Avoid, minimize and replace

By Sharon McLeay Times Contributor

Wheatland County council got a unique tutoring session on the area’s wetlands on Jan. 9.
Janeen Ogloza, scientist and consultant for TerraShift Engineering, outlined the different types of wetlands, the current regulations and how the new Alberta Wetland Mitigation Directive will impact residents and builders in Wheatland County.
The province approved the plan in November 2017. Its goal is to avoid or mitigate impacts to wetland areas, replace and restore lost wetland areas, and establish their value.
“Alberta wetlands have been slowly disappearing from Alberta. They have slowly decreased from one third to one fifth (of total land in Alberta),” said Ogloza.
Wheatland County falls under the National Grasslands and Prairie pothole region. Pothole regions are wetlands used by migratory birds, and over 600 species of plants and animals. Fifty per cent of those are considered at risk. Ogloza said there is a decrease of pothole wetlands by 40 to 70 per cent.
She said major loss contributors are farming and urbanization. The increasing blue algae blooms throughout the province indicate vanishing wetlands. Wetlands remove phosphorus and nitrogen from water, while blue algae quickly feeds on excess fertilizers, leading to its spread, and depletes oxygen in water areas, causes fish die-off, plant degradation and soil decomposition.
Wetlands are important to humans too, as they aid in carbon sequester and water purification, and provide wildlife habitat and help with flood risks.
There are two types of wetlands: mineral wetlands are shallow open water, and marsh and swamp. But what many people don’t consider is organic wetlands that include bogs and fens, which often present as spongy land that floods and dries up off and on. Wetlands are classified by a specific formula based on peat levels in the soil.
“Not all wetlands look wet,” said Ogloza. “The problem with wetlands is they are hard to recognize.”
She said ponds are easily recognized, but the lands getting to them may also be bogs or fens. Wetland assessments and pre-disturbance assessments made prior to the June 1, 2018 deadline will be acceptable to the province. But older assessments that are grandfathered may have some additional conditions. New development or changes to the boundaries of a project, including any expansions that decrease wetland areas, will have to comply with the new replacement requirements.
The Water Act, Public Lands Act, and Environmental Protection and Enhancement Act are the three government documents governing wetlands. They legislate that all beds and shores of any water body are public land and require approval prior to any disturbance. Fines are issued for breaches. Enforcement falls to Fish and Wildlife officers.
Six regulatory documents for mandatory adherence and management can be summarized by three words: avoidance, minimization and replacement.
Those farming near wetlands, or proposing construction on or near them, will have to get creative and look for alternatives, placing wetland health initiatives first.
New applications will first have to show how their plans will avoid wetland areas. If it is shown the activity cannot be avoided or minimized, a wetland restoration plan must be put in place to gain approvals.
There is a third-party restoration bank being set up, where credits can be traded. It allows for replacement or creation of wetlands. There are multiple factors used to judge the value of a wetland. Conversions range from a two-to-one ratio, up to eight-to-one-acre restoration for disturbances. Guidelines for the bank are under development.
A fee in lieu of the watershed can be paid, or another wetland of the same value developed in the same area, vicinity or on land with high wetland loss, can be done. Applicants can expect to pay in-lieu rates ranging from $10,300 to $19,400 per hectare.
There are some computer tools to indicate if an area is a protected wetland. Most wetlands have been mapped but they continue to be updated.
A program is being developed as reference for individuals and companies but is not available yet.
Forms called WAIF (low impact disturbance) or WAIR (high impact disturbance) are available and must be completed with applications.
There are some county grants to help farmers pay for fencing and reparations around wetlands. For more information, consult Wheatland County.
Ogloza said implications might be that farmers had land they were using that is no longer available to them and the county will have to monitor development leading to more duties for staff and possible encumbrances for those looking to build or develop. Enforcement may also be an issue, as Fish and Wildlife experienced serious staff cuts in the 1990s and have not recovered their officer numbers.
Departments were reorganized and amalgamated under the Conservative government.