Current through November 27, 2023
(1) CONTENT. To
determine whether a Type II action is major and significantly affects the
quality of the natural and physical environment of human beings, and to
describe the alternatives to the action, the board shall conduct an EA and
shall prepare a reviewable record in the form of a concise report. The
preparation shall be done as early as possible in the planning process, but, in
any event, before contracts are let if the action involves construction by a
district. The report shall include:
(a) A
brief description of the proposed action, the purpose of the action, the need
for the action, and maps, graphs and other materials where
appropriate.
(b) A brief
description of those factors in the human environment affected by the proposed
action.
(c) A brief evaluation of
the most significant primary and secondary environmental effects that would
result if the proposal is implemented.
(d) A brief study developing and describing
reasonable alternatives to the proposed action, including the alternative of no
action, and a brief evaluation of the significant environmental effects that
are different from the anticipated impacts of the proposed action.
(e) A listing of other agencies or groups
contacted and the comments of, and other pertinent information from, the
agencies and groups.
(f) An
evaluation section which contains brief discussions of the specific factors in
this paragraph. If the proposed action will lead to any of these results, the
need to prepare an EIS is increased.
1.
Irreversible environmental effects.
2. Stimulation of secondary (indirect)
effects.
3. Creation of a new
environmental effect.
4. Impacts on
geographically scarce environmental features.
5. Precedent-setting nature of the
action.
6. Significant controversy
associated with the action.
7.
Conflicts with official agency plans or local, regional, state or national
policy.
8. Cumulative impacts of
repeated actions of this type.
9.
Irrevocable foreclosure of future options.
(g) A preliminary recommendation on the need
for an EIS.
(2) GENERIC
EA. Where proposed actions are likely to be repeated on a recurring basis or
where they have relevant similarities such as common timing, impacts,
alternatives, methods of implementation, or subject matter, a generic EA may be
prepared. The board shall, when addressing a single action already covered by a
generic EA, consider the relevance of the generic EA to the specific
action.
(3) NOTICE.
(a)
Content. The board shall
develop a notice for EA as prepared under this section. The notice shall state
that the EA has been prepared and is available for review and shall include the
following information:
1. The name of the
proposed action and an identification of the district where the proposed action
will occur.
2. A brief description
of the proposed action, including location.
3. The board's preliminary determination of
the need for an EIS.
4. The name of
a contact person within the board who can supply copies of the EA and can
answer questions about it.
5. The
latest date on which the board will accept and consider comments before making
a final decision on the need for an EIS.
(b)
Distribution. The board
shall send copies of the notice to all individuals, agencies, and organizations
that have requested notification of the EA or of all EA's and, in the case of a
project in a particular area of the state, to the news media in the vicinity of
the project.
(4) PUBLIC
COMMENT AND INPUT. Following the deadline for receipt of public comment on the
EA, appropriate board staff shall review the EA, consider all public comments,
make modifications as judged necessary, and approve the EA which shall include
a finding either of no significant impact or of the need for an EIS.
(5) FINDINGS.
(a) If a finding is made in the EA of no
significant impact, no EIS shall be required, the environmental review is
complete and the original EA shall then be filed in the office of the WEPA
coordinator as a finding of no significant impact.
(b) If a finding is made in the EA that an
EIS is required for a proposed Type II action, the board shall proceed with the
preparation of an EIS under ss.
TCS
12.05 to
12.11.
(c) The board's finding on the need for an
EIS becomes final upon signing by the state director or designee.
(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.
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.
