PROCEDURAL GUIDANCE FOR EVALUATING WETLAND MITIGATION PROJECTS IN CALIFORNIA'S COASTAL ZONE
The management and regulation of California's wetland resources are contentious issues. Although there is agreement that wetlands provide important ecological, social, and aesthetic benefits, there are also continued economic pressures to convert wetlands for other uses. Additionally, wetlands are ecologically complex, and the technical information necessary to allow for the wise management and regulation of California's wetlands is often lacking (Williams and Zedler, 1992; Zedler and Powell, 1993). Meanwhile, it is known that less than ten percent of California's historic wetlands remain (Dahl, 1990). Indeed, the scarcity, complexity, and intrinsic value of wetlands has engendered substantial concern and sustained interest in this resource.
Regulating development to minimize its effects on existing wetlands is a primary function of several agencies in California. However, an examination of the issues germane to wetland regulatory decisions demonstrates the complexity and controversy that surround regulation and protection of this resource: defining what a wetland is, determining the allowable uses, and determining appropriate mitigation are all difficult issues (Glickfeld, 1992). At the same time, there is a definite need to provide the public with a regulatory process that is not overly redundant and that contains some measure of predictability. Creative new initiatives are needed to address significant voids in protection, inefficiencies in existing programs, and counterproductive public actions and incentives (The Conservation Foundation, 1988).
Mitigating for the adverse effects of development projects in wetlands with compensatory actions is among the most difficult of regulatory issues. Numerous partially successful or failed mitigation projects attest to the fact that compensatory mitigation is not a panacea. Past experience clearly demonstrates that a great deal of effort is required by all parties to ensure successful mitigation. Compensatory mitigation is problematic for many reasons, but four basic issues give rise to many of the difficulties associated with this form of mitigation:
1)Wetlands are ecologically complex and the technical information needed to consistently succeed in their creation, restoration, or enhancement is lacking.
2)There is limited incentive to complete all of the necessary steps to ensure successful mitigation.1
3) Comprehensive, technical standards for the review of wetland mitigation plans are lacking.
4) Comprehensive technical standards for evaluating the success of wetland mitigation projects are lacking.
This document was developed to address the last two issues, although it is not intended to establish legal standards of any kind. The overall purpose of this document is to provide an analytical framework for the review of compensatory wetland mitigation plans, and for evaluating the performance of the subsequent projects. Such an approach will work towards increasing the predictability, consistency, and success of compensatory wetland mitigation projects occurring in the coastal zone. The information presented here should prove useful to Coastal Commission staff, perspective applicants, local governments, and other wetland management authorities. A major objective of this document is to promote more effective participation by all parties in situations requiring compensatory wetland mitigation.
Compensatory wetland mitigation can include wetland creation, restoration, or enhancement. However, these activities can also be undertaken for reasons other than to meet compensatory mitigation obligations. This is especially true for restoration and enhancement activities, which may be completed solely for the purpose of increasing the quality and/or quantity of wetlands in California (e.g., the enhancement of 170 acres of the Bolsa Chica Ecological Reserve by the Department of Fish and Game). Whether wetland creation, restoration, or enhancement is undertaken for the purposes of compensatory mitigation or for other reasons, the information from this document should still prove useful, both in the development of appropriate plans and in evaluating project performance. A major goal of this document is to provide a process that can help to improve the success rate of all wetland creation, restoration, and enhancement projects undertaken in the coastal zone.
1For an informative discussion of this issue see, King and Bohlen, 1994.
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