Section 150.30. EIS action analysis.

 

(1)   Preparation of an environmental impact statement.

(a) Draft and Final EIS. The department shall prepare a draft EIS and a final EIS.

(am) Notification. As required by s. 23.40 (2) , Stats., the department shall notify an applicant when the department determines that it will follow the detailed environmental analysis for EIS procedures for a proposed project.

(b) Purpose. The purpose of an EIS is to inform decision-makers and the public of the anticipated effects on the quality of the human environment of a proposed action or project and alternatives to the proposed action or project. The EIS is an informational tool that does not compel a particular decision by the agency or prevent the agency from concluding that other values outweigh the environmental consequences of a proposed action or project.

(c) Intent. The EIS shall address the entire proposed project including all related department actions. An EIS shall consider the proposed action or project, alternatives and anticipated environmental effects in a dispassionate manner, and may not advocate a particular position about a proposed action or project. The EIS shall provide a level of detail commensurate with the complexity of the action or project being evaluated.

(d) Authorship. The department is responsible for the accuracy and completeness of the EIS. However, any part of an EIS may be prepared by an applicant, the department, a consultant to the applicant or department, or another state, federal, tribal or local agency. In preparing an EIS, the department may rely on an EIR provided by an applicant pursuant to par. (g) , documents prepared or relied upon by other agencies, or any other source of relevant information. The department shall disclose its information sources in compliance with sub. (2) (i) .

(e) Format. While there is no specific format required for an EIS, the department shall use a format that substantially follows the guidelines issued by the U.S. council on environmental quality under 42 USC 4331 , as required by s. 1.11 (2) (c) , Stats. An EIS shall be written in plain language and should use appropriate graphics to aid decisionmakers and the public.

(f) Issue identification.

1. The department shall consult with other agencies as provided under s. 1.11 (2) (d) , Stats.

2. The department may use a public scoping process. The process may consist of comment periods, meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.

(g) Environmental Impact Report ( EIR). Pursuant to s. 23.11 (5) , Stats., the department may require an applicant for certain proposed projects to submit an EIR. The department may request any applicant to submit an EIR. The purpose of an EIR is to help the department develop the EIS by having the applicant provide a detailed, comprehensive description of the proposed project, reasonable alternatives to the proposed project, the present environmental conditions in the area potentially affected by the proposed project, and anticipated environmental effects of the proposed project and alternatives. Predictive models, bioassays, and other analysis that can be subject to reasonable scientific verification may be required. The instructions to the applicant may also require that certain laboratory tests be performed by a laboratory certified, registered, or approved under ch. NR 149 .

(h) Cooperation with other agencies. In developing an EIS, the department may cooperate with other state, federal, tribal or local agencies in accordance with s. NR 150.40 (2) .

(i) C onsultant services. The department may enter into contracts for environmental consultant services under s. 23.41 (3) , Stats., to assist the department in the preparation of an environmental impact statement or to provide pre-application services as provided under s. 23.40 (5) , Stats.

(j) Conflicting procedures. The department may follow procedures for environmental review and analysis other than those contained in this chapter if the procedural requirements of this chapter conflict with statutory review procedures or with procedures and rules of another agency that is the lead agency for the environmental analysis. If other procedures for environmental review and analysis are followed, the department shall comply with this chapter to the maximum extent feasible.

(2)   EIS content. An EIS shall emphasize environmental issues relevant to the evaluation of the action and provide a level of detail commensurate with the complexity of the action. As required by s. 1.11 (2) (c) , Stats., the EIS shall include all of the following:

(a) A description of the proposed project that includes all the following:

1. Project location.

2. Type of facilities.

3. Time schedules.

4. Maps and diagrams.

5. Other information that the department deems necessary.

(b) A description of the purpose of the proposed project.

(c) A list of known state, federal, tribal, and local approvals required for the proposed project.

(d) A summary of the process used to identify major issues and the issues identified for detailed analysis.

(e) A list of reasonable alternatives to the proposed project, particularly those that might avoid all or some of the adverse environmental effects of the project, including a description of proposed preventive and mitigating measures and an explanation of the criteria used to discard certain alternatives from additional study.

(f) A description of the human environment that will likely be affected by the proposed project and alternatives to the proposed project.

(g) An evaluation of the probable positive and negative direct, secondary and cumulative effects of the proposed project, and alternatives to the proposed project, on the human environment, including all the following:

1. Effects on scarce resources such as: archeological, historic or cultural resources, scenic and recreational resources, prime farm lands, threatened or endangered species, and ecologically critical areas.

2. A summary of the adverse environmental effects which cannot be avoided.

3. Consistency with plans or policies of local, state, federal, or tribal governments.

4. The relationship between short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources.

5. The potential to establish a precedent for future actions or to foreclose future options.

6. The degree of risk or uncertainty in predicting environmental effects or effectively controlling potential deleterious environmental impacts, including those relating to public health or safety.

7. The degree of controversy over the effects on the quality of the human environment.

(h) Identification of information that is incomplete or unavailable and a description of the relevance of such information.

(i) Sources of information or verbiage.

(3)   Draft EIS — public review.

(a) Document publication. The department shall publicly announce that the draft EIS is available for public comment and shall make the draft EIS available in a manner determined by the department and as required under s. 1.11 (2) (d) , Stats., and s. NR 150.50 . Copies of the draft EIS shall be provided to any individual or group requesting a copy. A charge may be assessed to cover reproduction and handling costs for requests for copies of documents. The announcement also may be distributed to the following entities:

1. All local and regional units of government which have jurisdiction over the area that may be affected by the proposed project or reasonable alternatives to the proposed project.

2. Information outlets accessible in the local, regional, or statewide areas affected by the proposed project.

3. Groups, clubs, committees, or individuals that have demonstrated an interest in and requested receipt of this type of information.

4. All participants in the scoping process not listed in subds. 1 to 3.

(b) Public announcement content. The public announcement shall include: a brief description of the proposed project, a brief description of the administrative procedures to be followed under this chapter, the date by which public comments on the draft EIS are to be submitted to the department, the name and address of a contact within the department who will receive comments and respond to questions, and the locations where copies of the draft EIS are available for review.

(c) Public comment period.

1. Unless otherwise provided by law, the department shall provide a minimum of 30 days after the date the draft EIS is publicly announced to receive comments from other agencies and the public.

2. Unless otherwise provided by law, the department may grant reasonable requests from any person to extend the comment period for the draft EIS.

3. The public comment period may be extended for a minimum of 7 days after the date the hearing is held pursuant to par. (d) .

(d) Hearing. Pursuant to s. 1.11 (2) (d) , Stats., a public hearing shall be held on the draft EIS and proposed action. Holding a public hearing as required by another statute fulfills the hearing requirement. Any hearing held pursuant to this paragraph shall be publicly announced and noticed in a manner consistent with s. 1.11 (2) (d) , Stats.

(4)   Final EIS.

(a) Preparation. Following the public review period on the draft EIS, the department shall prepare a final EIS.

(b) Content. The final EIS shall include the draft EIS, a summary of the comments received on the draft EIS and the department's response to the comments. The final EIS may include revisions to draft EIS text or figures and may vary from the draft EIS in scope based on comments received on the draft EIS or other pertinent information that becomes known to the department.

(c) Final EIS publication. The final EIS shall be made publicly available under s. NR 150.50 . Copies of the final EIS shall be provided to any individual or group requesting a copy. A charge may be assessed to cover reproduction and handling costs for requests for copies of documents.

History: CR 13-022 : cr. Register March 2014 No. 699 , eff. 4-1-14; correction in numbering in (1), (4) made under s. 13.92 (4) (b) 1. , Stats., (1) (a) (title), (4) (a) (title) added under s. 13.92 (4) (b) 2. , Stats., Register March 2014 No. 699 ; EmR1517 : emerg. am. (1) (g), (3) (c) 3., (d), eff. 6-10-15; CR 15-037 : am. (1) (g), (2) (b), (3) (c) 3., (d) Register December 2015 No. 720 , eff. 1-1-16.

Note

42 USC 4331 was enacted as P.L. 91- 190 and is known as "the national environmental policy act." Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to s. 1.11 (2) (d) , Stats., "notice of the hearing shall be given by publishing a class 1 notice, under ch. 985 , at least 15 days prior to the hearing in a newspaper covering the affected area. If the proposal has statewide significance, notice shall be published in the official state newspaper." Microsoft Windows NT 6.1.7601 Service Pack 1 A public hearing required by another statute fulfills s. 1.11 (2) (d) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1