Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 1-9 - General
Chapter ATCP 3 - Program Administration; General
Subchapter I - Environmental mpact Statements and Assessments
Section ATCP 3.03 - Environmental impact statements

Universal Citation: WI Admin Code ยง ATCP 3.03

Current through August 26, 2024

(1) ACTIONS REQUIRING AN ENVIRONMENTAL IMPACT STATEMENT.

(a) General requirement. An environmental impact statement shall be prepared in connection with a proposed action if the department determines, on the basis of an environmental assessment or otherwise, that the proposed action is a major action significantly affecting the quality of the human environment, and that an environmental impact statement is required under s. 1.11(2) (c), Stats. If an environmental impact statement is required, the department shall make no final decision to proceed with the proposed action until the environmental impact statement has been completed.

(b) Emergency exception. If an action is necessary in an emergency, the department is not required to complete an environmental impact statement before initiating the emergency action. However, if an environmental impact statement would be required except for the emergency, the department shall complete the environmental impact statement as soon as possible after the action is initiated, and shall reconsider its action in light of the information disclosed in the environmental impact statement. Under this paragraph, an emergency exists if the department determines that the proposed action is necessary in an emergency to protect public health, safety or welfare; that the purposes of the proposed action cannot reasonably be achieved by other available means; and that time does not allow for the preparation of an environmental impact statement on the proposed action. A finding of emergency shall be made in writing and signed by the secretary, and shall set forth the basis for the emergency finding.

(2) STATEMENT FORM AND CONTENT.

(a) General. Environmental impact statements shall be prepared in writing and signed by the individual preparers. Statements shall identify and describe, in specific detail:
1. The nature and purpose of the proposed action.

2. The environment affected by the proposed action.

3. The foreseeable environmental effects of the proposed action, including immediate and long-term effects, direct and indirect effects, cumulative effects when combined with other actions, and any unavoidable adverse effects of the proposed action. The description shall include, to the extent feasible, quantitative estimates of the extent and probability of the effects. If environmental effects cannot be reasonably estimated, because necessary information is not available, the nature of the information needs shall be described. Foreseeable environmental effects include catastrophic effects, even if the probability of their occurrence is low, provided that the potential for the catastrophic effects is supported by credible scientific evidence, is not based on pure conjecture, and is within the rule of reason.

4. The cost of the proposed action, and any irretrievable commitments of natural or human resources which would be involved in the proposed action.

5. Significant economic and social effects of the proposed action, including both positive and negative effects.

6. Potential trade-offs between short-term and long-term uses of environmental resources which may be involved in the proposed action, including a discussion of the relationship between short-term uses and the maintenance and enhancement of long-term resource productivity.

7. The persons, groups, or agencies who will be directly or significantly affected by the proposed action, and the nature of the effects.

8. Possible measures that could be taken in connection with the proposed action to minimize adverse environmental effects.

9. Possible alternatives to the proposed action, including the alternative of taking no action. The statement shall include a detailed comparative analysis of the proposed action and the described alternatives. The analysis shall discuss and compare the relative environmental effects, costs, and benefits of each alternative, including economic and social costs and benefits where applicable.

(b) Summary and conclusions. Every environmental impact statement shall contain a brief written summary and conclusion, signed by the division administrator or the administrator's designee. Based on the information set forth in the environmental impact statement pursuant to par. (a), the summary and conclusion shall review the environmental impact of the proposed action, discuss the relative benefits and costs of the available alternatives, and set forth the department's conclusions.

(c) Generic statement; repeated or similar actions. A class of 2 or more actions, including repeated similar actions, may be covered by a single environmental impact statement of generalized form, provided that the actions are substantially similar in relevant respects, and have substantially similar effects on the human environment.

(3) DRAFT STATEMENT; PREPARATION, DISTRIBUTION, NOTICE AND COMMENT.

(a) Preparation of draft statement. Before issuing an environmental impact statement on a proposed action, the department shall prepare a draft statement for review and comment by interested persons and agencies. Before preparing the draft statement, the department shall consult with other agencies having jurisdiction or expertise in the subject matter, and with other affected persons as appropriate, to help determine:
1. The proposed scope of the draft statement, and the matters and issues to be addressed;

2. The maximum length of the draft statement, and the amount of discussion to be devoted to each issue;

3. Possibilities for the elimination of unnecessary, repetitious or irrelevant material;

4. The respective responsibilities of cooperating agencies in the preparation of any joint draft statement; and

5. A proposed timetable for completing the draft statement.

(b) Distribution of draft statement. Copies of draft environmental impact statements shall be distributed, upon completion, to:
1. The governor.

2. The department of natural resources, and other state or federal agencies having jurisdiction or special expertise in the subject matter of the proposed action.

3. Local government units, including county and regional planning agencies, which are directly affected by the proposed action.

4. Public libraries in areas directly affected by the proposed action, if the action is of a local or regional nature.

5. Department regional offices in areas affected by the proposed action, including actions of a statewide nature.

6. The person, if any, whose application for a license, permit or other individual authorization from the department resulted in the need for the environmental impact statement.

7. Any individual or group requesting a copy. A charge may be assessed to cover reproduction and handling costs.

(c) Invitation to comment on draft statement; distribution of notice. The department shall invite comment on draft environmental impact statements by distributing notice, in the form provided under par. (d), to:
1. Persons and agencies receiving copies of the draft statement pursuant to par. (b);

2. Interested persons and agencies who have specifically requested notice; and

3. News media serving the area affected by the proposed action.

(d) Contents of notice. The notice distributed under par. (c) shall include:
1. A brief description of the proposed action, and a request for public comment on the draft environmental impact statement pertaining to the proposed action.

2. Instructions on how interested persons may obtain or examine a copy of the draft statement.

3. A specified comment period during which comments on the draft statement will be accepted by the department. The comment period shall extend for 45 days after the date on which notice is issued by the department, unless a shorter or longer time period is specified by the department.

4. The date, time and location of any public hearing scheduled in connection with the proposed action, if known.

(4) FINAL STATEMENT AND ACTION. A final environmental impact statement shall be prepared by the department following the receipt of comments on the draft statement. Copies of the final statement, or changes from the draft statement, shall be distributed to all persons and agencies who received or commented on the draft statement. Except where the department determines that an earlier decision is necessary, no final decision on the proposed action shall be made earlier than 30 days after the issuance of the final statement, or 90 days after the issuance of the draft statement, whichever occurs later.

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