HomeMy WebLinkAboutAgenda Bill 3BLate10 10/19/2009;4
From:. Diane. Reilly Torres [d"reillyto~res@sbcglobal.net~
Sent.: Thursday, Dctober 1'5, 2009 5:02- PM
To: - City:Clerk
'Subjecf: late. document Item 36
Last one. sorry can you include this link http://ceres.ca.g_ovlwetlands/introduction/defining_wetlands.html with
this email;.. thanks
Mayor,, ete; Apparently the wetlands has an obligation. through Fish and Game which the city must meet. the
City is in,favor of trap neutar and release program outside of the wetlands: The city made tradeoffs with Fish
and Game to the get. the permits to build and restore wetlands and h City must live up to agreements and
bargains made.
Since the General Plan references the definition of "wetlands" as what the .State or Department of Fish &
Game. Shouldn't the ordnance reflect any agreements that the City has with the DF&G including the definition
of "wetlands"? As the definition in the ordnance stands, it is in direct conflict with all other definitions.
However. the definitions as noted below do NOT include paved roads, buildings, business parks, etc. as is the
case with the area between Schollenberger and Lakeville Hwy.
Here is a link to what the definition of wetlands is according to the Feds, State, etc.
://ceresca, Gov/wetlands/inti
I believe that the feral cat advocates have no problem with this definition;and would also encompass what the
river people are asking for. Win,. Wnl
A City ordnance 'should not conflict with the General Plan.....correct?
Diane Reilly Torres
CWIS -- "Defining Wetlands"
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What Are Wetlands?
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Page 1 of 3
Generally; wetlands are lands where saturation with water is the dominant factor determining the nature
of soil development and the types of plant and animal communities living in the soil and on its surface.
(Cowardin, Classification of Wetlands and DeepwaterHabitats of the United States; FWS/OBS 79/31;
December 1979)
Wetlands Definition in Law
As legal protection of and scientific attention to wetlands have increased, so have the number of wetland
definitions contained in State and Federal law. Most of these definitions vary slightly but share common
terms and concepts. Both State :and Federal governments; as well as, wetlands advocates, agree that a
single, legally accepted definition of wetlands would be helpful to ensure effective wetlands regulation.
The current State/Federal system.ofwetlands regulations and definitions is fragmented and
cumbersome.
Governor Pete Wilson acknowledged this. predicament in his California Wetlands Conservation Policy
(August 1993) and promised that "the State will work toward the adoption of a consistent wetlands
definition to address this situation. This def nition will, to the greatest extent possible, be consistent with
the definition and wetlands delineation manual used by the Federal government. The.definition will also
recognize California's unique wetlands types, and not apply to prior converted croplands currently
exempt from federal regulation."
The following examples address the breadth and variability of the current State and federal wetlands
definitions. Please note that the following .examples are only selected. definitions contained in State
and Federal law and should not be considered in whole as a definitive list.
State >pefnitions
In conjunction.. with adopting a wetlands policy on Mareh 9, 1987 the California Fish, and Game
Commission assigned the Department of Fish and Game. (DFG) the task of recommending a wetlands
definition. The. DFG found the U.S. Fish and Wildlife Service (USFWS) wetland definition and
classification system to be the most biologically valid. The DFG staff use this. definition as a guide in
identifying wetlands while conducting on-site irispections for the implementation of its Commission's
wetlands policy (See USFWS definition below).
Wetlands found in the "coastal zone" are regulated under the California Coastal Act of 1976 (CCA) and
the federal Coastal Zone Management Act (CZMA), and are within jurisdiction of the California Coastal
Commission. Under the CCA; wetlands are defined as land within the coastal zone which maybe
covered periodically or permanently with shallow water and include saltwater marshes, freshwater
marshes, open or closed brackish water marshes, swamps, mudflats, and fens. (Pub. Res. Code §30121.)
http://ceres.ca.gov/wetlands/introduction/defining_wetlands.html 10/19/2009
CWIS -- "Def ning Wetlands"
Page 2 of 3
However; further precision in wetlands jurisdiction is provided to the Coastal Comrnission:under the
California, Code of Regulations. Under these provisions wetlands are defined as:
"...land where the water-table is at near; or above the land surface long enough to promote
the forrriation of hydric soils. or to support the growth of hydrophytes, and shall also include
types of wetlands where vegetation is lacking and soil is poorly developed or absent as a
result of frequent drastic fluctuations of surface water levels, wave action, water flow,
turbidity or high concentration of-salts or other substances in the substrate. Such wetlands
can be recognized by the .presence of surface water or saturated substrate at some during
each year and their location within, or adjacent to vegetated wetland or deepwater
habitats." (14 CCR 135.77)
Because San Francisco Bay does not lie within the Coastal Commission's jurisdiction, coastal
management of the bay is provided by another State agency, the: San Francisco Bay Conservation and
Development Commission (BCDC). The primary State law governing. the BCDC, the McAteer-Petris
Act, does not define wetlands but does outline the BCDC's jurisdiction respective of wetlands.
"Managed wetlands consisting of„all areas which have been diked off from the bay and have
been maintained during the three years immediately preceding the effective date of the
amendment of this section during the 1969 Regular Session of the Legislature as a duck
hunting preserve, game refuge or for agriculture." (Gov. -.Code §66610(b))
While the above examples are either biological or regulatory in nature, other definitions in State law
provide for the acquisition, enhancement; and preservation of wetlands. For instance, under the Keene-
Nejedly California Wetlands Preservation Act wetlands are defined as: ,
"...streams, channels, lakes reservoirs, bays, estuaries, lagoons; marshes, and the lands
underlying and adjoining such waters, whether permanently or intermittently submerged to
the extent that such waters and lands support and contain significant fish, wildlife,
recreational, aesthetic, or scientific purposes." (Pub. Res. Code §5812)
Lastly, under California Wildlife :Protection Act "wetlands" means lands which maybe covered
periodically or permanently with shallow water and which include saltwater marshes, freshwater,
marshes, open or closed brackish. water marshes, swamps,. mudflats, fens, and vernal pools. (Fish &
Game Code §2785)
Federal Definitions
The. U.S. Army Corps of Engineers (Corps) used the following regulatory definition of wetlands for
developing a field method for determining the jurisdictional boundaries for regulatory purposes. The
Corps definition utilizes the "three-parameter test" for permitting and planning. purposes. These three
parameters are hydrophytic vegetation, hydric soils, and wetland hydrology. Under this definition an
area is considered a wetland only if all three conditions-are present. The Corps definition states:
The term "wetlands" means those areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (33
CFR 328.3(b); 40 CFR 230.3(t))
http://ceres.ca.gov/wetlands/introduction/defining_wetlands.html 10/19/2009
CWIS' -- "Defining `Wetlands"
Page 3 of 3
The U.S. Fish~and Wildlife Service defines wetlands in a different manner. This definition states:
"Wetlands are Lands transitional. between terrestrial and aquatic systems where the water
table is usually at or near the surface or the land is covered by shallow water. For purposes
of this classification, wetlands must have one or more of the following three attributes: (1)
at least periodically, the land supports hydrophytes, (2) the substrate is predominantly
undrained hydric soil; and (3) the substrate is non-soil and is saturated with water or
covered by shallow water at some time during the growing season of each
year." (Cowardin, 1979)
The USFWS definition includes, swamps; freshwater, brackish water, and saltwater marshes; bogs;
vernal pools, periodically inundated saltflats intertidal mudflats; wet meadows; wet pastures; springs
and seeps; portions of lakes, ponds,. rivers and streams; and all other areas which are periodically or
permanently covered by shallow water, or dominated by hydrophytic vegetation, or in which the soils
are predominantly hydric in nature.
Classification
Wetlands maybe further defined. through classification. In California, wetlands are commonly classified
according to the length of time that an area is inundated or saturated by water or the types of plants and
animals an area supports. For example, if an area is only saturated or inundated for part of the year it can
be classified as a seasonal or perennial wetlands. Likewise, areas that are inundated or saturated
throughout the entire year. may be, referred to as permanent wetlands.
Other classification systems exist however. Cowardin (1979) recognizes the following five major
wetland classifications: marine, estuarine,, lacustrine, riverine, and palustrine. Marine and estuarine
wetlands are associated with the ocean and include coastal wetlands,. such as tidal marshes. Lacustrine
wetlands are associated with Takes, while riverine wetlands are found along rivers and streams.
Palustrine wetlands may be isolated. or connected wet areas and include marshes, swamps, and bogs.
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Webrnaster: wetlands a)resources.ca. ov
~`', This file last modified on: Thursday, August 13, 1998.
r~ ~_;Document URL: http://ceres.ca.gov/wetlands/introduction/defining wetlands.html
`~` 'Copyright ~ 1996 California Resources Agency. All rights reserved.
http://ceres.ca.gov/wetlands/introduction/defining_wetlands.html 10/19/2009