(1) GENERAL
INFORMATION. The commission shall prepare an EA as a concise document that
provides a factual investigation of the relevant areas of environmental concern
in sufficient depth to permit a reasonably informed preliminary judgment of the
environmental consequences of the proposed action. The EA shall include a
recommendation whether the proposed action is a major action significantly
affecting the quality of the human environment, within the meaning of s.
1.11(2) (c), Stats., for which an EIS is required.
(1m) PUBLIC NOTICE. When it
commences the preparation of an EA, the commission shall make a diligent effort
to notify the public that an EA is being prepared. The announcement may be
included with a notice of investigation or notice of hearing. The announcement
shall describe the proposed action, including a map where appropriate, list a
commission contact person and indicate how comments may be submitted. The
announcement shall specify a public comment period lasting at least 10 days,
beginning on the date the announcement is distributed. The commission shall
distribute its announcement that an EA is being prepared to:
(a) Any person with a demonstrated interest
or who has requested to receive this type of information.
(b) Area legislators.
(c) For a proposed action affecting a local
area:
1. The county clerk and the town or
municipal clerk for the project area, with a request that the clerks post the
announcement publicly.
2. The
county, town, village or city chief executive officer in the project
area.
3. Local news
media.
4. The regional planning
commission.
(d) For a
proposed action affecting a region of the state or the state as a whole:
1. The county clerks in the area affected,
with a request that the clerks post the announcement publicly.
2. The county chief executive officers in the
area affected.
3. Regional news
media.
(2)
ENVIRONMENTAL ASSESSMENT PREPARATION. Following the deadline for public
comment, commission staff shall complete an EA to develop information for the
commission's use and to determine whether an EIS is required. Each EA shall
include the following information:
(a) A
description of the purpose and need for the proposed action.
(b) Maps, graphs or other description of the
proposed action's location and design.
(c) A description of those environmental
factors the proposed action affects most directly.
(d) An evaluation of significant positive and
negative, short-term and long-term environmental effects that would result if
the commission approves the proposed action. In preparing this evaluation, the
commission shall consider:
1. Effects on
geographically important or scarce resources, such as historic or cultural
resources, scenic or recreational resources, prime farmland, threatened or
endangered species and ecologically important areas.
2. Conflicts with federal, state or local
plans or policies.
3. Significant
controversy associated with the proposed action.
4. Irreversible environmental
effects.
5. New environmental
effects.
6. Unavoidable
environmental effects.
7. The
precedent-setting nature of the proposed action.
8. The cumulative effect of the proposed
action when combined with other actions and the cumulative effect of repeated
actions of the type proposed.
9.
The foreclosure of future options.
10. Direct and indirect environmental
effects.
11. Other environmental
matters the commission considers relevant.
(e) An evaluation of the reasonable
alternatives to the proposed action and significant environmental consequences
of the alternatives, including those alternatives that could avoid some or all
of the proposed action's adverse environmental effects and the alternative of
taking no action.
(f) A list of
other persons contacted and summary of comments or other information received
from them, including information regarding whether the proposed action complies
with the regulations of other governmental units.
(g) A recommendation as to whether the
proposed action requires an EIS.
(h) The name of the person preparing the
EA.
(3) PRELIMINARY
FINDINGS.
(a) The commission shall make a
preliminary determination about the need for an EIS, based on the information
collected for the EA under sub. (2).
(b) The commission shall notify persons who
were provided the announcement of the EA for the proposed action, and other
persons the commission knows to be interested in the proposed action, of the
preliminary determination. The notice of preliminary determination shall
include a description of the proposed action, the preliminary determination
whether an EIS is needed, any significant concerns raised about the proposed
action, the name of a commission contact person and the period for comment. The
commission shall make copies of the EA available to those persons who request
it.
(c) The commission shall
authorize at least 15 days for public comment on the preliminary determination,
commencing with the date the notice under par. (b) is distributed.
(4) DETERMINING NEED FOR AN
ENVIRONMENTAL IMPACT STATEMENT.
(a) When the
comment period expires, the commission shall determine whether the proposed
action is a major action significantly affecting the quality of the human
environment within the meaning of s.
1.11(2) (c), Stats., for which an EIS is required.
The determination shall be based on the EA prepared under sub. (2) and any
comments received on the preliminary determination under sub. (3).
(b) If a finding of no significant impact is
made, the commission shall enter the EA as part of the case file for the
proposed action and shall send a copy of the EA to each county clerk, city
clerk, village clerk, and town clerk in the area of the project.
