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 335.06(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 335.07(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:

DOC 335.07(1)(c)1.1. Primary effects are those on the resources of water, air, land, plants, animals, energy use, historic properties, wilderness, vistas, and tranquillity which is affected by noise. Primary effects also include those on society and economy, but only when the effects on society and economy are inter-related with the foregoing resources.

DOC 335.07(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 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.

DOC 335.07(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

DOC 335.07(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.

DOC 335.07(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.

DOC 335.07(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:

DOC 335.07(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

DOC 335.07(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.

DOC 335.07(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.

DOC 335.07(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.

DOC 335.07(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 and at the county clerk, city clerk or town clerk in the area of the project. Such a finding shall be the final decision of the department which may be appealable as a contested case under ch. 227, Stats.