AB 254

This bill directs the Department of Natural Resources to establish a wetland

assured delineation program.

Current law generally prohibits the discharge of dredged or fill material into

a wetland unless a person is issued a wetland general permit or individual permit

by DNR. Under current law, a person who owns or leases land may use the following

methods to delineate the boundaries of a wetland in a manner recognized by DNR:

1) the person may request that DNR provide a wetland identification to determine

if wetlands are located on a parcel, or part of a parcel, that does not exceed five acres;

2) the person may have a third person prepare a wetland delineation and request

that DNR confirm the boundaries of the wetland as delineated by that third person,

based on DNR's on-site inspection of the land; or 3) with respect to nonfederal

wetlands, the person may have a qualified third person perform a wetland

identification delineating the boundaries of a wetland and request DNR to confirm

those boundaries, not based upon an on-site inspection of the land but rather based

on a review of maps, aerial photographs, surveys, wetland delineations, and

hydrophytic soil conditions. Under current law, nonfederal wetlands are wetlands

that are not under the jurisdiction of the federal government, and a qualified third

person is an individual who has completed basic and advanced wetland training and

has a minimum of one year of field experience in wetland delineation.

The bill adds a wetland assured delineation program as a fourth method for

delineating the boundaries of a wetland in a manner recognized by DNR. Under the

program, a person may apply to DNR to be certified as an assured delineator. A

wetland delineation prepared by an assured delineator has the same effect as a

wetland identification or confirmation prepared by DNR, and a wetland delineation

prepared by an assured delineator need not be confirmed by DNR. Under the bill,

DNR must charge a $1,200 annual certification fee to an assured delineator, must

require a report of each wetland delineation an assured delineator prepares, and

may charge a filing fee not to exceed $20 for each report submitted. The bill provides

that a wetland delineation prepared by an assured delineator is effective for five

years from the date upon which the wetland delineation report is submitted to DNR.

This matches the effective period for wetland identifications and confirmations of

federal wetlands provided by DNR under current law.

The bill requires DNR to establish application and qualification requirements

for assured delineator certification but includes some minimum requirements, such

as at least five years of full-time professional field experience in wetland delineation

and completion of a wetland delineation training course based on the U.S. Army

Corps of Engineers wetland delineation manual. The bill also requires DNR to

charge an application processing fee of $500. The bill provides that an applicant

whose application is not approved may reapply and requires DNR to accept

applications no less than annually and at least during the period beginning