Chapter Adm 60

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

Adm 60.01(1) (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.

Adm 60.01(2) (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.

Adm 60.01(3) (3) Establish the identification of major actions significantly affecting the quality of the human environment and the need for an environmental impact statement.

Adm 60.01(4) (4) Provide an opportunity for public input to the decision-making process.

Adm 60.01 History History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.02 Adm 60.02 Definitions.

Adm 60.02(1) (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.

Adm 60.02(2) (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.

Adm 60.02(3) (3) “Department” means the department of administration.

Adm 60.02(4) (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.

Adm 60.02(5) (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).

Adm 60.02(6) (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.

Adm 60.02(7) (7) “Human environment” means the totality of conditions and influences, both natural and artificial, which surround and affect all organisms, including people.

Adm 60.02(8) (8) “Major action” means an action which will significantly affect the quality of the human environment.

Adm 60.02(9) (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.

Adm 60.02(10) (10) “Significant effects” means the considerable and important impacts, beneficial or adverse, of actions on the quality of the human environment.

Adm 60.02 History History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.03 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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Adm 60.03 History History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.04 Adm 60.04 Determination of need for an EIS.

Adm 60.04(1) (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.

Adm 60.04(2) (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:

Adm 60.04(2)(a) (a) A brief description of the proposed action including maps and graphs if applicable.

Adm 60.04(2)(b) (b) A brief description of those factors in the human environment affected by the proposed action.

Adm 60.04(2)(c) (c) A brief evaluation of significant primary and secondary environmental effects that would result if the proposal were implemented.

Adm 60.04(2)(d) (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.

Adm 60.04(2)(e) (e) A listing of other agencies or groups contacted and the comments of and other pertinent information from these agencies and groups.

Adm 60.04(2)(f) (f) An evaluation section which contains brief discussions of the following specific factors:

Adm 60.04(2)(f)1. 1. Stimulation of secondary (indirect) effects.

Adm 60.04(2)(f)2. 2. Creation of a new environmental effect.

Adm 60.04(2)(f)3. 3. Impacts on geographically scarce environmental features.

Adm 60.04(2)(f)4. 4. Precedent-setting nature of the action.

Adm 60.04(2)(f)5. 5. Significant controversy associated with the action.

Adm 60.04(2)(f)6. 6. Conflicts with official agency plans or local, state, or national policy.

Adm 60.04(2)(f)7. 7. Cumulative impacts of repeated actions of this type.

Adm 60.04(2)(f)8. 8. Foreclosure of future options.

Adm 60.04(2)(g) (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

Adm 60.04(2)(g)1. 1. The proposed action may reasonably be expected to materially use or affect a resource, temporarily or permanently; and

Adm 60.04(2)(g)2. 2. The resource is reasonably suited to one or more other uses; and

Adm 60.04(2)(g)3. 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

Adm 60.04(2)(g)4. 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.

Adm 60.04(3) (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.

Adm 60.04(4) (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:

Adm 60.04(4)(a) (a) A brief description of the project, including location.

Adm 60.04(4)(b) (b) A contact person within the department who can provide copies of the EA and answer questions.

Adm 60.04(4)(c) (c) A date by which the department will receive and consider comments before making its final decision on the need for an EIS.

Adm 60.04(5) (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.

Adm 60.04(6) (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.

Adm 60.04(7) (7) If a finding is made in the EA that an EIS is required for a proposed Type II action, the department shall prepare a DEIS and an FEIS.

Adm 60.04 History History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.05 Adm 60.05 Scoping.

Adm 60.05(1) (1) As soon as possible after the decision to prepare an EIS, the department shall inform the public and affected agencies that an EIS will be prepared and that the process of identifying potential major issues, called scoping, is beginning.

Adm 60.05(2) (2) The scoping process shall include, to the extent possible, affected and other interested persons. The process may consist of meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.

Adm 60.05(3) (3) The department shall use the scoping process to accomplish any of the following:

Adm 60.05(3)(a) (a) Determine the scope and the significant issues to be analyzed in depth in the EIS.

Adm 60.05(3)(b) (b) Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review. This will narrow the discussion of these issues in the EIS to a brief presentation of why they will not have a significant effect on the human environment or a reference to their coverage elsewhere.

Adm 60.05(3)(c) (c) Set a time schedule for document preparation and opportunities for public involvement.

Adm 60.05 History History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.06 Adm 60.06 Contents of an EIS.

Adm 60.06(1) (1) When an EIS is required, a DEIS and an FEIS shall be prepared by the department or prepared for the department under contract by a consultant with supervision and final editorial review by the department. The DEIS shall emphasize significant environmental issues identified during the scoping process. The FEIS shall be based in part upon comments received on the DEIS and on information received from other sources. An EIS shall provide analysis of the environmental and economic implications of a proposed action contemplated by the department. An EIS shall include the following:

Adm 60.06(1)(a) (a) A description of the proposed action and of the affected environment including the project location, type of facility, time schedules, maps and diagrams deemed relevant, and other pertinent information which will adequately allow an assessment of the potential environmental impact by persons who want to make comments.

Adm 60.06(1)(b) (b) The probable impact of the proposed action on the human environment. An evaluation will be made of the positive and negative effects of the proposed action as it relates to the environment. Secondary as well as primary consequences to the environment will be included wherever possible.

Adm 60.06(1)(c) (c) Alternatives to the proposed action, including a rigorous exploration and objective evaluation of the environmental impacts of all reasonable alternatives, particularly those that might avoid all or some of the adverse environmental effects of the proposed action. Consideration will be given to the economic advantages and disadvantages and energy impacts of each alternative wherever possible.

Adm 60.06(1)(d) (d) Probable adverse environmental effects which cannot be avoided should the proposal be implemented. Protective and mitigative measures to be taken as part of the proposed action shall be identified.