Wisconsin Code § 23.40

Environmental impact statement
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(1) DETERMINATION IF ENVIRONMENTAL IMPACT STATEMENT IS REQUIRED.
Any person who files an application for a permit, license or approval granted or issued by the department, shall submit with the
application a statement of the estimated cost of the project or proposed action for which the person seeks a permit, license or approval. The department may seek such further information as it
deems necessary to determine whether it must prepare an environmental impact statement under s. 1.11.
(2) NOTIFICATION; ESTIMATE OF FEE. (a) If the department is
required to prepare an environmental impact statement, it shall
notify the person by certified mail.
(b) The department shall indicate the estimated environmental impact statement fee.
(3) ENVIRONMENTAL IMPACT STATEMENT FEE. (a) The department shall charge an environmental impact statement fee if it
is required to prepare an environmental impact statement or if it
enters into a preapplication service agreement.
(b) The amount of the environmental impact statement fee
shall equal the full cost of the preparation of the environmental
impact statement and the full cost of any preapplication services
if the department enters into a preapplication service agreement.
These costs shall include the cost of authorized consultant services and the costs of printing and postage.
(c) The department shall determine the manner in which the
environmental impact statement fee is to be paid. The department may require periodic payments if preapplication services
are provided.
(d) Except as provided in par. (e), the department shall deposit
any environmental impact statement fee in the general fund and
shall designate clearly the amount of the fee related to the cost of

 7223.40 CONSERVATION
authorized environmental consultant services and the amount of
the fee related to the cost of printing and postage.
(e) The department shall credit any environmental impact
statement fee for a project involving the generation of electricity
to the appropriation under s. 20.370 (9) (dh).
(4) PREAPPLICATION SERVICE AGREEMENT. The department
may enter into an agreement to provide preapplication services
necessary to evaluate the environmental impact of a project or
proposed activity, monitor major developments and expedite the
anticipated preparation of an environmental impact statement if
the project or proposed activity is large, complex or environmentally sensitive and if the person planning the project or proposed
activity agrees in writing even though that person has not filed an
application for any permit, license or approval granted or issued
by the department and no environmental impact statement has
been prepared. Preapplication services include preliminary environmental reviews, field studies and investigations, laboratory
studies and investigations and advisory services.
(5) AUTHORIZED ENVIRONMENTAL CONSULTANT SERVICES.
The department may enter into contracts for environmental consultant services under s. 23.41 to assist in the preparation of an
environmental impact statement or to provide preapplication
services.
(6) EXEMPTION FROM FEE FOR MUNICIPALITIES. Subsections
(2) (b) and (3) do not apply with respect to municipalities, as defined under s. 345.05 (1) (c).

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