TCS 12.04(6)(6) Delegation. Except for the EIS evaluation section as described in sub. (1) (g), any part of an EA may be prepared by a district proposing an action.

TCS 12.04 HistoryHistory: Cr. Register, April, 1987, No. 376, eff. 5-1-87; correction in (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

TCS 12.05(1)(1) As soon as possible after the decision to prepare an EIS, the district, in actions where the district is the proponent of an action, or the board, in all other actions, shall notify and inform the public and affected agencies that an EIS will be prepared and that scoping is beginning.

TCS 12.05(2)(2) The scoping process shall include, to the extent possible, affected federal, state and local agencies, the board, the proponent of the action, and other interested persons. The process may consist of meetings, hearings, workshops, surveys, questionnaires, or other appropriate methods or activities, and may be integrated with other public participation requirements.

TCS 12.05(3)(a)(a) Determine the scope and the significant issues to be analyzed in depth in the EIS.

TCS 12.05(3)(b)(b) Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review. This will narrow the discussion of these issues in the EIS to a brief presentation of why they will not have a significant effect on the human environment or a reference to their coverage elsewhere.

TCS 12.05(3)(c)(c) Set a time for document preparation and opportunities for public involvement.

TCS 12.06(1)(1) When an EIS is required, a DEIS and an FEIS shall be prepared by the board, by the district or by a consultant under contract with the board or a district. The board shall supervise and exercise final review of any EIS prepared by a district or a consultant. The DEIS shall emphasize significant environmental issues identified during the scoping process. The FEIS shall be based in part upon comments received on the DEIS and on information received from other sources. An EIS shall provide analysis of the environmental and economic implications of a proposed action contemplated by a district that need board approval. An EIS shall include the following:

TCS 12.06(1)(a)(a) A summary of the scoping process used and the major issues identified for detailed analysis in the EIS.

TCS 12.06(1)(b)(b) A description of the proposed action and of the affected environment including the history and background of the proposed action, location, type of facility, major dimensions, engineering design criteria, general types of materials be used, time schedules, maps and diagrams deemed relevant, sources of funding, permits and approvals required, and other pertinent information which will adequately allow an assessment of the potential environmental impact by persons who want to make comments.

TCS 12.06(1)(c)(c) An evaluation shall be made of the probable environmental consequences, both positive and negative, of the proposed action as it relates to the physical and chemical, biological, social and cultural, and economic environments. Secondary as well as primary consequences to the environment shall be included whenever possible. The discussion shall include adverse environmental effects which cannot be avoided should the proposal be implemented. The EIS shall include impacts which have catastrophic consequences, even if their probability of occurrence is low, provided that the analysis of the impacts is supported by credible scientific evidence, is not based on pure conjecture, and is within the rule of reason.

TCS 12.06(1)(c)1.1. The evaluation of the physical and chemical environment shall include consideration of the action’s effects upon air quality and climate, surface and ground water quality and quantity, noise, geological structure, topography, minerals and soils, thermal effects, unique land forms and water bodies, and flood and erosion hazards.

TCS 12.06(1)(c)2.2. The evaluation of the biological environment shall include consideration of the action’s effect upon plant life, animal life, fish and wildlife habitat, ecological relationships, endangered species, migrations, unique plant and animal associations, human health, and hazardous and toxic materials.

TCS 12.06(1)(c)3.3. The evaluation of the social and cultural environment shall include consideration of the action’s effect upon historic and archeological sites, parks and recreation areas, local institutions and community service, existing and future land uses, community description, housing patterns, neighborhood compatibility, displacement of families, businesses and farms, aesthetics, potential for shared use of facilities or programs, ethnic, religious or other groups, change in population patterns, emergency services, educational facilities and local ordinances.

TCS 12.06(1)(c)4.4. An evaluation of the economic environment which shall include consideration of the action’s effect upon tax base, property values, employment, community and personal income, business activities and climate, manufacturing, mining and industry, agriculture, transportation, public utilities, energy resources, and government services and costs.

TCS 12.06(1)(d)(d) An evaluation of 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.

TCS 12.06(1)(e)(e) 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. The option of doing nothing shall be included as an alternative.

TCS 12.06(1)(f)(f) 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.

TCS 12.06(1)(g)(g) The FEIS shall discuss at appropriate points any responsible opposing view not adequately discussed in the DEIS.

TCS 12.06(1)(h)(h) An analysis shall also be made of significant direct and indirect energy impacts of the proposed action.

TCS 12.06(2)(2) The FEIS shall be an analysis document that enables environmental and economic factors to be considered in the development of a proposed action. It shall be considered by the board in the decision-making process.

TCS 12.06(3)(3) The EIS shall be written in plain language and shall use appropriate graphics to aid decision-makers and the public. Where appropriate, an EIS may be combined with other required environmental or planning documents. The text of the FEIS shall normally be less than 150 pages and in proposed actions of unusual magnitude or complexity shall normally be less than 300 pages.

TCS 12.06(4)(4) If the board 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 board 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. TCS 12.07.

TCS 12.06 HistoryHistory: Cr. Register, April, 1987, No. 376, eff. 5-1-87; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.