Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.30 - EIS action analysis

Current through June 24, 2024
(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.
Note:
42 USC
				  4331 was enacted as P.L. 91- 190 and is known
				  as "the national environmental policy act."
(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)
Consultant 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.