Wis. Admin. Code Department of Corrections DOC 335.05

Current through November 25, 2024

Section DOC 335.05 - Types of actions

The department has grouped its actions into 3 types to facilitate its determination of need for an EIS.

(1) TYPE I ACTIONS. A type I action will always require an EIS. Construction of a new residential institution of 65 or more beds at a location where there was not previously a department-operated institution is a type I action.

(2) TYPE II ACTIONS. A type II action may or may not require an EIS, depending on the significance of the action. All of these actions shall be evaluated by means of an environmental assessment (EA). In the EA, the department shall study, develop and describe appropriate alternatives to the proposed action. Type II actions include the following:

(a)Facilities development.

1. Construction of a new residential institution of fewer than 65 beds at a location where there was not previously a department-operated institution.

2. Construction at an existing department-operated institution of a new or replacement building or other structure or the addition to or change in the exterior physical design of a building or other structure, the cost of which is the same as or more than the limit where approval of the building commission is required pursuant to s. 13.48(10), Stats.

3. Acquisition or modification of an existing building to serve as a community residential facility for clients.

4. Modification of a building at an existing department-operated institution to serve a different program and population.

5. Changes in land use at minimum security facilities or beyond the secure perimeter of other facilities operated by the department to include but not be limited to construction of athletic fields, roads, parking facilities, bridges, and walls or fences.

6. Construction of a planned lake or pond development or renewal of an existing pond development.

7. Development of new sanitary land fill and solid waste disposal sites, and closing of existing sites.

8. Sale of an institution.

(b)Facilities operation.

1. New construction, enlargement, or other significant modification in electrical, television, communications, heating, gas, or sewer facilities and systems at an institution.

2. Demolition projects to remove structures of 100,000 or more cubic feet.

3. Grant of easements across department property for roads and for above-ground construction of utilities including pipelines and transmission lines.

4. Changed policies on farming and camp operation on department properties.

(c)Administrative rules. Promulgation of non-emergency administrative rules under ss. 227.14 to 227.22, Stats. when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the rules.

(d)Plans. Approval of state plans prepared as a requirement for federal financial participation in programs administered by the department, when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the plans.

(e)Legislative proposals. Proposals of the department for state legislation to authorize new programs or major changes in existing programs, the implementation of which would have material effects on the human environment.

(3) TYPE III ACTIONS. A type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources, and therefore, unless the department determines otherwise, an EA or an EIS will not be required for the proposed action. Type III actions include the following:

(a)Facilities development.

1. Remodelling entirely within a building at an institution for use by the same program.

2. Institution improvement projects, to include energy conservation and barrier-free access improvements and improvements to outdoor lighting, walkways, signs, shelters, tree plantings, and landscaping.

3. Restoration of a facility to its original condition following damage from fire, accident, disturbance, or natural calamity.

4. Closing of an institution or of part of an institution.

5. Sale of excess lands.

(b)Facilities operation.

1. Grant of easements across department property for the purpose of below-ground construction of utilities, including pipelines and transmission lines.

2. Maintenance of buildings, including but not limited to replacement of doors, windows and roofs, and painting, without altering the architectural integrity of the buildings.

3. Maintenance of roads, sidewalks, curbs, and gutters at institutions.

4. Road and parking lot resurfacing on department properties, and expansion without significant extension or relocation.

(c)Legislative proposals. Positions of the department on legislative proposals originating outside the department.

(d)Research. For purposes of this paragraph, "research" means systematic investigation designed to develop or contribute to generalizable knowledge.

(4) OTHER ACTIONS. Every action not fitting into one of the categories in subs. (1) to (3) shall be evaluated for determination of type.

(5) UPDATING OF TYPE-LIST. The action type-list shall be updated from time to time by rulemaking to reflect change in department programs or change in the categorization of department actions.

Wis. Admin. Code Department of Corrections DOC 335.05

Cr. Register, March, 1992, No. 435, eff. 4-1-92.