Wisconsin Legislature: Chapter TCS 12

Chapter TCS 12

WISCONSIN ENVIRONMENTAL POLICY ACT PROCEDURES

TCS 12.01 Purpose.

TCS 12.02 Definitions.

TCS 12.03 Board action type list.

TCS 12.04 Preparation of an environmental assessment.

TCS 12.05 Scoping.

TCS 12.06 Contents of an EIS.

TCS 12.07 Distribution and review of the DEIS.

TCS 12.08 Conversion of DEIS to FEIS.

TCS 12.09 Distribution and review of the FEIS.

TCS 12.10 Contested case hearing.

TCS 12.11 Record of decision.

Note: Chapter VTAE 12 was renumbered chapter TCS 12 under s. 13.93 (2m) (b) 1., Stats., Register, June, 1994, No. 462.

TCS 12.01 Purpose. The purpose of this chapter is to:

(1) Establish procedures for board consideration of short-term and long-term environmental and economic effects of board actions upon the human environment.

(2) Establish definitions and criteria to be used by the board for 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 (EIS’s).

(3) Provide guidance to districts seeking permission to proceed with a proposed action, determine the applicable procedure affecting the board’s review of a proposal, and establish a mechanism for early review of an applicant’s proposal to determine the need for an EIS.

(4) Identify major actions significantly affecting the quality of human environment and the need for an EIS.

(5) Provide an opportunity for public input in the decision-making process.

History: Cr. Register, April, 1987, No. 376, eff. 5-1-87.

TCS 12.02 Definitions. In this chapter:

(1) “Action” means any activity initiated by the board, or any activity subject to the regulation or approval of the board, which may affect the quality of the human environment.

(a) “Type I action” means a major action which significantly affects the quality of the human environment and requires the preparation of an environmental impact statement (EIS).

(b) “Type II action” means an action which may or may not significantly affect the quality of the human environment and requires the preparation of an environmental assessment (EA) to determine whether the action significantly affects the human environment and whether an EIS must be prepared.

(c) “Type III action” means an action which 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 unless the board determines otherwise, an EA or EIS will not be prepared.

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

(3) “Board” means the technical college system board.

(4) “CEQ” means the council on environmental quality.

(5) “DEIS” means draft environmental impact statement which is a preliminary format of the final environmental impact statement.

(6) “District” means a technical college district established under ch. 38, Stats.

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

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

(9) “FEIS” means final environmental impact statement.

(10) “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.

(11) “Human environment” means all conditions and influences, natural and artificial, which surround and affect all organisms, including people.

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

(13) “NEPA” means the National Environmental Policy Act (42 U.S.C. s. 4321, et. seq.).

(14) “Resources” includes land, water, air, energy forms, plant life and wildlife, aesthetic, social, economic, historical and archeological factors, and labor and materials used in the proposed action.

(15) “Scoping” means an early process for identifying the anticipated range of issues to be addressed by an EIS, the extent to which the identified issues will be addressed, and the significant issues as seen by the public.

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

(17) “WEPA” means the Wisconsin Environment Policy Act, s. 1.11, Stats.

History: Cr. Register, April, 1987, No. 376, eff. 5-1-87; correction in (3) and (6) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

TCS 12.03 Board action type list. The board shall review its proposed action and determine what impact the proposed action will have on the quality of the human environment. The board has reviewed its actions and has categorized these actions into 3 types as specified in Table TCS 12.03. Table TCS 12.03 shall be used to determine the category of the proposed action and the type of environmental analysis that is required.

(1) Type I action. If it is determined from Table TCS 12.03 that the proposed action is a type I action, an EIS shall be prepared. These are major board actions which would significantly affect the quality of the human environment.

(2) Type II action. If it is determined from Table TCS 12.03 that the proposed action is a type II action, an EA will be prepared. These actions have the potential to cause significant environmental effects and may involve unresolved conflicts in the use of available resources.

(a) If the EA discloses that the proposed action is a major action that will significantly affect the quality of the human environment, an EIS shall be prepared.

(b) If the board finds in the EA that the proposed action is not a major action that will significantly affect the quality of the human environment, the EA shall be filed in the office of the WEPA coordinator as a finding of no significant impact and shall be provided to interested parties upon request.

(3) Type III action. 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, unless the board determines otherwise, these actions will not require an EA or EIS.

(4) Other actions. Every action other than those specified in subs. (1) to (3) shall be evaluated for determination of the type of action.

Table TCS 12.03 Board Action Type List

- See PDF for table

History: Cr. Register, April, 1987, No. 376, eff. 5-1-87; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; republished to correct an error in stranscription in Table TCS 12.03 Register December 2024 No. 828.

TCS 12.04 Preparation of an environmental assessment.

(1) Content. 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 the alternatives to the action, the board shall conduct an EA and shall prepare a reviewable record in the form of a concise report. The preparation shall be done as early as possible in the planning process, but, in any event, before contracts are let if the action involves construction by a district. The report shall include:

(a) A brief description of the proposed action, the purpose of the action, the need for the action, and maps, graphs and other materials where appropriate.

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