The department has grouped its actions into 3 types to
facilitate its determination of need for an EIS.
(1) TYPE I ACTIONS. A type I action will
always require an EIS. Construction of a new residential institution of 65 or
more beds at a location where there was not previously a department-operated
institution is a type I action.
(2)
TYPE II ACTIONS. A type II action may or may not require an EIS, depending on
the significance of the action. All of these actions shall be evaluated by
means of an environmental assessment (EA). In the EA, the department shall
study, develop and describe appropriate alternatives to the proposed action.
Type II actions include the following:
(a)
Facilities development.1.
Construction of a new residential institution of fewer than 65 beds at a
location where there was not previously a department-operated
institution.
2. Construction at an
existing department-operated institution of a new or replacement building or
other structure or the addition to or change in the exterior physical design of
a building or other structure, the cost of which is the same as or more than
the limit where approval of the building commission is required pursuant to s.
13.48(10),
Stats.
3. Acquisition or
modification of an existing building to serve as a community residential
facility for clients.
4.
Modification of a building at an existing department-operated institution to
serve a different program and population.
5. Changes in land use at minimum security
facilities or beyond the secure perimeter of other facilities operated by the
department to include but not be limited to construction of athletic fields,
roads, parking facilities, bridges, and walls or fences.
6. Construction of a planned lake or pond
development or renewal of an existing pond development.
7. Development of new sanitary land fill and
solid waste disposal sites, and closing of existing sites.
8. Sale of an institution.
(b)
Facilities
operation.
1. New construction,
enlargement, or other significant modification in electrical, television,
communications, heating, gas, or sewer facilities and systems at an
institution.
2. Demolition projects
to remove structures of 100,000 or more cubic feet.
3. Grant of easements across department
property for roads and for above-ground construction of utilities including
pipelines and transmission lines.
4. Changed policies on farming and camp
operation on department properties.
(c)
Administrative rules.
Promulgation of non-emergency administrative rules under ss.
227.14 to
227.22,
Stats. when implementation will have material impacts on the human environment
and the department has substantial discretion in formulating important
provisions of the rules.
(d)
Plans. Approval of state plans prepared as a requirement for
federal financial participation in programs administered by the department,
when implementation will have material impacts on the human environment and the
department has substantial discretion in formulating important provisions of
the plans.
(e)
Legislative
proposals. Proposals of the department for state legislation to
authorize new programs or major changes in existing programs, the
implementation of which would have material effects on the human
environment.
(3) TYPE
III ACTIONS. A type III action normally does not have the potential to cause
significant environmental effects and normally does not involve unresolved
conflicts in the use of available resources, and therefore, unless the
department determines otherwise, an EA or an EIS will not be required for the
proposed action. Type III actions include the following:
(a)
Facilities development.
1. Remodelling entirely within a building at
an institution for use by the same program.
2. Institution improvement projects, to
include energy conservation and barrier-free access improvements and
improvements to outdoor lighting, walkways, signs, shelters, tree plantings,
and landscaping.
3. Restoration of
a facility to its original condition following damage from fire, accident,
disturbance, or natural calamity.
4. Closing of an institution or of part of an
institution.
5. Sale of excess
lands.
(b)
Facilities operation.
1.
Grant of easements across department property for the purpose of below-ground
construction of utilities, including pipelines and transmission
lines.
2. Maintenance of buildings,
including but not limited to replacement of doors, windows and roofs, and
painting, without altering the architectural integrity of the
buildings.
3. Maintenance of roads,
sidewalks, curbs, and gutters at institutions.
4. Road and parking lot resurfacing on
department properties, and expansion without significant extension or
relocation.
(c)
Legislative proposals. Positions of the department on
legislative proposals originating outside the department.
(d)
Research. For purposes
of this paragraph, "research" means systematic investigation designed to
develop or contribute to generalizable knowledge.
(4) OTHER ACTIONS. Every action not fitting
into one of the categories in subs. (1) to (3) shall be evaluated for
determination of type.
(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.
