Useful Guides and References for a Wetlands Agent
Purpose
These are resources I’ve used or saved while working as a wetlands agent. Some are technical guidance documents, others are general references or examples from other states or agencies.
I’ve included short notes on what each resource is, where it has been useful in practice, and any limitations I’ve noticed.
These can be good starting points that can be adapted to specific projects and local regulations.
Not everything will apply in every situation. In many cases, they’re most helpful as a starting point for thinking through a problem rather than a final answer.
As you can see below, I often like to find different perspectives and different ways to look at and approach situations. Certain guides may not 100% apply to Connecticut–but looking outside the normal resources can offer a unique perspective and can often lead to creative and effective ways to address situations you might find yourself in as a Wetlands Agent.
General Wetlands / Regulatory Guidance
How to Determine Significance in New York – (New York DEC)
What it is: This is a section of an environmental assessment workbook used in New York to determine what makes an activity “significant.” While this document doesn’t translate entirely to Connecticut law, it does establish a decent framework for thinking through a project and what exactly makes it “significant” or not.
Here’s a quote from that document… “That is because the significance of an impact is dependent on the context of the project, and the magnitude, duration, importance, irreversibility, and likelihood of that impact occurring. Each impact must be judged and weighed by these different characteristics. Similar projects may have different decisions on significance because of that.”
The Connecticut Siting Council – (Connecticut DEEP)
What it is: This is a document published by the Connecticut DEEP explaining the functions and jurisdiction of the Connecticut Siting Council (CSC). As a wetlands agent, I received a lot of questions as to what the Commission could do about a proposed cellphone tower in town. As a commissioner, I remember a proposed solar panel farm that was big enough to fall under jurisdiction of the CSC, and the resulting confusion and frustration from the public and some of the commission members.
It’s a good idea to familiarize yourself with the CSC and it’s function in case a project is proposed in your town that falls under their jurisdiction.
Erosion and Sediment Control
How to Install a Silt Fence for homeowners (Doityourself.com)
What it is: There is no shortage of information about proper, professionally installed erosion control systems. As a “small-town” Wetlands Agent, I often dealt with smaller projects where the applicant/engineer/lead foreman/laborer was the homeowner. Often, these projects were their first foray into land use projects in regulated areas. Simple guides like this one were helpful to quickly explain how to properly install and maintain stuff like a silt fence.
Design / Construction / Field Practices
Bioretention Manual (Prince George’s County Maryland (2009)
What it is: This is an in-depth manual on bioretention structures, covering simple and complex types of basins, when and how to use them, maintenance, and much more. I found it useful when we were thinking about different types of retention basins and devices to use around the Lake District.
Wetlands Best Practices Manual – Techniques for Avoidance and Minimization
Environmentally Sensitive Maintenance for Dirt and Gravel Roads (Pennsylvania DOT and others, 2006)
What it is: An expansive guide covering everything you need to know about designing, constructing, and maintaining dirt roads. It’s a good resource to have when reviewing applications for projects like timber harvests or residential construction with long driveways or wetlands crossings. Early phases of construction projects often include dirt roads, so learning about proper design and construction can reduce potential for erosion or dust problems during the work, and before surfaces get paved.
Enforcement / Process / Administration
5 Helpful Steps to Negotiate the Best Permit Conditions for Every Project
What it is: This is a post from the website of Dudek, an environmental, planning, and engineering firm based in California.
Why it’s useful: This one is interesting because it looks at negotiating permit conditions from the applicant’s side. It can give insight on the applicant’s perspective and what they may ask for, and it also can help you make better decisions and draft more effective and useful permit conditions.
Compilation of Permit Writing Tips and Best Practices – National Pollution Discharge Elimination System (2017)
What it is: This is a helpful “plain-language” guide to writing clear and effective permits and other legally binding documents—something you do a lot as a Wetlands Agent.
Public Hearing Procedures and Ethical Considerations (CT Bar Association)
What it is: This is from an “Ethical Considerations in Environmental Law’ seminar hosted by the Connecticut Bar Association in 2019. The first section on Public Hearing Procedures, written by Attorney Mark Branse of Halloran and Sage, is especially useful. I printed a copy of that section and referred to it often.
Why it’s useful: Sometimes, the average regular commission meeting can get a little sloppy. Often, the sloppiness slips by since most permit applications don’t end up in court or even get contested by anyone. Public Hearings–especially if you don’t have them often–are events where a commission and it’s staff can make mistakes if they don’t follow the correct procedures. It’s good to review documents like this one every once in a while so the Public Hearing is run correctly and legally.
Of course, laws and regulations change, so this and other documents should be checked periodically for relevance. If I do print something out, I make sure to write the date on the printout so I know how old it is.
Interesting or Unusual References
Managing Reclamed Sand and Gravel Mines – The Wildlife Professional (2018) (New Hampshire)
What it is: This is an interesting way to look at restoration practices. In some instances, human impacts like sand and gravel mining can create unique microhabitats for certain species, and our typical approach to “restoration” can actually cause more harm than good. I found this one while researching options for gravel pit restoration plans in the town I was working in.
Do-it Yourself Septic System Inspection Manual (Washington)
What it is: Sometimes, going out of state or even taking a cross-country internet search can open your eyes to some creative ideas. In lake communities full of aging and undersized septic systems, this manual could help protect or improve water quality as a supplement to any legally required inspections.
Wetlands Commissions often get involved in “other business” discussions that aren’t related to evaluating a permit application. Sometimes residents, lake associations, or other town groups ask you for ideas. This manual is a good example of something I found while researching steps a lake association could take to improve water quality. And, things like this could be modified or adapted. Instead of just handing the manual to a homeowner, maybe a group of volunteers could learn the skill and have an “inspection weekend.” Or, maybe an association could offer a discounted annual fee if you inspect your septic system yourself. Or, it could just spark a discussion and you might come up with something totally different but more useful.