Chapter Adm 60

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.

Adm 60.06(1)(e) (e) The relationship between short-term uses of the environment and the maintenance and enhancement of long-term productivity. The EIS shall describe the extent to which the proposed action involves tradeoffs between short-term economic gains at the expense of long-term environmental productivity or vice versa, and the extent to which the proposed action forecloses future options.

Adm 60.06(1)(f) (f) Significant irreversible and irretrievable commitments of resources that would be involved in the proposed action if implemented, including a statement identifying the extent to which the proposed action irreversibly curtails the range of potential uses of the environment.

Adm 60.06(1)(g) (g) A summary of the scoping process used and the major issues identified for detailed analysis in the EIS.

Adm 60.06(1)(h) (h) The FEIS shall discuss at appropriate points any responsible opposing view not adequately discussed in the DEIS.

Adm 60.06(1)(i) (i) If the department makes substantial changes in the proposed action that are relevant to environmental concerns, or if there are significant new circumstances or information relevant to environmental concerns that have bearing on the proposed action or its impacts, that arise after preparation of the FEIS, but before substantial implementation of the action, the department shall prepare supplements to the FEIS. If a supplement is prepared it shall be distributed and reviewed in the same manner as a DEIS or a FEIS as provided in s. Adm 60.07.

Adm 60.06(2) (2) The EIS shall be an analysis document that enables environmental factors to be considered in the development of a proposed action. It shall be considered by the department in the decision-making process.

Adm 60.06(3) (3) The EIS is not a document of justification. Furthermore, disclosure of adverse environmental effects shall not necessarily require that a proposed action be denied or terminated.

Adm 60.06(4) (4) Environmental impact statements shall be written in plain language and should use appropriate graphics to aid decision-makers and the public. Where appropriate, an EIS may be combined with other required environmental or planning documents.

Adm 60.06 History History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.07 Adm 60.07 Distribution and review of the DEIS and FEIS.

Adm 60.07(1) (1) Distribution and review of the DEIS.

Adm 60.07(1)(a) (a) Copies of the DEIS shall be distributed as follows:

Adm 60.07(1)(a)1. 1. The governor’s office.

Adm 60.07(1)(a)2. 2. State, federal and local government agencies having special expertise, interest or jurisdiction.

Adm 60.07(1)(a)3. 3. Regional and county planning agencies located within the proposed project or action area.

Adm 60.07(1)(a)4. 4. The department of natural resources.

Adm 60.07(1)(a)5. 5. Libraries:

Adm 60.07(1)(a)5.a. a. For proposed actions affecting a local area, the nearest library. In addition, the county clerk or town clerk will be requested to make the document available in the county courthouse, city hall or town hall.

Adm 60.07(1)(a)5.b. b. For projects of regional importance, public libraries with geographic distribution which provides public access without undue travel.

Adm 60.07(1)(a)5.c. c. Projects having statewide significance, public libraries providing reasonable access by the individuals who would be potentially affected by the proposed action.

Adm 60.07(1)(b) (b) An announcement sheet giving a brief description of the proposed action, a description of the administrative procedures to be followed, the date by which comments on the DEIS are to be submitted to the department, and the location where copies of the DEIS are available for review, shall be circulated as follows:

Adm 60.07(1)(b)1. 1. All local and regional units of government which have jurisdiction over the area that may be affected by the proposed action. A request will be made for posting the announcement sheet at the place normally used for public notices.

Adm 60.07(1)(b)2. 2. Local and regional news media in the vicinity of the proposed action.

Adm 60.07(1)(b)3. 3. Groups or individuals which have demonstrated an interest and have requested receipt of this type of information.

Adm 60.07(1)(b)4. 4. All participants in the scoping process not covered in subd. a. through c.

Adm 60.07(1)(c) (c) Period of time for comment on the DEIS.

Adm 60.07(1)(c)1. 1. A minimum of 45 days from the date the DEIS is mailed shall be allowed for the receipt of comments. Depending upon the length and complexity of the DEIS, the department may establish an initial review period up to a total of 90 days. A reasonable request for extension, up to 15 days beyond the initial review period, may be granted by the department for the review of the DEIS.

Adm 60.07(1)(c)2. 2. If the department determines that a review period of less than 45 days will suffice for the DEIS, the department may limit the review period to no less than 20 days. The DEIS, announcement sheet and public notices shall call attention to the reduced review period and shall specify the date by which comments on the DEIS must be submitted to the department if they are to be considered in developing the FEIS.

Adm 60.07(2) (2) Distribution and review of the FEIS.

Adm 60.07(2)(a) (a) The FEIS shall be distributed in the same manner as the DEIS, and shall also be distributed to any person, organization or agency that submitted comments on the DEIS.

Adm 60.07(2)(b) (b) The availability of the FEIS shall be announced through a notice of public hearing or through an announcement sheet similar to the announcement of the availability of the DEIS.

Adm 60.07(2)(c) (c) A period of not less than 30 days and not more than 90 days from the date the FEIS is mailed, depending on the length and complexity of the FEIS, shall be allowed for receipt of comments from state and federal agencies and the public. A reasonable request for an extension, up to 15 days beyond the initial review period, may be granted by the department for the review of the FEIS.

Adm 60.07 History History: Cr. Register, February, 1982, No. 3l4, eff. 3-1-82; correction in (1) (b) made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1993, No. 447.

Adm 60.08 Adm 60.08 Public hearings on the DEIS and FEIS.

Adm 60.08(1) (1) Whenever a proposed action requires a DEIS and an FEIS, the department shall hold a public hearing on the DEIS, no sooner than 30 days after its issuance, and shall also hold a public hearing on the FEIS, no sooner than 30 days after its issuance and prior to making a final decision. These hearings shall be noticed and conducted in the same manner as a contested case proceeding under ch. 227, Stats. The final draft of the EIS issued by the department, and the record of decision provided in s. Adm 60.09, are intended to satisfy the decision requirement of s. 227.47, Stats.

Adm 60.08(2) (2) The hearings shall be held in the locality affected; on actions of statewide significance, the hearing may be held in Madison.

Adm 60.08(3) (3) The department shall issue a news release to news media in the vicinity of the proposed action for each public hearing on a DEIS or FEIS. Notice shall also be mailed to all known departments and agencies required to grant any approval necessary for the proposal; to any regional planning commission within which the affected area lies; to the governing bodies of all towns, villages, cities and counties within which any part of the proposal lies; to the governing bodies of any towns, villages or cities contiguous to any town, village or city within which any part of the proposal lies; and to interested persons who have requested such notification. Persons, organizations or agencies that attended the DEIS public hearing shall also receive notice of the FEIS public hearing.

Adm 60.08(4) (4) After the FEIS public hearing provided in sub. (1), the department shall carefully review the hearing record and summarize the comments received on the DEIS and the FEIS.

Adm 60.08 History History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.

Adm 60.09 Adm 60.09 Record of decision. Where an EIS is prepared, the department shall also, at the time of its final decision, prepare a record of decision. The record of decision shall identify all alternatives considered in the order of their environmental preference. The record of decision shall state whether for the alternative selected, all practicable means to avoid or minimize environmental harm have been adopted, and if not, why they were not.

Adm 60.09 History History: Cr. Register, February, 1982, No. 314, eff. 3-1-82.