A Guide to the Wisconsin Environmental Policy Act (WEPA) Requirements, Process, and Compliance

The Wisconsin Environmental Policy Act (WEPA) plays a crucial role in shaping the environmental landscape of the state, and this comprehensive guide provides a deep dive into its intricacies. Discover how WEPA regulates a wide range of activities and entities, from state agencies to private developers, and learn about the key provisions that make up its structure. Understand the importance of proactive compliance with WEPA's standards and limitations, and explore the monitoring, reporting, and recordkeeping obligations that are essential for effective environmental management. Stay informed about recent developments and the evolving regulatory outlook, and find valuable resources to navigate the complexities of environmental impact assessment in Wisconsin. This guide offers a unique perspective on WEPA's role in balancing economic development with environmental protection, and delivers critical insights for successfully navigating the state's environmental regulatory landscape.

GENERAL INFORMATION

Key Details of the Wisconsin Environmental Policy Act (WEPA)

Issuing Agency: Wisconsin Department of Natural Resources (DNR)

Year Established: 1972

Last Amended: 2019

Statutory Authority: Wisconsin Environmental Policy Act, Wisconsin Statutes Section 1.11¹

Primary Legal Reference: Wisconsin Administrative Code Chapter NR 150²

Overview of the Wisconsin Environmental Policy Act (WEPA)

The Wisconsin Environmental Policy Act (WEPA) is a state-level environmental regulation that operates within the broader context of Wisconsin's environmental protection framework. WEPA is modeled after the National Environmental Policy Act (NEPA) and aims to ensure that state agencies consider the environmental impacts of their actions and decisions.³

WEPA requires state agencies to evaluate the environmental consequences of their proposed actions, including permitting decisions, rule-making, and infrastructure projects. The primary goal of WEPA is to promote informed decision-making and public participation in the environmental review process.⁴

The Wisconsin Department of Natural Resources (DNR) is the primary agency responsible for administering and enforcing WEPA. The act was first enacted in 1972 and has undergone several amendments, with the most recent significant changes occurring in 2019.

WEPA achieves its goals by requiring state agencies to prepare an Environmental Impact Statement (EIS) for actions that may significantly affect the quality of the human environment. The EIS process involves analyzing alternatives, assessing environmental impacts, and engaging the public through comment periods and hearings.⁵

What does the Wisconsin Environmental Policy Act (WEPA) protect?

The Wisconsin Environmental Policy Act (WEPA) protects a wide range of environmental resources, including air, water, land, wildlife, and cultural resources, from the potential adverse impacts of state agency actions. WEPA ensures that these resources are considered and protected by requiring state agencies to thoroughly evaluate the environmental consequences of their proposed actions through the Environmental Impact Statement (EIS) process.⁶ This process helps identify, avoid, and mitigate potential harm to Wisconsin's natural environment and human health.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Wisconsin Environmental Policy Act (WEPA) is a state-level regulation that applies to a wide range of activities and entities that have the potential to significantly impact the environment. WEPA requires state agencies to consider the environmental consequences of their actions, including permitting decisions, funding approvals, and the adoption of new policies or regulations.⁷

The key entities regulated under WEPA include:

1. State agencies and departments
2. Local governments and municipalities
3. Public and private entities receiving state funding or requiring state permits

The types of activities subject to WEPA review encompass a broad spectrum of projects and actions, such as:

• Construction and infrastructure projects
• Land use planning and zoning decisions
• Natural resource management activities
• Permitting for industrial facilities and operations
• Adoption of new policies, rules, or regulations by state agencies

Under WEPA, the following activities are prohibited without proper environmental review and approval:

1. Actions significantly affecting the quality of the human environment: Any activity that may have a substantial impact on environmental quality, such as large-scale development projects or the introduction of pollutants into the environment, is prohibited without an Environmental Impact Statement (EIS) or a finding of no significant impact.⁸

2. Actions impacting critical environmental resources: Activities that may adversely affect endangered species, wetlands, or other protected environmental resources are prohibited without proper review and mitigation measures.

3. Actions involving the use of state funds or state-owned properties: Projects or activities that receive state funding or involve the use of state-owned lands must undergo WEPA review to ensure compliance with environmental protection standards.⁹

These prohibitions are designed to ensure that state agencies and other regulated entities carefully consider the environmental consequences of their actions and take appropriate steps to minimize negative impacts on Wisconsin's natural resources and human health.

Structure and Key Provisions

The Wisconsin Environmental Policy Act (WEPA) is structured into several key sections that outline the regulation's purpose, applicability, and requirements. The main provisions of WEPA include:

1.62 Definitions

This section provides definitions for key terms used throughout the regulation.

1.11 Statement of legislative intent and purpose

This provision outlines the legislative intent behind WEPA, emphasizing the importance of considering environmental factors in decision-making processes and promoting the sustainable use of natural resources.¹⁰

1.12 Procedural duties; information required

This section establishes the procedural requirements for state agencies under WEPA, including the preparation of Environmental Impact Statements (EIS) and Environmental Assessments (EA) for actions that may significantly affect the environment.¹¹

1.95 Powers and duties of the board

This provision outlines the responsibilities of the Wisconsin Natural Resources Board in implementing and enforcing WEPA, including the development of guidelines and rules for environmental review processes.

While these sections represent some of the most important aspects of WEPA, it is crucial for regulated entities to consult the full text of the regulation and engage with the Wisconsin Department of Natural Resources and other relevant agencies for project-specific guidance. The applicability and specific requirements of WEPA may vary depending on the nature, scale, and location of a given project or activity.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Wisconsin Environmental Policy Act (WEPA) establishes various standards and limitations to protect the environment and public health. These may include emissions limits for air and water pollutants, performance standards for certain industrial processes, and other relevant metrics. The specific standards and limitations applicable to a given project will depend on factors such as the type and scale of the development, its location, and the potential environmental impacts identified through the WEPA review process.

Compliance with these standards is typically implemented through permits, licenses, and other approvals issued by the relevant state agencies, such as the Wisconsin Department of Natural Resources. Developers and consultants should work closely with these agencies to understand the specific standards and limitations that apply to their projects and to ensure ongoing compliance through regular monitoring, reporting, and recordkeeping.

Monitoring, Reporting & Recordkeeping Obligations

Under WEPA, regulated entities are typically required to conduct regular monitoring of their environmental performance and impacts, such as emissions testing, water quality sampling, or wildlife surveys. The specific monitoring requirements will depend on the nature of the project and the standards and limitations established through the WEPA review process and related permits and approvals.

In addition to monitoring, regulated entities are often required to submit regular reports to the relevant state agencies, documenting their compliance with applicable standards and providing data on their environmental performance. These reports may be required on a monthly, quarterly, or annual basis, depending on the specific requirements established for the project.

Regulated entities are also typically required to maintain detailed records of their environmental performance, monitoring data, and compliance activities. These records must be maintained for a specified period of time and made available to state agencies upon request for inspection and review.

Developers and consultants should work closely with the relevant state agencies to understand the specific monitoring, reporting, and recordkeeping requirements that apply to their projects, as these can vary widely depending on the nature and scale of the development and the potential environmental impacts identified through the WEPA review process.

Enforcement Actions & Penalties

Violations of WEPA standards, limitations, or other requirements may result in enforcement actions by the relevant state agencies, such as the WDNR. These actions can include notices of violation, administrative orders, or civil and criminal penalties, depending on the nature and severity of the violation.

Notices of violation typically inform the regulated entity of the specific violation and require corrective action within a specified timeframe. Administrative orders may impose additional requirements or restrictions on the project, such as increased monitoring or reporting, until the violation is resolved.

In more severe cases, state agencies may seek civil or criminal penalties for WEPA violations. Civil penalties can include fines and other monetary damages, while criminal penalties may include fines and imprisonment for willful or egregious violations.

To avoid enforcement, developers and consultants should prioritize proactive compliance with WEPA standards and requirements, and engage early and often with the relevant state agencies to ensure a clear understanding of their obligations. In the event of a violation, prompt and transparent communication with the agencies and a demonstrated commitment to corrective action can help mitigate the risk of more severe enforcement actions.

Readers should consult the full text of WEPA and related regulations, and work closely with the relevant state agencies, to understand the specific enforcement provisions and penalty structures that may apply to their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Wisconsin Environmental Policy Act (WEPA) has undergone several noteworthy developments that have shaped the current regulatory landscape. One of the most significant changes occurred in 2018 when the Wisconsin Supreme Court issued a decision in Clean Wisconsin, Inc. v. Department of Natural Resources [^300]. The court ruled that the Department of Natural Resources (DNR) has the authority to consider the cumulative environmental impacts of high-capacity wells when reviewing permit applications, setting a precedent for a more comprehensive evaluation of environmental effects under WEPA.

Another important development was the passage of 2017 Wisconsin Act 134, which amended WEPA to streamline the environmental review process for certain types of projects [^301]. The act established a tiered approach to environmental assessments, allowing for a more efficient review of projects with minimal environmental impact while maintaining a more rigorous evaluation of projects with potentially significant effects.

Looking ahead, stakeholders should be aware of ongoing efforts to modernize and clarify the WEPA regulations. The DNR has been engaged in a multi-year process to update its administrative rules related to WEPA, with the goal of improving the efficiency and effectiveness of the environmental review process. Developers and environmental consultants should monitor the DNR's website and subscribe to relevant mailing lists to stay informed about proposed rule changes and opportunities for public comment.

Furthermore, there is growing interest among policymakers and advocacy groups in strengthening WEPA's provisions related to climate change and environmental justice. While no specific legislation has been introduced as of yet, stakeholders should be prepared for potential future amendments that may require a more explicit consideration of these issues in the environmental review process.

Additional Resources

Wisconsin Environmental Policy Act (WEPA) Full Text: The complete text of the Wisconsin Environmental Policy Act, available on the Wisconsin State Legislature website.

DNR WEPA Guidance: The Wisconsin Department of Natural Resources' guidance document on the WEPA process, unavailable.

Environmental Impact Assessment in Wisconsin: A Guide for Practitioners [^304]: A comprehensive guide to environmental impact assessment in Wisconsin, currently unavailable.

WEPA Compliance Checklist: A helpful checklist provided by the DNR to assist project proponents in ensuring compliance with WEPA's requirements, unavailable.

Wisconsin Environmental Impact Other Statement (EIS) Template: A template for preparing an Environmental Impact Statement under WEPA, unavailable.

[^300]: Clean Wisconsin, Inc. v. Department of Natural Resources, 2018 WI 25, 380 Wis. 2d 354, 909 N.W.2d 114. [^301]: 2017 Wisconsin Act 134, https://docs.legis.wisconsin.gov/2017/related/acts/134. [^304]: University of Wisconsin-Stevens Point, "Environmental Impact Other Assessment in Wisconsin: A Guide for Practitioners," currently unavailable.