Section 400.09. Scoping.

 

(1)  As part of system plan development process, the department may perform SEE scoping. This scoping is to identify the issues to be addressed, alternatives to be analyzed, and the affected public or agencies involved in the system plan development. No scoping is required for reports or recommendations on proposals for legislation, LEIS's, or ER or CE actions.

(2)  For actions requiring an EIS or EA procedures, the department shall determine by means of scoping, insofar as possible at the time that a proposed action is approved for planning, development or implementation, the probable action designation, environmental review and agency coordination that will be required. If a decision to prepare an EIS is made, the department shall inform the public and affected agencies by publishing a notice of intent in the Wisconsin administrative register and a local newspaper of general circulation. The notice of intent shall include:

(a) A statement that an EIS will be prepared.

(b) A brief description of the proposed action.

(c) A preliminary list of possible alternatives.

(d) A brief discussion of the proposed scoping process.

(e) Names and addresses of the contact persons at the federal and state review agencies.

(3)  The scoping process shall include, to the extent feasible, affected local, state and federal agencies, any affected American Indian tribes, and other interested persons. The scoping process may consist of meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.

(4)  The department shall use the scoping process to accomplish the following:

(a) Determine the scope of issues to be analyzed in depth in the environmental document.

(b) Identify and eliminate from detailed study and further consideration alternatives which are unreasonable and issues which are not significant or which have been covered and documented by prior environmental review related to the proposed action.

(c) Establish a schedule for document preparation and for opportunities for public involvement.

(d) Determine, when the department is involved in the development of proposals with other state agencies, which agencies may be joint lead agencies or whether one agency should be designated the lead agency.

(e) Ensure the required involvement of any cooperating agencies.

(f) Determine whether tiering shall be used to improve or simplify the environmental processing of complex actions.

History: Cr. Register, April, 1992, No. 436 , eff. 5-1-92; am. (1) and (2) (intro.), Register, February, 1999, No. 518 , eff. 3-1-99.