DOC 335.05 Types of actions.
DOC 335.06 Determination of need for an EIS.
DOC 335.07 Preparation of environmental assessment.
DOC 335.08 Preparation of environmental impact statement.
DOC 335.09 Review of the DEIS.
DOC 335.10 Conversion of DEIS to FEIS.
DOC 335.11 Review of the FEIS.
DOC 335.14 Equivalent processes.
DOC 335.15 Responsibilities.
Ch. DOC 335 Note
Note: Chapter
DOC 335 was created by an emergency rule effective September 16, 1991.
DOC 335.01
DOC 335.01
Authority. This chapter is promulgated under the authority of ss.
1.11 and
227.11 (2), Stats., to implement the Wisconsin environmental policy act, s.
1.11, Stats., insofar as proposed major actions of the department may significantly affect the quality of the environment of human beings. The chapter provides for a process of agency decision-making in public which depends on, although it is not necessarily determined by, thorough, objective analysis of the effects of a proposed action on the environment and of alternatives to such an action.
DOC 335.01 History
History: Cr.
Register, March, 1992, No. 435, eff. 4-1-92.
DOC 335.02
DOC 335.02
Applicability. The criteria, procedures, and other parts of this chapter apply to all staff of the department and to all proposed actions of the department which may significantly affect the quality of the environment of human beings.
DOC 335.02 History
History: Cr.
Register, March, 1992, No. 435, eff. 4-1-92.
DOC 335.03
DOC 335.03
Purpose. This chapter shall:
DOC 335.03(1)
(1) Provide principles, objectives, definitions, criteria, and procedures to be used by the department to implement s.
1.11, Stats. Implementation includes identification and evaluation of proposed actions; study, development, and description of alternatives for those proposed actions that involve unresolved conflicts in the use of available resources; and preparation and review of environmental assessments and environmental impact statements;
DOC 335.03(2)
(2) Ensure that high-quality environmental information, deriving from sound analysis of the likely consequences for the environment of major actions and from the development of alternatives, is available to department managers and citizens before decisions are made;
DOC 335.03(3)
(3) Ensure that department staff who make decisions or contribute to decisions understand and consider potential environmental consequences of proposed actions and attempt to minimize the adverse consequences of these actions; and
DOC 335.03(4)
(4) Facilitate public scrutiny and understanding of proposed actions of the department that may significantly affect the quality of the human environment.
DOC 335.03 History
History: Cr.
Register, March, 1992, No. 435, eff. 4-1-92.
DOC 335.04
DOC 335.04
Definitions. As used in this chapter:
DOC 335.04(1)
(1) “Action" means any activity initiated or otherwise undertaken by the department, including a proposal for legislation, which may affect the quality of the environment of human beings.
DOC 335.04(2)
(2) “Alternatives" means actions other than the proposed action which may be reasonably available to achieve the same or altered purpose of the proposed action, including the alternative of no action.
DOC 335.04(3)
(3) “DEIS" means draft environmental impact statement.
DOC 335.04(4)
(4) “Department" means the department of corrections
DOC 335.04(5)
(5) “Environmental assessment" or “EA" means a concise public document prepared by or at the direction of the department which provides sufficient evidence and analysis concerning a proposed type II action to enable the department to determine whether to prepare an environmental impact statement or issue a finding of no significant impact, and it includes the study, development and description of alternatives.
DOC 335.04(6)
(6) “Environmental impact statement" or “EIS" means a detailed, written analytical report prepared by or at the direction of the department, which describes the anticipated effects on the environment of a proposed major action. An “EIS" is meant to adequately inform department decisionmakers and the public about the environmental consequences of an action in a way that will assist and guide decisionmaking.
DOC 335.04(7)
(7) “FEIS" means final environmental impact statement.
DOC 335.04(8)
(8) “Finding of no significant impact" means a conclusion of an environmental assessment that the proposed action is not a major action which will significantly affect the quality of the human environment and that preparation of an EIS is therefore not required.
DOC 335.04(9)
(9) “Human environment" or “environment of human beings" means the natural and physical surroundings of people and their relationship with those surroundings. It includes the economic and social aspects of the surroundings of people only when these are inter-related with the natural and physical aspects of those surroundings.
DOC 335.04(10)
(10) “Major action" means an action significantly affecting the quality of the human environment.
DOC 335.04(11)
(11) “Program" means a broad area of adult corrections, such as probation and parole and adult institutions.
DOC 335.04(12)
(12) “Resource" means water, air, land, plants, animals, energy, historic properties, vistas, wilderness, or that tranquillity which is affected by noise.
DOC 335.04(13)
(13) “Scoping" means a process conducted at the outset of preparation of an EIS which involves asking for the views of other governmental agencies and the interested public about what should be in the EIS, the issues it should address, and the relatively more significant issues that should be subjected to in-depth analysis.
DOC 335.04(14)
(14) “Secretary" means the secretary of the Wisconsin department of corrections.
DOC 335.04(15)
(15) “Significantly affecting" means, in reference to actions, having considerable and important impacts on the quality of the environment, either in terms of the breadth of impact or the severity of impact.
DOC 335.04 History
History: Cr.
Register, March, 1992, No. 435, eff. 4-1-92.
DOC 335.05
DOC 335.05
Types of actions. The department has grouped its actions into 3 types to facilitate its determination of need for an EIS.
DOC 335.05(1)
(1) Type I actions. A type I action will always require an EIS. Construction of a new residential institution of 65 or more beds at a location where there was not previously a department-operated institution is a type I action.
DOC 335.05(2)
(2) Type II actions. A type II action may or may not require an EIS, depending on the significance of the action. All of these actions shall be evaluated by means of an environmental assessment (EA). In the EA, the department shall study, develop and describe appropriate alternatives to the proposed action. Type II actions include the following:
DOC 335.05(2)(a)1.1. Construction of a new residential institution of fewer than 65 beds at a location where there was not previously a department-operated institution.
DOC 335.05(2)(a)2.
2. Construction at an existing department-operated institution of a new or replacement building or other structure or the addition to or change in the exterior physical design of a building or other structure, the cost of which is the same as or more than the limit where approval of the building commission is required pursuant to s.
13.48 (10), Stats.
DOC 335.05(2)(a)3.
3. Acquisition or modification of an existing building to serve as a community residential facility for clients.
DOC 335.05(2)(a)4.
4. Modification of a building at an existing department-operated institution to serve a different program and population.
DOC 335.05(2)(a)5.
5. Changes in land use at minimum security facilities or beyond the secure perimeter of other facilities operated by the department to include but not be limited to construction of athletic fields, roads, parking facilities, bridges, and walls or fences.
DOC 335.05(2)(a)6.
6. Construction of a planned lake or pond development or renewal of an existing pond development.
DOC 335.05(2)(a)7.
7. Development of new sanitary land fill and solid waste disposal sites, and closing of existing sites.
DOC 335.05(2)(b)1.1. New construction, enlargement, or other significant modification in electrical, television, communications, heating, gas, or sewer facilities and systems at an institution.
DOC 335.05(2)(b)2.
2. Demolition projects to remove structures of 100,000 or more cubic feet.
DOC 335.05(2)(b)3.
3. Grant of easements across department property for roads and for above-ground construction of utilities including pipelines and transmission lines.
DOC 335.05(2)(b)4.
4. Changed policies on farming and camp operation on department properties.
DOC 335.05(2)(c)
(c) Administrative rules. Promulgation of non-emergency administrative rules under ss.
227.14 to
227.22, Stats. when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the rules.
DOC 335.05(2)(d)
(d) Plans. Approval of state plans prepared as a requirement for federal financial participation in programs administered by the department, when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the plans.
DOC 335.05(2)(e)
(e) Legislative proposals. Proposals of the department for state legislation to authorize new programs or major changes in existing programs, the implementation of which would have material effects on the human environment.
DOC 335.05(3)
(3) Type III actions. A type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources, and therefore, unless the department determines otherwise, an EA or an EIS will not be required for the proposed action. Type III actions include the following:
DOC 335.05(3)(a)1.1. Remodelling entirely within a building at an institution for use by the same program.
DOC 335.05(3)(a)2.
2. Institution improvement projects, to include energy conservation and barrier-free access improvements and improvements to outdoor lighting, walkways, signs, shelters, tree plantings, and landscaping.
DOC 335.05(3)(a)3.
3. Restoration of a facility to its original condition following damage from fire, accident, disturbance, or natural calamity.
DOC 335.05(3)(b)1.1. Grant of easements across department property for the purpose of below-ground construction of utilities, including pipelines and transmission lines.
DOC 335.05(3)(b)2.
2. Maintenance of buildings, including but not limited to replacement of doors, windows and roofs, and painting, without altering the architectural integrity of the buildings.
DOC 335.05(3)(b)3.
3. Maintenance of roads, sidewalks, curbs, and gutters at institutions.
DOC 335.05(3)(b)4.
4. Road and parking lot resurfacing on department properties, and expansion without significant extension or relocation.
DOC 335.05(3)(c)
(c) Legislative proposals. Positions of the department on legislative proposals originating outside the department.
DOC 335.05(3)(d)
(d) Research. For purposes of this paragraph,“research" means systematic investigation designed to develop or contribute to generalizable knowledge.
DOC 335.05(4)
(4) Other actions. Every action not fitting into one of the categories in
subs. (1) to
(3) shall be evaluated for determination of type.
DOC 335.05(5)
(5) Updating of type-list. The action type-list shall be updated from time to time by rulemaking to reflect change in department programs or change in the categorization of department actions.
DOC 335.05 History
History: Cr.
Register, March, 1992, No. 435, eff. 4-1-92.
DOC 335.06
DOC 335.06
Determination of need for an EIS. DOC 335.06(1)(1) During the early planning of an action, the department shall determine the need or desirability of preparing an EIS on the proposed action, in accordance with
ss. DOC 335.05 and
335.07.
DOC 335.06(2)
(2) The department shall prepare an EIS for all type I actions, and for all type II actions which are found to significantly affect the environment of human beings.
DOC 335.06(3)
(3) The department may prepare an EIS on any other action at any time to assist planning and decisionmaking for the action.
DOC 335.06(4)
(4) If the department decides to prepare an EIS, it does not need to prepare an EA.
DOC 335.06 History
History: Cr.
Register, March, 1992, No. 435, eff. 4-1-92.
DOC 335.07
DOC 335.07
Preparation of environmental assessment. DOC 335.07(1)(1) Except as provided in
s. DOC 335.06 (4), to determine whether a type II action is major and significantly affects the quality of the natural and physical environment of human beings, and to describe alternatives to that action, the department shall conduct an environmental assessment and shall prepare a reviewable record in the form of a concise report. This shall be done as early as possible in the planning process but, in any event, before contracts are signed if the action involves construction. The report shall include:
DOC 335.07(1)(a)
(a) A description of the proposed action, to include the purpose of the action and need for the action;
DOC 335.07(1)(b)
(b) A description of those elements of the environment of human beings which are affected by the proposed action;
DOC 335.07(1)(c)
(c) Identification and discussion of the most significant effects on the environment that can be reasonably foreseen if the proposed action is carried out. “Effects" are of 2 types:
