Chapter DHS 18

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.

DHS 18.08(2)(b)9. 9. Appendices, if any, relevant to analyses in the EIS or otherwise relevant to the decision to be made.

DHS 18.08(2)(c) (c) Other documents and sources of information may be incorporated by reference, provided that they are reasonably accessible to interested persons. “Reasonably accessible” in the case of documents means that the documents are available for public inspection at the central offices of the department in Madison and at a field office of the department in the area of the project if the project is in a particular area of the state.

DHS 18.08(3) (3) Content of statement..

DHS 18.08(3)(a) (a) When an EIS is required, first a draft EIS and then a final EIS shall be prepared by the department or else be prepared for the department under contract by a consultant with supervision and final editorial review by the department. The EIS shall emphasize significant environmental issues identified during the scoping process. An EIS shall contain, in the appropriate parts specified in sub. (2) (b) 4. to 7.:

DHS 18.08(3)(a)1. 1. 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 commenting agencies and the public.

DHS 18.08(3)(a)2. 2. An analysis of the probable impact of the proposed action on the environment of human beings, to include identification of positive as well as negative effects of the proposed action and, wherever possible, indirect as well as direct consequences for the environment.

DHS 18.08(3)(a)3. 3. 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. If the department has a preferred alternative to the proposed action, that should be identified.

DHS 18.08(3)(a)4. 4. A discussion of 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.

DHS 18.08(3)(a)5. 5. A discussion of the relationship between short-term use of the environment and the maintenance and enhancement of long-term productivity.

DHS 18.08(3)(a)6. 6. Identification of significant irreversible and irretrievable commitments of resources that would be involved in the proposed action, if implemented, with a statement identifying the extent to which the proposed action irreversibly curtails the range of potential uses of the environment.

DHS 18.08(3)(a)7. 7. Details of the beneficial aspects of the proposed action, and of the economic advantages and disadvantages of the proposed action.

DHS 18.08(3)(a)8. 8. A summary of the scoping process used and of the major issues identified through it for detailed analysis in the EIS.

DHS 18.08(3)(b) (b) The EIS shall be an analytical 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.

DHS 18.08(3)(c) (c) An EIS is not a document of justification. On the other hand, disclosure of adverse environmental effects does not necessarily mean that a proposed action should be abandoned.

DHS 18.08(3)(d) (d) 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 EIS may be prepared. The department shall, when addressing a single action already covered by a generic EIS, examine the relevance of the generic EIS to the specific action.

DHS 18.08 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.

DHS 18.09 DHS 18.09 Review of the DEIS.

DHS 18.09(1) (1) Specified distribution. Copies of the DEIS shall be distributed to:

DHS 18.09(1)(a) (a) The governor’s office.

DHS 18.09(1)(b) (b) The department of natural resources and other state, federal, and local government agencies having special expertise, interest or jurisdiction.

DHS 18.09(1)(c) (c) Regional and county planning agencies located within the proposed project or action area.

DHS 18.09(1)(d) (d) Regional offices of the department covering the area of the proposed project or action and the department’s central office in Madison.

DHS 18.09(1)(e) (e) Appropriate public libraries:

DHS 18.09(1)(e)1. 1. For proposed actions affecting a local area, the nearest public library.

DHS 18.09(1)(e)2. 2. For projects of regional importance, public libraries with a geographic distribution which permits public access without undue travel.

DHS 18.09(1)(e)3. 3. For projects having statewide significance, public libraries providing reasonable access for individuals who could be affected by the proposed action.

DHS 18.09(1)(f) (f) The county clerk, city clerk or town clerk for proposed actions affecting a local area.

DHS 18.09(1)(g) (g) Any individual or group requesting a copy.

DHS 18.09(2) (2) Notice of availability.

DHS 18.09(2)(a) (a) The department shall publish in local newspapers, or in the official state newspaper, as appropriate, a notice of availability of the DEIS which briefly describes the proposed action and the administrative procedures being followed in review for environmental impact, sets the last date by which comments on the DEIS are to be submitted to the department, indicates locations where copies of the DEIS are available for review, and provides an address from which any interested party may obtain a copy of the DEIS.

DHS 18.09(2)(b) (b) The department shall send copies of the notice of availability to:

DHS 18.09(2)(b)1. 1. Local and regional news media in the affected area;

DHS 18.09(2)(b)2. 2. Groups and individuals known to have an interest in the particular EIS; and

DHS 18.09(2)(b)3. 3. All participants in the scoping process who are not covered by subd. 1. or 2.

DHS 18.09(2)(c) (c) The notice of availability of the DEIS may be combined with the notice of informational hearing under sub. (4).

DHS 18.09(3) (3) Period for comment. The department shall allow a minimum of 45 days from the date the notice of availability of the DEIS is published, including a minimum of 7 days following the hearing provided for in sub. (4), for receipt of written comments on the DEIS.

DHS 18.09(4) (4) Informational hearing.

DHS 18.09(4)(a) (a) The department shall hold a public hearing on the DEIS. The hearing shall be noticed as follows:

DHS 18.09(4)(a)1. 1. At least 30 days prior to the hearing, notice shall be mailed to all known agencies and offices required to grant any permit, license or 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.

DHS 18.09(4)(a)2. 2. At least 25 days prior to the hearing, a notice shall be published in a newspaper circulated in the affected area or, for actions of statewide significance, in the official state newspaper.