Section DOC 335.08 - Preparation of environmental impact statement(1) SCOPING. (a) As soon as possible after the decision to prepare an EIS, the department shall inform the public and affected or otherwise interested agencies that an EIS will be prepared and that the process of identifying impacts and alternatives to be analyzed in the EIS is beginning.(b) The scoping process shall include, to the extent possible, affected federal, state and local agencies, any affected Indian tribe, and other interested persons. The 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.(c) The department shall use the scoping process to:1. Determine the parameters of the EIS and the significant issues to be analyzed in depth in the EIS; and2. Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental impact analyses. This will permit limiting the discussion of these issues in the EIS to a brief presentation about why they are not significant for the human environment or to references to other documents in which these issues are discussed.(2) FORMAT OF STATEMENT. (a) The EIS shall be written in plain language, and shall be concise, clear, and to the point. It shall include appropriate graphics to help decisionmakers and citizens understand the implications of the proposed action and alternatives for quality of the human environment.(b) Parts of the EIS shall be: 1. A cover sheet containing the title of the proposed action, name of the department, designation of the document as the draft or final statement, name and address of the office where more information can be provided, a one-paragraph abstract of the statement and the last date on which comments on the document will be considered.2. A summary of the statement. It shall briefly describe the proposed action and shall emphasize major conclusions, areas of controversy, and issues to be resolved.4. A brief specification of the purpose of the action and need for it.5. A succinct description of the environment which would be affected by the proposed action.6. In comparative format, an analysis of the impact on the environment of the proposed action and all reasonable alternatives to it, including the alternative of no action.7. A discussion of the scientific and analytic bases for the environmental consequences identified in subd. 6.8. A list of preparers of the EIS together with their qualifications.9. Appendices, if any, relevant to analyses in the EIS or otherwise relevant to the decision to be made.(c) Other documents and sources of information may be incorporated by reference if they are available for public inspection at the central offices of the department in Madison and at the county clerk, city clerk or town clerk in the area of the project.(3) CONTENT OF STATEMENT. (a) When an EIS is required, first a draft EIS and then a final EIS shall be prepared by the department or else be prepared for the department under contract by a consultant with supervision and final editorial review by the department. The EIS shall emphasize significant environmental issues identified during the scoping process. An EIS shall contain, in the appropriate parts specified in sub. (2) (b) 4. to 7.: 1. A description of the proposed action and of the affected environment, including the project location, type of facility, time schedules, maps and diagrams deemed relevant, and other pertinent information which will adequately allow an assessment of the potential environmental impact by commenting agencies and the public.2. An analysis of the probable impact of the proposed action on the environment of human beings, to include identification of positive as well as negative effects of the proposed action and, wherever possible, indirect as well as direct consequences for the environment.3. Alternatives 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. If the department has a preferred alternative to the proposed action, that should be identified.4. A discussion of probable adverse environmental effects which cannot be avoided should the proposal be implemented. Protective and mitigative measures to be taken as part of the proposed action shall be identified.5. A discussion of the relationship between short-term use of the environment and the maintenance and enhancement of long-term productivity.6. Identification of significant irreversible and irretrievable commitments of resources that would be involved in the proposed action, if implemented, with a statement identifying the extent to which the proposed action irreversibly curtails the range of potential uses of the environment.7. Details of the beneficial aspects of the proposed action, and of the economic advantages and disadvantages of the proposed action.8. A summary of the scoping process used and of the major issues identified through it for detailed analysis in the EIS.(b) The EIS shall be an analytical document that enables environmental factors to be considered in the development of a proposed action. It shall be considered by the department in the decision-making process.(c) An EIS is not a document of justification. On the other hand, disclosure of adverse environmental effects does not necessarily mean that a proposed action should be abandoned.(d) Where proposed actions are likely to be repeated on a recurring basis or where they have relevant similarities such as common timing, impacts, alternatives, methods of implementation, or subject matter, a generic EIS may be prepared. The department shall, when addressing a single action already covered by a generic EIS, examine the relevance of the generic EIS to the specific action.Wis. Admin. Code Department of Corrections DOC 335.08
Cr. Register, March, 1992, No. 435, eff. 4-1-92.