Good Thing  CWA – protecting wetlands from destruction: avoidance, minimization, mitigation. Slowed wetland loss from 500,000/year pre-1970s to 80,000/year in 1990s.  However, some unintended consequences in the southern Great Lakes watershed where many of our wetlands exist in intensively altered environments.

Altered Wetlands  Many existing “wetlands” have been negatively impacted due to draining, tiling, ditching, pumping, and other watershed alterations.  Even though they make look like healthy wetlands, their hydrology has been impacted and they aren’t fully functional.

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

Hydrology – key to wetland productivity, diversity, form and function  Keep in mind that wetlands are highly dynamic: hydrology drives ecology: i.e. the type of wetland vegetation, productivity, wildlife benefits, other values. Annually! 1988 Wetlands Dynamics

The Problem  Current regulations treat altered wetlands as natural wetlands; so often you have to get a permit to do the hydrological restoration. NW 27 + state 401 at a minimum. Often, more complex.  This can add additional time, cost and at times can be frustrating.  Fixing this issue is recognized in the GLRC Restoration Strategy & state Great Lakes plans.  If we can improve the system, we can aid organizations/agencies in reaching lofty wetland restoration goals, save time, money and resources.

What To Do?  First, COE staff did a great job at the AOC conference discussing how to make current system work best.  Improve General Permits (NW 27 and state permits) to allow hydrological restoration of altered wetlands without extensive review.  Get regulators and implementers together to develop criteria to streamline the process while preventing abuse. - Project primary purpose is wetland restoration & results in a net gain of acres, function and/or quality. - Project is sponsored by federal or state agency that promotes wetland restoration as a primary mission. - Project contributes to the goals/objectives to a national, regional, state or local wetland restoration plan.

What’s Happening?  On a regional basis, the Great Lakes Habitat/Species Work Group, which includes the COE, FWS, EPA, NRCS, NOAA, states, NGOs, is working on providing some consistency, clarity and streamlining.  States are also working on issue: WI & MI  Need to ensure Regional efforts (NW 27 in 2012) and state efforts parallel each other.

Progress  WI – Led by WWA. Passed unanimously in both houses; signed by Gov in May.  Restorations sponsored by NRCS or FWS.  15 day review period.  Currently working on administrative rules on details.  Should really speed up wetland restoration permits in the state.

Progress  In Michigan, new wetland law states that fixing the wetland restoration permitting issue is important.  Have tasked the Wetlands Advisory Council and Wetland Working Group to develop potential solutions.  In progress and making progress.  Again, NWP updates next year is prime opportunity to help streamline the process.

RESULTS!