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Chesapeake Executive Council
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903R88115
Chesapeake Bay
Wetlands Policy
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Chesapeake
Bay
Program
Agreement Commitment Report
December 1988
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Chesapeake Bay
Wetlands Policy
An Agreement Commitment Report from the
Chesapeake Executive Council
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.3, PA 19107
Annapolis, Maryland
December, 1988
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ADOPTION STATEMENT
We, the undersigned, adopt the Chesapeake Bay Wetlands Policy, in fulfillment of
Living Resources Commitment Number 5 of the 1987 Chesapeake Bay Agreement:
"...by December 1988, to develop a Bay-wide policy for the protection
of tidal and non-tidal wetlands."
The Policy establishes an immediate goal of no net loss with a long-term goal of a
"net resource gain". The gain of wetland acreage and function over present day conditions
serves as a means of recovering the values of wetlands already lost over years of inadequate
protection. These values include not only traditional habitat values for breeding, spawning,
nesting and wintering of living resources but also benefits in water quality, flood protection,
and the regional economy.
The Policy addresses the protection and restoration of both tidal and non-tidal wet-
lands through several elements, each with attendant policy goals and specific action items.
The elements comprise a comprehensive wetland protection strategy addressing regulator)'
and other management mechanisms required to improve current practices. These ele-
ments address policies for managing direct and indirect wetland impacts through education
and training activities, monitoring, research, private sector incentives, land acquisition,
regulatory improvements, and mitigation practices.
We recognize the values that wetlands provide to the overall health of the Bay and
the quality of life afforded to the citizens of the area and therefore support the Policy goals
outlined in this document. Further, we agree to commit the necessary funding and
resources to carry out the implementation of the Policy.
We direct the Living Resources Subcommittee to prepare an annual report on the
status of these implementation programs and the effectiveness of the Policy goals in achiev-
ing protection and restoration of Chesapeake Bay wetlands.
Date
For the Commonwealth of Virginia
For the State of Maryland
For the Commonwealth of Pennsylvania
For the United States of America
For the District of Columbia
For the Chesapeake Bay Commission
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CHESAPEAKE BAY WETLANDS POLICY
Preamble
Wetlands within the Chesapeake Bay watershed lie within the transition areas
between better drained, rarely flooded uplands and permanently flooded deep waters of
streams, rivers, ponds, lakes and coastal embayments. Two basic wetland types, coastal
and inland, occupy about three percent of the Chesapeake Bay drainage area or
approximately 1.2 million acres. Over 80 percent of these wetlands are inland and the
remainder are coastal wetlands. Coastal wetlands consist largely of tidal marshes and
mud flats found along the margins of tidal rivers and saltwater embayments. These
areas are periodically flooded by salt or brackish water. Inland wetlands within the
region are predominantly forested wetlands, followed by shrub and emergent wetlands,
most of which are nontidal or not affected by ocean-driven tides.
Wetlands are of importance to the protection and maintenance of living resources
associated with the Chesapeake Bay ecosystem as they provide essential breeding,
spawning, nesting and wintering habitats for a major portion of the region's fish and
wildlife, including migratory birds, endangered species and commercially and
recreationally important wildlife.
Wetlands are an important part of the cultural, ecological and economic heritage
of the Chesapeake Bay region. Wetlands play a vital and significant role in maintaining
the quality of life through material contributions to: the water quality of the region; the
regional economy; food supply and fish and wildlife resources.
Wetlands protect the quality of surface waters through retarding the erosive
forces of moving water, trapping waterborne sediment and associated pollutants.
Wetlands also protect regional water supplies by facilitating the purification of surface
and groundwater resources. Wetlands play a crucial role in maintaining critical base
flow to surface waters through the gradual release of stored flood waters and
groundwater, particularly during periods of drought. Wetlands provide a natural means
of flood control and storm damage protection through the absorption and storage of
water during high runoff periods and through the reduction of flood crests, thereby
protecting against the loss of life and property.
Chesapeake Bay Wetlands are recognized as some of the most important wetland
areas in the United States and have received worldwide recognition as "Wetlands of
International Importance Especially as Waterfowl Habitat" under the 45 nation Ramsar
Convention treaty.
The Chesapeake Bay watershed experienced substantial losses of wetlands
between the mid-1950's and late 1970's. Annual losses averaged over 2,800 acres. Tidal
marshes declined by about nine percent, whereas nontidal vegetated wetlands fell by six
percent. Wetland losses continue to occur as a result of anthropogenic impacts and
natural causes.
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WETLANDS PROTECTION AND MANAGEMENT POLICIES
It is the intent of the Chesapeake Executive Council to set forth policies in this
document to guide the development and implementation of a comprehensive strategy for
the protection and management of all wetlands within the Chesapeake Bay watershed.
The goal of the wetland protection and management strategy is to achieve a net
resource gain in wetland acreage and function over present conditions by:
(1) protecting existing wetlands; and
(2) rehabilitating degraded wetlands, restoring former wetlands, and creating
artificial wetlands.
The policies set forth in this document are organized into four major focus areas,
each of which must be incorporated within a comprehensive strategy if that strategy is to
result in definitive progress toward the net resource gain goal.
Within each of the four focus areas, specific policy statements have been made to
guide the development of the comprehensive strategy. Specific actions, associated with a
policy (or group of policies), are considered fundamental to successful achievement of
the goal. The signatories are committed to seeking the necessary authority and funding
to carry out these actions, including the enactment and improvement, in all jurisdictions,
of laws and regulations to protect nontidal wetlands.
As a first step, implementation plans for each of the four focus areas will be
adopted by June 30, 1990. These four implementation plans, taken as an integrated
whole, will form the comprehensive strategy for wetland protection and management.
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DEFINING THE RESOURCE: INVENTORY AND MAPPING ACTIVITIES
Tracking progress toward the net resource gain goal requires the establishment of
an effective means of monitoring wetland distribution by type, acreage, and function.
Furthermore, effective resource protection and management is predicated both on the
availability of information regarding wetland status and trends and the ability to identify
and monitor specific wetland areas. This information base is critical to monitor the
overall program, direct and target resource protection and management actions, and
support essential research and education efforts.
For the purposes of measuring the progress toward a net resource gain in wetland
acreage, and to develop a meaningful inventory to guide wetland management, a
comprehensive description of the resource is required. For such purposes, identification
should encompass the variety of conditions that typify wetland ecosystems. This
inventory should be consistent with the identification approach used by the U. S. Fish &
Wildlife Service, which has begun extensive wetland identification.
Consequently, for the purpose of developing a Bay-wide inventory, identification
should be based on this description:
Wetlands are lands transitional between terrestrial and
aquatic systems where the water table is usually at or near
the surface or the land is covered by shallow water. For
purposes of classification, wetlands must have one or more of
the following three attributes: (1) at least periodically, the
land supports predominantly hydrophytes; (2) the substrate is
predominantly undrained hydric soil; and (3) the substrate is
non-soil and is saturated with water or covered by shallow
water at some time during the growing season of each year.
Policy:
o The signatories shall collectively design and institute a wetland resource
monitoring strategy which will provide for a continuing quantitative
evaluation of wetland distribution and functional characteristics.
Action:
Formulate and begin execution of a comprehensive inventory, mapping, and
monitoring plan which, at a minimum, includes:
o A cooperative, comprehensive mapping of all wetland areas at a time
interval of not less than every ten years.
o A statistically valid status and trends analysis every five years.
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o A continuing cumulative impact assessment.
o A monitoring program for existing wetlands sites of various types within
selected physiographic regions to quantify functions and values and
document changes occurring over time within these systems.
o A monitoring program for invasive or exotic species and appropriate
control methods.
o A regional data base of permitted activities.
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HOLDING THE LINE: PROTECTING EXISTING WETLANDS
Central to a strategy to achieve a net resource gain in wetland acreage and
function must be strong programs to hold the line by protecting existing functioning
wetlands. The underlying principle behind this wetland protection is the need to control
direct, indirect and cumulative impacts which result in losses of wetland acreage or
function. Guided by this principle, various tools, including, but not limited to, regulation
and protection standards, incentives, and land acquisition, should be used to protect
wetlands.
Impacts may result from direct and indirect alterations to a wetland, cumulative
alterations within the wetland, or from natural causes. Controlling the type, extent,
intensity and duration of impacts which alter wetlands will further other efforts to
reduce nutrients in the Chesapeake Bay and restore and protect its living resources.
Policies:
o The signatories to this agreement will use existing programs and develop
new programs to limit permanent and irreversible, direct and indirect
impacts to wetlands. Only in rare instances will losses of wetland acreage
or function be allowed or considered justifiable.
o The signatories to this agreement will minimize indirect alterations within
the watershed which have the potential to adversely impact wetlands.
o The signatories will implement management practices designed to reduce
cumulative wetland losses.
Actions:
o The signatories agree to incorporate the principle of wetlands protection
and the management of other sensitive Chesapeake Bay living resource
habitats into the various strategies, policies and guidelines which will result
from the Population Growth and Development Commitments of the 1987
Bay Agreement.
o To eliminate or minimize indirect impacts to wetlands, the signatories will
coordinate permitting and management programs and the use of protective
buffers and other techniques which serve to maintain important functional
characteristics of wetlands.
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o The signatories agree to develop a Bay-wide planning process for wetlands
with the goal of protecting wetlands and associated resources through
innovative land use controls.
Regulatory and Protection Standards
Existing regulatory standards and other programs at the federal and state level do
not adequately protect existing wetlands from individual and cumulative losses in
acreage and function.
This is particularly the situation for nontidal wetlands. Some of these areas may
be difficult to identify, as surface water or saturated soils may not be evident throughout
the growing season. The following characteristics reflect the features of vegetated
nontidal wetlands:
o Areas that are inundated or saturated by surface or groundwater.
o Areas where a prevalence of vegetation typically adapted for life in
saturated soil conditions exists.
o Areas where hydric soils are present as defined by the National Technical
Committee for Hydric Soils.
Policy:
The signatories will, at a minimum, implement protection standards for those
areas and activities not adequately protected under federal law and programs. These
protection standards will address, but not be limited to: enforcement, buffers, protection
of basic wetland functions, "best management practices," alternative actions, and
water-dependent uses.
Actions:
o Review the effectiveness of existing regulatory programs and recommend
corrective actions to honor the policy commitment and monitor and revise
such programs as necessary over time.
o Where not otherwise in place, develop a projected implementation
schedule by June 1990 to establish protection standards which honor the
policy commitment.
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o Cooperatively develop a process to identify and protect wetland areas of
special concern, and consider, where appropriate, the institution of
procedures under Section 404(c) of the Clean Water Act.
o Work toward the development of a single Bay-wide field manual for the
delineation of vegetated nontidal wetlands.
o Develop a guidance document for the regulatory and protection standards.
Incentives
The Chesapeake Executive Council recognizes that regulatory programs alone
cannot be relied upon to achieve comprehensive protection of wetlands. Hence,
incentives aimed at the private sector will be developed to complement and reinforce
these regulatory programs. In addition, programmatic inconsistencies or incentives
within the state and federal government which directly or indirectly contribute to
wetland losses will be eliminated or reduced.
Policies:
o The signatories will collectively develop and execute a range of private
sector incentive programs which support wetland protection.
o Government sanctioned programs which are counterproductive to wetland
protection will be eliminated whenever possible.
Action:
Formulate and begin execution of an incentive policy implementation plan which,
at a minimum, includes:
o Identifying state and federal programs or policies which result in wetland
losses and correcting program deficiencies.
o Enhancing existing incentive programs to encourage wetland protection.
o Creating new incentive programs to encourage wetland protection.
o Investigating the use of penalties or other disincentives to reduce wetland
losses.
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Land Acquisition
The Chesapeake Executive Council recognizes the important role that acquisition
can play in a comprehensive wetlands protection program. The council also recognizes
that limited funding requires a strategy for targeting the acquisition of wetlands for the
purpose of preserving the public's use and enjoyment of wetland resources. Acquisition
may be necessary to protect significant educational, scientific, or ecologic values, or
where wetlands provide some broader public use including maintaining open space and
providing recreation opportunities.
Policies:
o The signatories will identify priority areas for wetland preservation.
o The signatories will provide for acquisition of lands for the purpose of
protecting significant wetland values or the public's right to use and enjoy
wetlands where such lands are a part of acquisition programs administered
by public agencies.
Action:
o Develop a strategic plan for land acquisition which includes wetlands and
appropriate adjacent uplands and aquatic areas as a part of new or
ongoing public acquisition programs.
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BUILDING THE BASE: REHABILITATING, RESTORING,
AND CREATING WETLANDS
The signatories will not attain a net resource gain in wetland acreage and
function by protecting existing wetlands alone. Efforts must be made to build the base
by rehabilitating degraded wetlands, restoring former wetlands, and creating productive
new artificial wetlands. While mitigation will play a large role here, incentives and land
acquisition are important and useful tools for building the base of functioning wetlands.
Mitigation
Mitigation is the sequential process of avoiding, minimizing, rectifying, reducing
over time, or compensating for wetlands losses. The sequence in which mitigation
procedures are considered and applied in practice is crucial to realizing the signatories'
protection and management strategy. The Chesapeake Executive Council recognizes
that compensatory mitigation (generally involving construction of replacement wetlands)
must not substitute for efforts to avoid or minimize losses or prejudice an agency
determination affecting wetlands.
Policies:
o Mitigation will be included for any project conducted by or subject to
review or approval by the signatories.
o Compensatory mitigation shall proceed from the presumption that
"in-kind, on-site" is the preferred solution. Other solutions, including
off-site and out-of-kind mitigation, will only be allowed when acceptable to
public/government agencies and performed in the context of watershed
management planning or other specific objectives.
o The Signatories shall require that compensatory mitigation projects,
incorporate public or private arrangements for long-term management.
o Compensation projects will generally be designed and evaluated
cooperatively among project sponsors, the signatories, and appropriate
public and private entities.
o Monitoring and evaluation of the success of compensatory mitigation
replacement projects shall be incorporated by the signatories as a
fundamental part of the mitigation process.
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Action:
o The federal signatory, in consultation with appropriate governmental
agencies, will develop updated standards and criteria in compliance with
the overall wetland protection goals and specific mitigation policies
incorporating state-of-the-art technological, ecological and biological
applications.
Incentives
Since mitigation arises from the unavoidable loss of wetlands, it alone can not be
relied upon to build the base of functioning wetlands. Incentives aimed at the private
sector should be developed to encourage rehabilitation, restoration, and creation of
wetlands.
Policy:
The signatories will collectively develop and execute a range of private sector
incentive programs which encourage rehabilitation, restoration, and creation of wetlands.
Action:
Formulate and begin execution of an incentive policy implementation plan which,
at a minimum, includes:
o Enhancing existing incentive programs to encourage the rehabilitation,
restoration and creation of wetlands.
o Creating new incentive programs to encourage rehabilitation, restoration,
and creation of wetlands.
Land Acquisition
To further increase the net resource base beyond that achieved through
compensatory mitigation requirements, the signatories will develop acquisition plans
which support wetlands rehabilitation, restoration and creation.
Policy:
o The signatories will facilitate acquisition of lands for wetland
rehabilitation, restoration, and creation projects beyond that achieved
through compensatory mitigation.
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Action:
o Develop criteria for the identification of areas where rehabilitation,
restoration and creation projects can be undertaken.
o Develop a plan for the acquisition of land and property interests in areas
where wetlands, rehabilitation, restoration and creation projects will be
undertaken.
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EXTENDING THE VISION: EDUCATION AND RESEARCH
The ultimate success of the comprehensive strategy for wetlands protection and
management will depend on the depth and breadth of our vision. Research is essential
if we are to refine our knowledge of wetland values and improve our ability to protect
and manage these resources. Education builds the necessary public support for resource
protection as well as ensuring the efficient implementation of wetland protection
practices.
Education
The Chesapeake Executive Council recognizes that wetland protection depends
upon public awareness of wetland values and management needs and upon landowner
support for protection policies. Furthermore, appropriate technical training must be
made available to resource managers and to private sector interests who are charged
with implementing specific wetland protection practices.
Policy:
The signatories will develop and maintain on-going education and training
programs, technical assistance services, and wetland data base systems to improve our
understanding of wetland values, functions, management techniques, status, and trends.
Action:
Formulate and begin execution of an education plan which, at a minimum,
includes:
o A current information program available to the public on the values of and
need to protect wetlands.
o Development of a Bay-wide library system and data base for wetland
information.
o Technical training programs for government representatives, consultants,
land developers and interested parties in the areas of wetland
identification, delineation, functional assessment, and mitigation practices.
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o Development of technical assistance programs to support local government
protection efforts, including mapping, management programs, model
ordinances, etc.
o Development of wetland curricula for academic institutions.
Scientific Research
The Chesapeake Executive Council is aware of the role which scientific research
plays in determining the effectiveness of current management practices as well as the
potential for using research findings to improve management techniques and the general
need for better understanding of how natural changes to wetlands may necessitate
appropriate management responses.
Policies:
o The signatories to this agreement will, to the extent possible, facilitate the
undertaking of research projects which have the potential to improve
wetland management.
o The signatories will evaluate and adjust their wetland management
practices and regulatory standards such that they reflect principles
validated through scientific research.
Action:
The signatories will collectively update a prioritized listing and description of
those research projects which offer significant opportunities for improving wetland
management practices. At a minimum, the research plan shall consider the following:
o Continued research of basic wetland structure and function.
o Research to quantify the relationship between upland, wetland, and aquatic
natural processes including chemical, ecological, geomorphological and
hydrological processes in various watersheds.
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o Evaluation of the potential individual and cumulative effects the following
factors have upon wetlands including:
Current "best management practices" designed to reduce
nutrient and sediment loads to wetlands.
Alteration of the land/water interface.
Increased boating activity.
Shallow water dredging impacts on biologic and hydrologic
functions of wetlands.
Structural shore erosion practices.
Stormwater management practices.
o Evaluation of the design, effectiveness and success of artificial wetlands
including those developed for:
Compensatory mitigation.
Wildlife and waterfowl improvement projects.
Non-structural shore erosion control.
Stormwater management.
Acid mine drainage reduction.
Wastewater treatment.
o Comparison of natural and artificial wetlands.
o Research on the potential mitigative measures which could be used to
counteract wetland losses due to acid rain, sediment starvation, sea level
rise, and invasion of exotic species.
o Studies investigating the feasibility and effects of wetlands created for
Stormwater management upon other wetland functions, particularly with
regard to fish and wildlife habitat and trophic structure and support.
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