Current through February 24, 2025
(1) During the
early planning stages, the department shall determine the need for preparing an
EIS on its actions. The action type list shall be used to determine the
category of the proposed action.
(2) In determining whether a Type II action
is a major action that will significantly affect the quality of the human
environment, or is a proposed course of action which involves unresolved
conflicts concerning alternative uses of available resources, the department
shall base its decision on an environmental assessment (EA) which shall contain
the following information:
(a) A brief
description of the proposed action including maps and graphs if
applicable.
(b) A brief description
of those factors in the human environment affected by the proposed
action.
(c) A brief evaluation of
significant primary and secondary environmental effects that would result if
the proposal were implemented.
(d)
A brief study, development and description of reasonable alternatives to the
proposed action and a brief evaluation of the significant environmental or
other effects of these alternatives.
(e) A listing of other agencies or groups
contacted and the comments of and other pertinent information from these
agencies and groups.
(f) An
evaluation section which contains brief discussions of the following specific
factors:
1. Stimulation of secondary
(indirect) effects.
2. Creation of
a new environmental effect.
3.
Impacts on geographically scarce environmental features.
4. Precedent-setting nature of the
action.
5. Significant controversy
associated with the action.
6.
Conflicts with official agency plans or local, state, or national
policy.
7. Cumulative impacts of
repeated actions of this type.
8.
Foreclosure of future options.
(g) An identification and brief discussion of
appropriate alternatives to proposed Type II actions that may involve
unresolved conflicts concerning alternative uses of available resources,
including the alternative of no action. A proposed action involves unresolved
conflicts concerning alternative uses of available resources when
1. The proposed action may reasonably be
expected to materially use or affect a resource, temporarily or permanently;
and
2. The resource is reasonably
suited to one or more other uses; and
3. There is a discernible conflict,
competition, difference or incompatibility between the use to be made of the
resource by the proposed action and another use, including the present use, to
which the resource is reasonably suited; and
4. The conflict, competition, difference, or
incompatibility between the proposed action's use and the other uses to which
the resource is reasonably suited cannot be avoided or resolved if the proposed
action is implemented.
(3) If it is determined that there are
unresolved conflicts concerning alternative uses of available resources in a
proposed Type II action, then the department shall study, develop and
thoroughly describe the appropriate alternatives.
(4) The department shall issue a news release
to news media in the vicinity of the proposed action for each EA, including the
following information:
(a) A brief description
of the project, including location.
(b) A contact person within the department
who can provide copies of the EA and answer questions.
(c) A date by which the department will
receive and consider comments before making its final decision on the need for
an EIS.
(5) Following
the deadline for receipt of public comment on the EA, the department shall
review the assessment, consider all public comments, make required comments,
and approve the assessment. A public hearing may be held to receive public
input and aid in the review of and decision on the need for an EIS.
(6) If a finding is made in the EA that no
EIS is required for a proposed Type II action, the original EA shall then be
filed by the department in its Madison, Wisconsin office as a finding of no
significant impact. The assessment is a public record which is available for
review upon request.
(7) If a
finding is made in the EA that an EIS is required for a proposed Type II
action, the department shall prepare a DEIS and an FEIS.
