PROCEDURAL GUIDANCE FOR THE REVIEW OF WETLAND PROJECTS IN CALIFORNIA'S COASTAL ZONE
Section 309 of the federal Coastal Zone Management Act of 1990 required coastal states with certified coastal zone management programs to develop "enhancement objectives" for specific issue areas. Wetlands was one of the issue areas specified in Section 309, and subsequently the California Coastal Commission (CCC) adopted an enhancement strategy that proposed strengthening the Agency's wetlands decision-making process. This wetlands procedural guidance document is the mechanism for implementing the required program changes.
This wetlands procedural guidance document has two main purposes: 1) to provide specific updated interpretations of the enforceable California Coastal Management Program (CCMP) wetlands policies and their associated procedures for Commission staff, applicants, local governments, and/or other wetlands management authorities; and 2) to refine and supplement the wetlands ecology and management issues discussed in the Coastal Commission's Statewide Interpretive Guidelines For Wetlands And Other Wet Environmentally Sensitive Habitat Areas, which were adopted in 1981.
This Wetlands Procedural Guidance Document consists of four chapters and three appendices, which together meet the stated purposes. The document begins with a description of the various procedures currently available for reviewing proposed wetland development projects located in the coastal zone. Topics covered include a discussion and review of the environmental review process (CEQA/NEPA), and the CCC's coastal development permit application review process for wetland development projects. Specific strategies for effective use of these review processes are also described. A major objective of these procedures is to promote early and effective participation in the relevant review process.
Chapter two provides basic information necessary for the objective development and review of comprehensive mitigation plans for development projects affecting wetlands. Mitigation for the adverse affects of development projects in wetlands can take on a variety of forms. However, compensatory mitigation (enhancement, restoration, or creation) is the most common type of mitigation proposed in coastal development permit applications. Numerous partially successful, or failed mitigation projects attest to the fact that mitigation is not a panacea. Past experience clearly shows a great deal of effort is required by all parties to ensure successful mitigation.
Chapter three provides an up-to-date review of the agencies and processes involved in the protection and management of California's coastal wetlands. The regulations, policies, and processes guiding the management and protection of California's coastal wetlands are numerous, and complex. Although specific regulations controlling development in wetlands exist at all levels of government, there is evidence to suggest the goal of no-net-loss of wetlands has not been achieved. The ability to protect existing wetlands is also hampered by inconsistencies among regulatory agencies and gaps in existing regulations. The lack of a single, clear, and broadly instituted definition for a wetland is a major inconsistency among regulatory agencies, which can act to compound regulatory problems. Meanwhile, certain types of wetlands, such as riparian areas and seasonal wet wetlands, do not receive equal protection at all levels of government because of differences in adopted definitions, agency imposed limitations of adopted definitions, and jurisdictional limitations. More recent activities, however, should improve the current situation. Specifically, the Wilson administration (State) and the Clinton administration (federal) released wetland policy statements in August 1993, which are designed to provide a consistent policy framework for the management and protection of wetlands. Implementation of these policy statements is underway.
Chapter four presents a review of scientific and technical information relevant to understanding priority wetland resource concerns. Three features of coastal zone wetlands are discussed: 1) ecology; although a multitude of concepts, principles, and methodologies exist to assist in understanding the ecology of wetlands, our level of knowledge is still relatively rudimentary. This is particularly true for California's wetlands, where ecosystem research lags far behind that of Atlantic or Gulf cost efforts. 2) functions and values; California's coastal wetlands have a number of important functions and values. Although knowledge of most functions and values has existed for some time, their combined importance has increased over time because of the enormous wetland losses California has endured. And 3) sources of impacts; because of the relatively high social value placed on the coastal zone, coastal wetlands have received greater protection than their inland counterparts. The alteration of wetlands in many coastal states —including California— is strictly regulated and generally prohibited. Much of the current loss of wetlands in the coastal states is attributed to either a lingering legacy of past development (e.g., agricultural, urban, and industrial development) or related to secondary or indirect effects of current projects (e.g., point- and nonpoint-source pollution, or changes in the timing and amount of fresh and saltwater inputs).
This document also contains a glossary of terms, which is designed to assist the reader in understanding specific terms and scientific jargon. All words underlined in the text are defined in the glossary.
An important element of this document is the implicit commitment to keep the information current. CCC staff will update this document as new policies are put into place and as new information becomes available. This is especially relevant in light of the recently released State and federal wetland policy statements. Implementation of the initiatives and action items in these policy statements may affect management and regulation of wetlands in the coastal zone. This document provides one way to integrate these and other future changes into the CCMP.
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