Chapter DHS 18

DHS 18.04(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.

DHS 18.04(16) (16) “WEPA” means the Wisconsin environmental policy act, s. 1.11, Stats.

DHS 18.04 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83; corrections in (3) and (14) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.

DHS 18.05 DHS 18.05 Types of actions. The department has grouped its actions into 3 types to facilitate its determination of need for an EIS.

DHS 18.05(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.

DHS 18.05(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.

DHS 18.05(2)(a) (a) Facilities development.

DHS 18.05(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.

DHS 18.05(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.

DHS 18.05(2)(a)3. 3. Acquisition or modification of an existing building to serve as a community residential facility for clients.

DHS 18.05(2)(a)4. 4. Modification of a building at an existing department-operated institution to serve a different program and population.

DHS 18.05(2)(a)5. 5. Changes in land use at institutions operated by the department to include but not be limited to construction of athletic fields, roads, parking facilities, bridges, and walls or fences.

DHS 18.05(2)(a)6. 6. Construction of a planned lake or pond development or renewal of an existing pond development.

DHS 18.05(2)(a)7. 7. Development of new sanitary land fill and solid waste disposal sites, and closing of existing sites.

DHS 18.05(2)(a)8. 8. Sale of an institution.

DHS 18.05(2)(b) (b) Facilities operation.

DHS 18.05(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.

DHS 18.05(2)(b)2. 2. Demolition projects to remove structures of 100,000 or more cubic feet.

DHS 18.05(2)(b)3. 3. Grant of easements across department property for roads and for above-ground construction of utilities including pipelines and transmission lines.

DHS 18.05(2)(b)4. 4. Changed policies on farming and camp operation on department properties.

DHS 18.05(2)(c) (c) Financial assistance. Establishment of criteria for the award of secondary grants and for allocation of local aids, where employment of the grants or aids will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the criteria.

DHS 18.05(2)(d) (d) Administrative rules. Promulgation of non-emergency administrative rules when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the rules.

DHS 18.05(2)(e) (e) Plans. Approval of federal-state plans, that is, 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.

DHS 18.05(2)(f) (f) 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.

DHS 18.05(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.

DHS 18.05(3)(a) (a) Facilities development.

DHS 18.05(3)(a)1. 1. Remodelling entirely within a building at an institution for use by the same program.

DHS 18.05(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.

DHS 18.05(3)(a)3. 3. Restoration of a facility to its original condition following damage from fire, accident, disturbance, or natural calamity.

DHS 18.05(3)(a)4. 4. Closing of an institution or of part of an institution.

DHS 18.05(3)(a)5. 5. Sale of excess lands.

DHS 18.05(3)(b) (b) Facilities operation.

DHS 18.05(3)(b)1. 1. Grant of easements across department property for the purpose of below-ground construction of utilities, including pipelines and transmission lines.

DHS 18.05(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.

DHS 18.05(3)(b)3. 3. Maintenance of roads, sidewalks, curbs, and gutters at institutions.

DHS 18.05(3)(b)4. 4. Road and parking lot resurfacing on department properties, and expansion without significant extension or relocation.

DHS 18.05(3)(c) (c) Financial assistance. Forwarding of secondary grants.

DHS 18.05(3)(d) (d) Legislative proposals. Positions of the department on legislative proposals originating outside the department.

DHS 18.05(3)(e) (e) Research. Conduct of research understood to mean systematic investigation designed to develop or contribute to generalizable knowledge.

DHS 18.05(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.

DHS 18.05(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.

DHS 18.05 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.

DHS 18.06 DHS 18.06 Determination of need for an EIS.

DHS 18.06(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. DHS 18.05 and 18.07.

DHS 18.06(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.

DHS 18.06(3) (3) The department may prepare an EIS on any other action at any time to assist planning and decisionmaking for the action.

DHS 18.06(4) (4) If the department decides to prepare an EIS, it does not need to prepare an EA.

DHS 18.06 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1994, No. 464.

DHS 18.07 DHS 18.07 Preparation of environmental assessment.

DHS 18.07(1) (1) Except as provided in s. DHS 18.06 (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:

DHS 18.07(1)(a) (a) A description of the proposed action, to include the purpose of the action and need for the action;

DHS 18.07(1)(b) (b) A description of those elements of the environment of human beings which are affected by the proposed action;

DHS 18.07(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:

DHS 18.07(1)(c)1. 1. Primary effects are those on water, air, land, plants, animals, energy use, historic properties, wilderness, vistas, and tranquillity which is affected by noise, and on society and economy but only when these are inter-related with the foregoing resources.

DHS 18.07(1)(c)2. 2. Secondary effects are, in relation to primary effects, the foreclosure of future options, establishment of precedents, cumulative impacts when actions of the type are repeated, stimulation of indirect (later in time or at a distance) effects, conflicts with official plans of public agencies or with policies of governments at any level, and significant controversy that may be or is generated by the proposed action.

DHS 18.07(1)(d) (d) A consideration of reasonable alternatives to the proposed action, including the alternative of no action, and the identification of the significant environmental effects of these alternatives when they differ from the anticipated impacts of the proposed action; and

DHS 18.07(1)(e) (e) A list of agencies and persons consulted, with synopses of the comments and other pertinent information provided by these agencies and persons.

DHS 18.07(1)(f) (f) A preliminary recommendation on the need for an EIS.

DHS 18.07(2) (2) Where proposed actions are likely to be repeated on a recurring basis or where they have relevant similarities such as common timing, impacts, alternatives, methods of implementation, or subject matter, a generic EA may be prepared. The department shall, when addressing a single action already covered by a generic EA, consider the relevance of the generic EA to the specific action.

DHS 18.07(3) (3) 

DHS 18.07(3)(a) (a) The department shall develop a notice that the EA has been prepared and is available for review, which shall include the following information:

DHS 18.07(3)(a)1. 1. The title of the proposed action;

DHS 18.07(3)(a)2. 2. A brief description of the proposed action, to include the location of any project;

DHS 18.07(3)(a)3. 3. The preliminary determination by the department of the need for an EIS;

DHS 18.07(3)(a)4. 4. The name of a contact person within the department who can supply copies of the EA and can answer questions about it; and

DHS 18.07(3)(a)5. 5. The latest date on which the department will accept and consider comments before making a final decision on the need for an EIS.

DHS 18.07(3)(b) (b) The department shall send copies of the notice to all individuals, agencies, and organizations that have requested notification of the EA or of all EAs and, in the case of a project in a particular area of the state, to appropriate news media in the vicinity of the project. The department may also publish the notice in the Wisconsin administrative register.

DHS 18.07(3)(c) (c) Following the deadline for receipt of public comment on the EA, the department shall review the EA, consider the comments received on it, make modifications judged necessary, and approve the EA which shall include a finding either of no significant impact or of the need for an EIS.

DHS 18.07(4) (4) If a finding is made in the EA of no significant impact, no EIS shall be required, the environmental review is complete and the original EA shall then be filed in the department’s offices in Madison, Wisconsin. For a project in a particular area of the state, a copy of the EA shall be filed in a field office of the department in that area.

DHS 18.07(5) (5) If a finding is made in the EA that an EIS is required for the proposed action, the department shall proceed with preparation of an EIS.

DHS 18.07 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1994, No. 464.

DHS 18.08 DHS 18.08 Preparation of environmental impact statement.

DHS 18.08(1) (1) Scoping.

DHS 18.08(1)(a) (a) As soon as possible after the decision to prepare an EIS, the department shall inform the public and affected or otherwise interested agencies that an EIS will be prepared and that the process of identifying impacts and alternatives to be analyzed in the EIS is beginning.

DHS 18.08(1)(b) (b) The scoping process shall include, to the extent possible, affected federal, state and local agencies, any affected Indian tribe, 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.

DHS 18.08(1)(c) (c) The department shall use the scoping process to:

DHS 18.08(1)(c)1. 1. Determine the parameters of the EIS and the significant issues to be analyzed in depth in the EIS; and

DHS 18.08(1)(c)2. 2. Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental impact analyses. This will permit limiting the discussion of these issues in the EIS to a brief presentation about why they are not significant for the human environment or to references to other documents in which these issues are discussed.

DHS 18.08(2) (2) Format of statement.

DHS 18.08(2)(a) (a) The EIS shall be written in plain language, and shall be concise, clear, and to the point. It should include appropriate graphics to help decisionmakers and citizens understand the implications of the proposed action and alternatives for quality of the human environment.

DHS 18.08(2)(b) (b) Parts of the EIS shall be:

DHS 18.08(2)(b)1. 1. A cover sheet containing the title of the proposed action, name of the department, designation of the document as the draft or final statement, name and address of the office where more information can be provided, a one-paragraph abstract of the statement and the last date on which comments on the document will be considered.

DHS 18.08(2)(b)2. 2. A summary of the statement. It shall briefly describe the proposed action and shall emphasize major conclusions, areas of controversy, and issues to be resolved.

DHS 18.08(2)(b)3. 3. A table of contents.

DHS 18.08(2)(b)4. 4. A brief specification of the purpose of the action and need for it.

DHS 18.08(2)(b)5. 5. A succinct description of the environment which would be affected by the proposed action.

DHS 18.08(2)(b)6. 6. In comparative format, an analysis of the impact on the environment of the proposed action and all reasonable alternatives to it, including the alternative of no action.

DHS 18.08(2)(b)7. 7. A discussion of the scientific and analytic bases for the environmental consequences identified in subd. 6.

DHS 18.08(2)(b)8. 8. A list of preparers of the EIS together with their qualifications.