PROCEDURAL GUIDANCE FOR THE REVIEW OF WETLAND PROJECTS IN CALIFORNIA'S COASTAL ZONE
INFORMATION REQUIRED FOR THE EVALUATION OF A COASTAL DEVELOPMENT PERMIT APPLICATION PROPOSING DEVELOPMENT ACTIVITIES IN A WETLAND.
All coastal development permit applications must contain information required in Section 13053.5 of the CCC Administrative Regulations. In addition, applications for development projects affecting wetland resources must include all maps necessary to describe the project, results of biological, soil, and hydrological surveys, an alternatives analysis, plans for mitigation and monitoring as appropriate, and an ecological study. At a minimum, the application should contain the following information:
1) A comprehensive project description.
2) A description of wetland habitat type(s) and the approximate area each habitat covers using the classification procedures described in Cowardin et al. (1979)1
3) Detailed topographic base map(s)2 of the site with information taken from recent (1–2 year old) aerial photographs. If only older aerial photographs are available, the site information must be updated from field visits. The map should indicate 0.5 to 1.0 foot contours, the specific datum reference used (either mean sea level or mean lower low water), and show the applicant's property boundaries and adjacent property boundaries (including parcel lines of any tidelines, submerged lands or public trust lands). All parcels should be identified by their assessor parcel numbers.
4) A detailed hydrologic map. For tidal wetlands the map should show areas inundated at high and low tides, along with estimates of the effective tidal range and tidal lag. For non-tidal wetlands the map should show the permanent or seasonal water patterns of inundation (including sources) in years of low, average, and high rainfall.
5) A detailed vegetation map. This map should identify the type, location, and percent cover of all plant species.
6) A detailed soils map. This map should identify the type and location of all soils and include a description of the soil types.
7) A detailed site map. This map should show the location and size of the proposed development, including and dikes, culverts, or tide gates.
8) A grading plan. This plan should show the extent and quantity of filling and/or dredging, the type and source of fill and/or dredge material including determinations of grain size and tests for possible pollutants, and the location of any proposed dredge disposal site.
9) History of the site, if available, including:
a) Collection of older aerial photographs and maps. These historic photographs and maps should be used to establish, if possible, the previous natural state of the wetland prior to any artificial modification.
b) Collection and summary of all available studies of the wetland site. This should include land use studies, environmental documents, and scientific reports. Existing land use policies and any approved plans for the site should also be included.
10) A complete description and analysis of existing ecological conditions at the project site, including:
a) A discussion of the ecological value of the plants and animals using the wetland and adjacent areas.
b) A discussion of the wetlands present functions and values.
c) An evaluation of potential and existing impacts including the effects of sedimentation and pollutants from residential, industrial, agricultural, and flood control activities to the wetland and associated watershed.
11) An analysis and discussion of project impacts, including an analysis of whether the project maintains and enhances the functional capacity of the wetland. "Functional capacity" means the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity. In order to establish that the functional capacity is maintained, the applicant must demonstrate all of the following:
a) That the project does not alter presently occurring plant and animal populations in the ecosystem in a manner that would impair the long-term stability of the ecosystems, that is, that the natural species diversity, abundance, and composition are essentially unchanged as a result of the project.
b) That the project does not harm or destroy a species or habitat that is rare or endangered.
c) That the project does not harm a species or habitat, which is essential to the natural biological function of the wetland or estuary.
d) That the project does not significantly reduce consumptive (e.g., fishing, and hunting) or non-consumptive (e.g., water quality, and bird watching) values of the wetland or estuary.
12) An alternatives analysis that at a minimum includes the following:
a) A review of all feasible alternatives including:
Consideration of alternative sites, including sites which are completely outside the wetland.
Reconfiguration of the project including a reduction in project size, density, or coverage.
b) Identifies the wetland impacts of each alternative, including a determination of the amount of habitat lost and an analysis of the impacts to the functional capacity of the system.
c) Selects the least damaging feasible alternative.
13) A mitigation plan. When there is a potential loss of existing wetland habitat or value, a plan must be included that, if implemented, will result in the replacement of all lost wetland functions and provide a net gain in wetland acreage. A mitigation plan can take several forms, although a restoration plan is the most common form submitted to the CCC. The list below assumes that wetland restoration is the type of mitigation chosen.
a) All restoration plans must at a minimum include the following:
Clearly stated goals and objectives that provide for the establishment of functions and values at least equal to those occurring at the impact site. The stated goals and objectives should also be consistent with established regional habitat goals where possible. These regional goals must identify functions and or habitats most in need of replacement or restoration and must be as specific as possible.
Adequate baseline data regarding the biological, physical, and chemical criteria for the restoration area.
Documentation that the project will continue to function as a viable restored wetland site over the long term.
Sufficient technical detail on the restoration design including, at a minimum, an engineered grading plan and water control structures, methods for conserving or stockpiling topsoil, a planting program including removal of exotic species, a list of all species to be planted, sources of seeds and/or plants, timing of planting, plant locations and elevations on the restoration base map, and maintenance techniques.
Documentation of performance standards, which provide a mechanism for making adjustments to the mitigation site when it is determined, through monitoring, or other means that the restoration techniques are not working.
Documentation of the necessary management and maintenance requirements, and provisions for timely remediation should the need arise.
An implementation plan that demonstrates there is sufficient scientific expertise, supervision, and financial resources to carry out the proposed activities.
A monitoring program (see below for more details).
b) For a restoration plan to be deemed acceptable, it must also include evidence or other conclusive information that:
The site can be purchased prior to commencement of the development project and dedicated to a public agency or otherwise permanently restricted in use to "open space".
A bond or other method exists to guarantee successful completion of the mitigation project.
The site is located in an area no longer functioning in a manner beneficial to wetland species, such as a formerly productive wetland or estuary that is now biologically unproductive dry land.
The site can be restored to "equal or greater biological productivity" (Coastal Act Section 30607.1) than the area lost, with the same type and variety of plant and animal species. That is, the mitigation wetland would replace the functions and values existing at the impacted wetland.
The site is located in the same region (e.g., within the same water body or watershed) as the wetland impacted through development.
c) The restoration plan shall include detailed construction and management plans that:
Identify the habitat values that will be created at the restoration site and the time frame for completion.
Establishes monitoring and maintenance programs that provides an objective way to evaluate the success of the restoration project and ensure its long-term maintenance.
15) The monitoring plan provides an objective way to evaluate the success of the restoration project. When properly conducted, monitoring provides invaluable information regarding:
Compliance of the restoration plan with the stated restoration goals.
Identification of major problems or flaws in the restored area.
Provide ways to improve future wetland restoration plans.
The monitoring program is intended to document changes in the physical, chemical, and biological status of the restored area through the collection and analysis of relevant data. The monitoring plan should include the following components:
a) Provisions for independent monitoring of the site for at least five years after completion of the mitigation project. The intent is to continue monitoring until the "success" of the project has been determined. For larger projects where new wetlands are created, extended monitoring will be required.
b) Repetitive surveys for plants and animals (including species of special concern) throughout the various habitats of the restoration area using techniques that permit a determination of species composition and abundance (percent cover for plants). Both terrestrial and aquatic animals should be surveyed. At least one survey should occur prior to any restoration activities.
c) Monitoring of hydrology. For tidal wetlands this would include a determination of the areas inundated at high and low tide, tidal prism, and water velocity. For non-tidal wetlands, this would include determination of permanent and seasonal patterns of inundation and water sources.
d) Monitoring of water quality. Repetitive sampling of various chemical and physical constituents such as salinity, pH, nutrient concentration, dissolved oxygen, temperature, and turbidity throughout the year. The sampling pattern may vary throughout the year and may include more intensive sampling over several tidal cycles to determine short term salinity patterns.
e) Monitoring of soil chemistry. This will serve primarily to document trends in soil salinity in tidal wetlands, but may include measurements of other constituents as required.
f) Ongoing procedures for the identification and correction of problems as they arise. Such problems may be related to the physical, chemical, or biological attributes of the restoration site, or difficulties in meeting restoration objectives and timelines.
g) Provisions for timely analysis and production of annual reports. These reports will be distributed to the CCC and other interested parties. Upon completion of the monitoring program, a final monitoring report that analyses all monitoring data and presents different management options shall be completed.
1Cowardin, L.M., W. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetland and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, Office of Biological Service. Washington D.C. FWS/OBS-79/31.
2All maps should be completed at the same scale and use the same orientation to allow overlaying.
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Chapter 1: Coastal Development Permit Review Process
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Chapter 3: Protection and Management of Wetlands in
the California Coastal Zone: A Review of Relevant Agencies and Processes
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Appendix B: Sample Form Letters For Use In The
Review Of CEQA Required Documents And The Processing Of Coastal Development
Permit Applications
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Appendix D: Wetlands Resource And Regulatory
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