Wisconsin Administrative Code
Technical College System Board
Chapter TCS 12 - Wisconsin environmental policy act procedures
Section TCS 12.04 - Preparation of an environmental assessment

Universal Citation: WI Admin Code ยง TCS 12.04

Current through February 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.


(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.


(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.

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