(1) When an EIS is required, a DEIS and an
FEIS shall be prepared by the board, by the district or by a consultant under
contract with the board or a district. The board shall supervise and exercise
final review of any EIS prepared by a district or a consultant. The DEIS shall
emphasize significant environmental issues identified during the scoping
process. The FEIS shall be based in part upon comments received on the DEIS and
on information received from other sources. An EIS shall provide analysis of
the environmental and economic implications of a proposed action contemplated
by a district that need board approval. An EIS shall include the following:
(a) A summary of the scoping process used and
the major issues identified for detailed analysis in the EIS.
(b) A description of the proposed action and
of the affected environment including the history and background of the
proposed action, location, type of facility, major dimensions, engineering
design criteria, general types of materials be used, time schedules, maps and
diagrams deemed relevant, sources of funding, permits and approvals required,
and other pertinent information which will adequately allow an assessment of
the potential environmental impact by persons who want to make
(c) An evaluation shall
be made of the probable environmental consequences, both positive and negative,
of the proposed action as it relates to the physical and chemical, biological,
social and cultural, and economic environments. Secondary as well as primary
consequences to the environment shall be included whenever possible. The
discussion shall include adverse environmental effects which cannot be avoided
should the proposal be implemented. The EIS shall include impacts which have
catastrophic consequences, even if their probability of occurrence is low,
provided that the analysis of the impacts is supported by credible scientific
evidence, is not based on pure conjecture, and is within the rule of reason.
1. The evaluation of the physical and
chemical environment shall include consideration of the action's effects upon
air quality and climate, surface and ground water quality and quantity, noise,
geological structure, topography, minerals and soils, thermal effects, unique
land forms and water bodies, and flood and erosion hazards.
2. The evaluation of the biological
environment shall include consideration of the action's effect upon plant life,
animal life, fish and wildlife habitat, ecological relationships, endangered
species, migrations, unique plant and animal associations, human health, and
hazardous and toxic materials.
The evaluation of the social and cultural environment shall include
consideration of the action's effect upon historic and archeological sites,
parks and recreation areas, local institutions and community service, existing
and future land uses, community description, housing patterns, neighborhood
compatibility, displacement of families, businesses and farms, aesthetics,
potential for shared use of facilities or programs, ethnic, religious or other
groups, change in population patterns, emergency services, educational
facilities and local ordinances.
An evaluation of the economic environment which shall include consideration of
the action's effect upon tax base, property values, employment, community and
personal income, business activities and climate, manufacturing, mining and
industry, agriculture, transportation, public utilities, energy resources, and
government services and costs.
(d) An evaluation of significant irreversible
and irretrievable commitments of resources that would be involved in the
proposed action if implemented, including a statement identifying the extent to
which the proposed action irreversibly curtails the range of potential uses of
to the proposed action, including a rigorous exploration and objective
evaluation of the environmental impacts of all reasonable alternatives,
particularly those that might avoid all or some of the adverse environmental
effects of the proposed action. The option of doing nothing shall be included
as an alternative.
relationship between short-term uses of the environment and the maintenance and
enhancement of long-term productivity. The EIS shall describe the extent to
which the proposed action involves tradeoffs between short-term economic gains
at the expense of long-term environmental productivity or vice versa, and the
extent to which the proposed action forecloses future options.
(g) The FEIS shall discuss at appropriate
points any responsible opposing view not adequately discussed in the
(h) An analysis shall also be
made of significant direct and indirect energy impacts of the proposed
(2) The FEIS
shall be an analysis document that enables environmental and economic factors
to be considered in the development of a proposed action. It shall be
considered by the board in the decision-making process.
(3) The EIS shall be written in plain
language and shall use appropriate graphics to aid decision-makers and the
public. Where appropriate, an EIS may be combined with other required
environmental or planning documents. The text of the FEIS shall normally be
less than 150 pages and in proposed actions of unusual magnitude or complexity
shall normally be less than 300 pages.
(4) If the board makes substantial changes in
the proposed action that are relevant to environmental concerns, or if there
are significant new circumstances or information relevant to environmental
concerns that have bearing on the proposed action or its impacts, that arise
after preparation of the FEIS, but before substantial implementation of the
action, the board shall prepare supplements to the FEIS. If a supplement is
prepared it shall be distributed and reviewed in the same manner as a DEIS or a
FEIS as provided in s.
Cr. Register, April, 1987,
No. 376, eff. 5-1-87; correction in (4) made under s. 13.93(2m) (b) 7, Stats.,
Register, June, 1994, No. 462.