Alberta Wetland Policy: A Shift in Values Alberta Environment and Sustainable Resource Development 2013 Outline • What is a wetland? – Definition – Importance of wetlands on the landscape • Wetland Policy: – – – – – – – Challenges and limitations of the interim policy A new wetland policy for Alberta “Relative Wetland Value” Wetland Mitigation System The Management Framework Supporting Tools and Points of Interest Next Steps What is a Wetland? • “A wetland is land saturated with water long enough to promote formation of water altered soils, growth of water tolerant vegetation, and various kinds of biological activity that are adapted to the wet environment.” • Highly diverse, productive ecosystems that provide a host of ecological services. • Play an important role in sustaining healthy watersheds by: – protecting water quality – providing water storage and infiltration – providing habitat for wildlife, fish and plants, and sustaining biodiversity. • A unique transitional phase between aquatic and terrestrial ecosystems • Amongst the most biologically diverse habitats on earth. What is a Wetland? Bog Marsh Fen Swamp Shallow Open Water The Role of Wetlands • To date, Alberta has lost between 60 and 70% of wetlands within the White (settled) Area of the province. Losses are ongoing. • Water Quality: – Sedimentation – removal of particulates – Nutrient removal/retention – phosphorus and nitrogen – Contaminant removal – pesticides, herbicides, pharmaceuticals, metals • Hydrology: – Water retention – moisture from precipitation and snowmelt is retained on the landscape. – Groundwater recharge – water from precipitation and overland flow is filtered and reintroduced into shallow aquifers. – Flood mitigation – During spring melt and episodic rainfall events, water is retained and released gradually, reducing stream flow and likelihood of downstream flooding. The Role of Wetlands • Biodiversity: – – – – Rare, threatened, and endangered species Waterfowl habitat (flyways, breeding) Wildlife corridors Vital amphibian, songbird, and invertebrate habitat – Fish nurseries • Human Uses: – – – – Hunting Bird Watching Traditional Uses (bog cranberry, labrador tea, cattail root, etc.) Stock Grazing (drought) Current System Gaps • Decision Makers: – Approach to wetland management is not clearly defined – Inconsistency in regulatory requirements/decisions – Lack a coherent set of provincial guidelines for regulators • Developers: – Lack clarity, predictability, consistency in approvals processes – Growing uncertainty over future direction – Potential implications for future investment decisions • Social License: – Perceived level of commitment to informed environmental management and responsible stewardship – Outstanding commitment under LARP – Perceived failure to address development pressures in the boreal Existing Policy – Challenges • The interim policy promotes avoidance and minimization: – Where avoid and minimize are not practicable, a 3:1 compensation of wetland area in the same general vicinity is required. Ratio intended to increase with distance from impact. – Compensation typically in the form of wetland restoration. • Water Act applications for development in a wetland often proceed straight to the compensation stage: – The quality or value of a wetland is generally not considered or fully known. – Burden of proof to enable avoid/minimize lies with the approval writer (avoidance not necessarily captured/recorded). • Risk losing higher value, highly functioning wetlands and replacing them with lower value, less functional wetlands. New Policy Context • Outstanding commitment for delivery of a provincial-scale wetland policy (W4L Strategy, 2003) • Context and direction set under the Land Use Framework • Expectations for an integrated, comprehensive, consistent approach to wetland management (IRMS). • To be effective from the date of implementation: – Will not apply to activities previously approved, projects in application at the time of policy approval, or to project renewals. • To enable a balanced and informed approach to wetland management. – Environmental performance (provincial scale), based on an adaptive management system. Stakeholder Engagement • Alberta Water Council recommendations for a new provincial wetland policy (2008). • “Wetlands – Policy Intent” (2010) – High level strategic policy document, based primarily on the Water Council Recommendations. – Stakeholders agreed with policy direction. Expressed need for clarity on: • Relative Wetland Value • Wetland Mitigation • Relative Wetland Value Working Group (May – July, 2011) – Group of ~20 external stakeholder organizations that helped establish principles and criteria to guide development of a relative wetland value assessment system. • Mitigation Working Group (September – November, 2012) – Principles and criteria to aid development of the wetland mitigation system. Alberta Wetland Policy • Policy Goal: – To conserve, restore, protect, and manage Alberta’s wetlands to sustain the benefits they provide to the environment, society, and the economy. • Policy Outcomes: 1. Wetlands of the highest value are protected for the long-term benefit of all Albertans. 2. Wetlands and their benefits are conserved and restored in areas where losses have been high. 3. Wetlands are managed by avoiding and minimizing negative impacts, and, where necessary, replacing lost wetland value. 4. Wetland management considers regional context. Relative Wetland Value • Alberta’s wetlands are highly diverse in form, function, use, and distribution across the province – they are not all of equal value. • Relative wetland value – comprising wetland area, functions, benefits, and abundance – will be used to inform wetland management. • Examples of wetland functions: – Biodiversity (#/diversity of species, rare/endangered species/critical habitat) – Water Quality Improvement (e.g., sediment, phosphorus, nitrogen retention) – Flood Mitigation • Wetland benefits (human uses) – Education, recreation, cultural significance • Potential to shift toward an ES-based approach in the future. Relative Wetland Value Wetlands will be assessed against the indicated criteria and assigned a relative wetland value of A (high), B (moderate), C (moderately low), or D (low). Biodiversity Flood Reduction Human Value Abundance Water Quality Improvement Wetland Value Categories Increasing Wetland Value Wetland Value Criteria High (A) Moderate (B) Moderately Low (C) Low (D) Relative Value Assessment Units • Spatial constraint supports meaningful comparison of wetlands at the Class (bog, fen, marsh, etc.) level. • Allows adjustment of individual metrics to reflect significance/priorities within a given area. • In situations where replacement opportunities are limited, RWVAU support restoration opportunities or needs in other priority areas. From Area to Value • An area-based system fails to consider: – Significance of a wetland, in terms of functions and benefits provided. – The quality of replacement wetlands. – Substitution of high value wetlands with those of lower value over time. • A value-based system: – Helps ensure informed wetland management, taking into account both the significance of the lost wetland and the quality of the replacement wetland. – Supports the ‘avoid’ and ‘minimize’ components of the mitigation hierarchy (burden of proof transferred to proponent). – Supports a cumulative effects management system, by considering the broader landscape context and taking into account regional priorities. – Encourages continuous improvement in the wetland mitigation system by acknowledging efforts to improve the quality of replacement wetlands. Mitigation System Avoid Minimize Replace Avoidance – The preferred response is to avoid impacts on wetlands. Minimization – Where avoidance is not possible, proponents will be expected to minimize impacts on wetlands. Replacement – As a last resort, and where avoidance and minimization efforts are not feasible or prove ineffective, wetland replacement will be required. Wetland Replacement • Replacement costs reflect relative wetland value – A (High) to D (Low). • Majority of proponents will pay in-lieu fee, rather than engage in restoration (decoupled). – Risks associated with restoration reflected in cost • Replacement requirements focused on wetland restoration, but enable support for wetland research, education, securement: – System promotes wetland outcomes and continuous improvement. • Ephemeral water bodies (Class I, S&K) will not be subject to wetland replacement requirements. Wetland Replacement • All permanent wetland losses (excepting Class I), will be considered in the context of an informed and flexible replacement system. • Wetland reclamation commitments, as established through reclamation plans, will help inform the determination of replacement requirements. • Replacement will consider both restorative and nonrestorative options, based on defined criteria. • Replacement requirements enable and encourage innovation. • Wetland replacement will be spatially prioritized. The Replacement System • Replacement will be enabled in one of two ways: 1. In-lieu fee payment: • Proponent pays a replacement fee to a coordinating body. • Funds are allocated based on defined priorities, including restorative and non-restorative measures. • Proponent is relieved of liability. 2. Permittee-responsible replacement: • Proponent assumes responsibility for an agreed/approved replacement program. Deriving Replacement • Considerations – Reference point of 3:1, based on current area-based approach for the settled area. – Intent to shift from an area-based system to a value-based system. – Abundance is a key factor for some parts of the province • Core Assumptions – – – – Relative value will range from D (Low) to A (High). Basal ratios expressed in terms of D-value wetlands. Ratio construct will encourage/facilitate continuous improvement. Flexibility in ratios, to facilitate evolution over time (reflecting advances in science and technology). Replacement Ratios The Wetland Replacement Matrix Value of Lost Wetland Value of Replacement Wetland D C B A A 8:1 4:1 2:1 1:1 B 4:1 2:1 1:1 0.5:1 C 2:1 1:1 0.5:1 0.25:1 D 1:1 0.5:1 0.25:1 0.125:1 *Ratios are expressed as hectares of wetland Cost of Replacement In-lieu fees may be derived on the basis of: • The average cost of wetland restoration work (established provincially). • The cost of monitoring restoration success over the long term (established provincially). • An administrative fee (established provincially). • The average value of land within the area of original wetland loss (established locally). • The cost of securing restored wetlands. • Liability cost. Management Framework • Mitigation System – Principles, criteria, and guidance documents to support project planning and activity-based management requirements, SOPs, COP – Opportunities for a Mitigation Bank • Operational Components – Site-specific wetland assessment tool (minimize subjectivity, maximize consistency) – Explicit regulatory processes: guidelines, criteria, and standards to guide decision-making, development, and management • Knowledge Systems – Alberta Wetland Classification System (common standard) – Provincial Wetland Inventory (complete, subject to continuous improvement) – GIS-Level Value Map (foundation for planning & management) – Databases, Web Portal Of Interest… • Constructed wetlands/storm water retention ponds – Not currently recognized as wetland replacement – To be recognized as partial replacement under the AWP, pending development of criteria and guidelines • Qualified Wetland Aquatic Environment Specialists – Criteria, qualifications, and a certification system to support establishment of a community of QWSPs • Certified Mitigation Agents – Development of criteria, qualifications, certification system, and registry for mitigation agents in the province – Municipalities, consultants, ENGO Next Steps • Working groups to develop operational components. – – – – – Technical Governance/Economics Regulatory Systems Education/Outreach Knowledge Systems • Targeted engagement of appropriate stakeholders (external and cross-ministry). • White Area implementation (August 2014) • Green Area implementation (August 2015) Questions? Photo Credit: Clayton Spytz
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