Science Services Support:
Wisconsin Environmental Policy Act (WEPA) Compliance

The Wisconsin Environmental Policy Act (WEPA) (s.1.11, Wis. Stats.; NR 150, Wis. Adm. Code) is a state law designed to encourage environmentally sensitive decision-making by state agencies.

Science Services is responsible for overall coordination of WEPA implementation within DNR. The Department's procedures for implementing WEPA are described in detail in Chapter NR 150 [Exit DNR] of the Wisconsin Administrative Code.

It also establishes the principle that broad citizen participation should be part of environmental decision-making. WEPA imposes procedural and analytical responsibilities on the DNR and other agencies but does not provide authority to protect the environment.

WEPA applies only to the actions of state agencies. It does not apply to local governments or private parties unless their actions involve state agency regulation or funding.

WEPA requires the DNR and other state agencies to gather relevant environmental information and use it in their decision-making. Agencies must also look at appropriate alternatives to the particular course of action they are proposing. If the action is a "major action significantly affecting the quality of the human environment", the law requires agencies to consult with other agencies about possible environmental impacts, prepare and circulate an environmental impact statement (EIS), and hold a public hearing.

The WEPA process has evolved substantially since its inception. Because WEPA lacks procedural guidance, much of the current process has been developed in response to various legal decisions. For example, environmental assessments (EA's) are a creation of the courts, having arisen out of a perceived need for agencies to document their decision's not to do EIS's. EA's are similar to EIS's in both content and process. They both describe the proposal and the affected environment and they both analyze the environmental impacts and possible alternatives. And, both EA's and EIS's are publicly noticed. The primary difference is the requirement for a formal administrative hearing on an EIS.

A key part of the WEPA process is the Action Type List. Here, all DNR actions are placed into one of four categories involving various levels of environmental analysis and public involvement. The DNR uses the Type List to determine the minimum review process appropriate for a particular proposed Department action.

Science Services has put out a document entitled A Citizen Guide to the Role of the Wisconsin Environmental Policy Act in DNR Decision-Making [77K .pdf file] to help outline this process and how it affects the DNR, the public, and the state

For more information on the WEPA process, NR 150, or creation of EIS's please contact James Pardee@dnr.state.wi.us (608)-266-0426