Water Panel Retreats on Wetlands Protection

January 2007

In a troubling reversal, the Water Resources Panel voted unanimously January 9 to table a proposed policy that would have helped safeguard the state’s dwindling number of wetlands — Mother Nature’s filter for keeping our fresh water clean. This surprising turn follows closely on the heels of other recent decisions from Vermont’s environmental review panels to retreat from positions that would protect the state’s environment, including the Natural Resources Board move to support an Act 250 utility line exemption.

The Water Resources Panel’s recent reversal came after months of testimony about improving wetlands regulation in Vermont. After declaring categorically that it would pursue a protective wetlands approach known as “Maps-Plus,” the panel abruptly shifted course, leaving some to wonder if last minute pressure from a small number of special interest groups is to blame. The move is troubling because instead of taking bold, forward-thinking action, the Panel voted to recommend a legislative quick-fix of modest measures, none of which will adequately protect Vermont’s most vital wetlands.

“I’m disappointed and surprised,” said Kim Greenwood, staff scientist for the Vermont Natural Resources Council. “Vermont’s wetlands — and the wildlife habitat, flood control, open space and water quality they provide — are the losers in this recent backpedaling. The Panel’s retreat means that Vermont’s wetlands won’t get the long-awaited, full protection they deserve, at least any time soon. And as more wetlands are filled in every day for development, lets hope that it won’t be too late.”

The Water Resources Panel, which regulates certain water resource activities, last spring launched a wetlands investigation. The Panel charged a broad stakeholder group with two tasks: find a fix to the legal issues created by a court decision and find a way to protect ecologically significant wetlands not protected under state law.

To answer these questions, more than a dozen groups spent months gathered around the table to hear expert testimony on the issue. VNRC joined representatives from planning, environment, state and federal government, business and agriculture, among others, in putting in approximately 2,500 person-hours to determine how to safeguard the state’s wetlands. In September, the panel issued a final decision to move forward with a comprehensive and appropriately protective approach to wetland regulations, the so-called “Maps Plus” approach.

But, in a surprising last-minute reversal, the Panel shelved this broadly supported solution, ignoring months of hard work and consensus building to get there. This disappointing decision not only undermines the integrity of the public process the state uses to arrive at important decisions like this, but once again, leaves Vermont’s vital wetlands unprotected.

More Background on Vermont Wetlands
Vermont regulates “significant wetlands.” These wetlands are not necessarily those that are the most ecologically significant, but simply those on the Vermont Significant Wetlands inventory maps, which are badly outdated. Up to a third of ecologically “significant wetlands” are not on the maps and up to 7 percent of the areas mapped as wetlands on the maps are not, in fact, significant wetlands. Consequently, people using the maps are making decisions based on inaccurate information.

Since Vermont was settled by Europeans, some 35 percent to 50 percent of the original wetlands in Vermont have been lost or severely impaired due to draining, dredging, filling, or excavation activities associated with industrial and residential development and agriculture. Those that remain are even more critical and worth protecting for many reasons.

Wetlands Facts
Wetlands are important because they provide:

• Flood Control: Wetlands temporarily store floodwaters during big rains or snowmelt. As floodwaters recede, the water is released slowly from the wetland soils. By slowing the rate that water re-enters the stream channel, wetlands can reduce the severity of downstream flooding and erosion.
• Water Quality: Wetlands act as filters by removing pollutants from dirty surface waters.
• Erosion Control: Vegetated wetlands along the shores of lakes or rivers can protect against erosion caused by waves along the shorelines during floods and storms.
• Fisheries Habitat: Northern pike, black bullhead, yellow perch, pumpkinseed sunfish and bluegill sunfish and other fish species use wetlands for spawning.
• Wildlife Habitat: Wetlands provide essential habitat and food for wildlife species including the Canada goose, wood duck, great blue heron, muskrat, beaver, snapping turtle and bullfrog. Black bear, moose, deer, wood frogs, and marsh hawks, also need wetlands during parts of their life cycle. Wetlands also provide habitat for threatened and endangered species.
• Recreation and Economic Benefits: Wetlands provide opportunities for hiking, boating, hunting, fishing, trapping and birdwatching. Natural products are produced in wetlands, including include timber, fish and shellfish, wildlife, blueberries, cranberries, and wild rice.
• Education and Research Opportunities: Wetlands can provide tremendous opportunities for education and research.
• Open Space and Aesthetics: Many wetlands are visually rich environments because of their ecological interest and diversity. Historically, writers, artists, and photographers have been drawn to wetlands trying to capture the beauty on canvas and paper.

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