Wisconsin Legislature: Ch. Adm 60 TOC

Chapter Adm 60

WISCONSIN ENVIRONMENTAL POLICY ACT,
PROCEDURES FOR DEPARTMENT ACTIONS

Adm 60.01 Purpose.

Adm 60.02 Definitions.

Adm 60.03 Department action type list.

Adm 60.04 Determination of need for an EIS.

Adm 60.05 Scoping.

Adm 60.06 Contents of an EIS.

Adm 60.07 Distribution and review of the DEIS and FEIS.

Adm 60.08 Public hearings on the DEIS and FEIS.

Adm 60.09 Record of decision.

Adm 60.01 Purpose. The purpose of this chapter is to:

(1) Establish a policy to assure departmental consideration of the short and long term environmental and economic effects of department actions upon the human environment.

(2) Provide principles, objectives, definitions and criteria to be used by the department in the implementation of s. 1.11, Stats. Implementation includes the evaluation of proposed actions; the study, development and description of alternatives where proposed actions involve unresolved conflicts in the use of available resources; and the preparation and review of environmental impact statements.

(3) Establish the identification of major actions significantly affecting the quality of the human environment and the need for an environmental impact statement.

(4) Provide an opportunity for public input to the decision-making process.

History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.02 Definitions.

(1) “Action” means any activity, initiated by the department or initiated by someone outside state government, which could not have occurred but for the department and which may affect the human environment.

(2) “Alternatives” means other actions or activities which may be reasonably available to achieve the same or altered purpose of the proposed action, including the alternative of no action.

(3) “Department” means the department of administration.

(4) “EA” or “environmental assessment” means a documented brief but comprehensive analysis of a proposed Type II action to determine its environmental impact; to study, develop, and thoroughly describe alternatives; and to determine whether the proposed action constitutes a major state action significantly affecting the quality of the human environment or involving unresolved conflicts in the use of available resources.

(5) “EIS” or “environmental impact statement” means a written report prepared pursuant to s. 1.11, Stats., which contains an analysis of anticipated impacts of a proposed action, and alternatives to the proposed action, upon the human environment. The draft environmental impact statement (DEIS) is a preliminary version of the final environmental impact statement (FEIS).

(6) “Finding of no significant impact” means a completed environmental assessment which indicates that the proposed action is not a major action which will significantly affect the quality of the human environment and that no EIS is required.

(7) “Human environment” means the totality of conditions and influences, both natural and artificial, which surround and affect all organisms, including people.

(8) “Major action” means an action which will significantly affect the quality of the human environment.

(9) “Resources” means financial, cultural and natural matter and forms as well as labor and materials used and affected by a proposed action if permitted.

(10) “Significant effects” means the considerable and important impacts, beneficial or adverse, of actions on the quality of the human environment.

History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.03 Department action type list. The department has categorized its actions into the following type list which shall determine or aid in the determination of the need for an EIS. Type I actions shall always require an EIS. Type II actions may or may not require an EIS, depending on the significance of the action, or may or may not involve unresolved conflicts in the use of available resources. All Type II actions shall be evaluated by using an EA. Type III actions normally do not have the potential to cause significant environmental effects and normally do not involve unresolved conflicts in the use of available resources. Unless the department determines otherwise, these actions will not require an EA or EIS. If a particular Type III action or a particular uncategorized action is found by the department to involve unresolved conflicts in the use of available resources, the department shall comply with s. Adm 60.04 (3).

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History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.04 Determination of need for an EIS.

(1) During the early planning stages, the department shall determine the need for preparing an EIS on its actions. The action type list shall be used to determine the category of the proposed action.

(2) In determining whether a Type II action is a major action that will significantly affect the quality of the human environment, or is a proposed course of action which involves unresolved conflicts concerning alternative uses of available resources, the department shall base its decision on an environmental assessment (EA) which shall contain the following information:

(a) A brief description of the proposed action including maps and graphs if applicable.

(b) A brief description of those factors in the human environment affected by the proposed action.

(c) A brief evaluation of significant primary and secondary environmental effects that would result if the proposal were implemented.

(d) A brief study, development and description of reasonable alternatives to the proposed action and a brief evaluation of the significant environmental or other effects of these alternatives.

(e) A listing of other agencies or groups contacted and the comments of and other pertinent information from these agencies and groups.

(f) An evaluation section which contains brief discussions of the following specific factors:

1. Stimulation of secondary (indirect) effects.

2. Creation of a new environmental effect.

3. Impacts on geographically scarce environmental features.

4. Precedent-setting nature of the action.

5. Significant controversy associated with the action.

6. Conflicts with official agency plans or local, state, or national policy.

7. Cumulative impacts of repeated actions of this type.

8. Foreclosure of future options.

(g) An identification and brief discussion of appropriate alternatives to proposed Type II actions that may involve unresolved conflicts concerning alternative uses of available resources, including the alternative of no action. A proposed action involves unresolved conflicts concerning alternative uses of available resources when

1. The proposed action may reasonably be expected to materially use or affect a resource, temporarily or permanently; and

2. The resource is reasonably suited to one or more other uses; and

3. There is a discernible conflict, competition, difference or incompatibility between the use to be made of the resource by the proposed action and another use, including the present use, to which the resource is reasonably suited; and

4. The conflict, competition, difference, or incompatibility between the proposed action’s use and the other uses to which the resource is reasonably suited cannot be avoided or resolved if the proposed action is implemented.

(3) If it is determined that there are unresolved conflicts concerning alternative uses of available resources in a proposed Type II action, then the department shall study, develop and thoroughly describe the appropriate alternatives.

(4) The department shall issue a news release to news media in the vicinity of the proposed action for each EA, including the following information:

(a) A brief description of the project, including location.

(b) A contact person within the department who can provide copies of the EA and answer questions.

(c) A date by which the department will receive and consider comments before making its final decision on the need for an EIS.

(5) Following the deadline for receipt of public comment on the EA, the department shall review the assessment, consider all public comments, make required comments, and approve the assessment. A public hearing may be held to receive public input and aid in the review of and decision on the need for an EIS.

(6) If a finding is made in the EA that no EIS is required for a proposed Type II action, the original EA shall then be filed by the department in its Madison, Wisconsin office as a finding of no significant impact. The assessment is a public record which is available for review upon request.