Section 60.04. Determination of need for an EIS.

 

(1)  During the early planning stages, the department shall determine the need for preparing an EIS on its actions. The action type list shall be used to determine the category of the proposed action.

(2)  In determining whether a Type II action is a major action that will significantly affect the quality of the human environment, or is a proposed course of action which involves unresolved conflicts concerning alternative uses of available resources, the department shall base its decision on an environmental assessment (EA) which shall contain the following information:

(a) A brief description of the proposed action including maps and graphs if applicable.

(b) A brief description of those factors in the human environment affected by the proposed action.

(c) A brief evaluation of significant primary and secondary environmental effects that would result if the proposal were implemented.

(d) A brief study, development and description of reasonable alternatives to the proposed action and a brief evaluation of the significant environmental or other effects of these alternatives.

(e) A listing of other agencies or groups contacted and the comments of and other pertinent information from these agencies and groups.

(f) An evaluation section which contains brief discussions of the following specific factors:

1. Stimulation of secondary (indirect) effects.

2. Creation of a new environmental effect.

3. Impacts on geographically scarce environmental features.

4. Precedent-setting nature of the action.

5. Significant controversy associated with the action.

6. Conflicts with official agency plans or local, state, or national policy.

7. Cumulative impacts of repeated actions of this type.

8. Foreclosure of future options.

(g) An identification and brief discussion of appropriate alternatives to proposed Type II actions that may involve unresolved conflicts concerning alternative uses of available resources, including the alternative of no action. A proposed action involves unresolved conflicts concerning alternative uses of available resources when

1. The proposed action may reasonably be expected to materially use or affect a resource, temporarily or permanently; and

2. The resource is reasonably suited to one or more other uses; and

3. There is a discernible conflict, competition, difference or incompatibility between the use to be made of the resource by the proposed action and another use, including the present use, to which the resource is reasonably suited; and

4. The conflict, competition, difference, or incompatibility between the proposed action's use and the other uses to which the resource is reasonably suited cannot be avoided or resolved if the proposed action is implemented.

(3)  If it is determined that there are unresolved conflicts concerning alternative uses of available resources in a proposed Type II action, then the department shall study, develop and thoroughly describe the appropriate alternatives.

(4)  The department shall issue a news release to news media in the vicinity of the proposed action for each EA, including the following information:

(a) A brief description of the project, including location.

(b) A contact person within the department who can provide copies of the EA and answer questions.

(c) A date by which the department will receive and consider comments before making its final decision on the need for an EIS.

(5)  Following the deadline for receipt of public comment on the EA, the department shall review the assessment, consider all public comments, make required comments, and approve the assessment. A public hearing may be held to receive public input and aid in the review of and decision on the need for an EIS.

(6)  If a finding is made in the EA that no EIS is required for a proposed Type II action, the original EA shall then be filed by the department in its Madison, Wisconsin office as a finding of no significant impact. The assessment is a public record which is available for review upon request.

(7)  If a finding is made in the EA that an EIS is required for a proposed Type II action, the department shall prepare a DEIS and an FEIS.

History: Cr. Register, February, 1982, No. 314 , eff. 3-1-82.