Chapter SPS 301

SPS 301.02   Policy.

SPS 301.03   Applicability.

SPS 301.04   Definitions.

SPS 301.05   Administration.

SPS 301.10   Action categories.

SPS 301.11   Action types.

SPS 301.20   Public notice.

SPS 301.21   Environmental assessments.

SPS 301.22   Environmental impact statements.

Ch. SPS 301 Note Note: Chapter Comm 1 was renumbered chapter SPS 301 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

SPS 301.01 SPS 301.01 Purpose. The purpose of this chapter is to establish policies and procedures to be used by the department in the implementation of s. 1.11, Stats. This chapter:

SPS 301.01(1) (1) Establishes a policy to ensure departmental consideration of the environmental impacts of its policies, plans and programs upon the human environment.

SPS 301.01(2) (2) Establishes a classification of departmental actions with regard to their need for an environmental impact statement.

SPS 301.01(3) (3) Establishes a process and procedures for creating environmental documents.

SPS 301.01(4) (4) Provides an opportunity for public input on environmental documents.

SPS 301.01(5) (5) Provides procedures to guide inter-agency interactions in the development of environmental documents.

SPS 301.01 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99.

SPS 301.02 SPS 301.02 Policy.

SPS 301.02(1) (1) The department acknowledges the Wisconsin environmental policy act, s. 1.11, Stats., as a legal obligation to evaluate and consider potential environmental impacts of its proposed actions. This obligation is shared by all divisions of the department.

SPS 301.02(2) (2) In carrying out its responsibility under s. 1.11, Stats., the department shall substantially follow the guidelines issued as rules by the United States council on environmental quality at 40 CFR Parts 1500 through 1508 (1987), as amended July 1, 1990, and its addenda.

SPS 301.02(3) (3) The department will implement procedures that will make the environmental analysis process useful to decision makers and the public. Environmental impact statements shall be concise, clear, and to the point. The statements shall emphasize major environmental issues relating to the proposed action and identify alternatives as necessary to inform department decision makers and the public.

SPS 301.02(4) (4) Public involvement, interagency coordination and consultation, and a systematic interdisciplinary approach to analysis of the issues shall be essential parts of the process of evaluating and considering environmental impacts.

SPS 301.02(5) (5) The department’s decisions on proposed actions shall consider the findings of environmental documents.

SPS 301.02 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99.

SPS 301.03 SPS 301.03 Applicability. This chapter shall apply to an action initiated or undertaken by the department under its statutory authority which may significantly and adversely affect the quality of the human environment.

SPS 301.03 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99.

SPS 301.04 SPS 301.04 Definitions. In this chapter:

SPS 301.04(1) (1) “Department” means the department of safety and professional services.

SPS 301.04(2) (2) “Environmental assessment” means a concise document which provides sufficient evidence and analysis to determine whether to prepare an environmental impact statement or a finding of no significant impact.

SPS 301.04(3) (3) “Environmental document” means an environmental assessment, a finding of no significant impact, an environmental impact statement, notice of intent or record of decision.

SPS 301.04(4) (4) “Environmental impact statement” means a detailed written report which describes the need for the action, the alternatives to be considered, the affected environment and the environmental impact.

SPS 301.04(5) (5) “Finding of no significant impact” means a document briefly presenting the reasons why an action not categorically excluded will not have a significant adverse impact on the human environment.

SPS 301.04(6) (6) “Human environment” means the natural and physical surroundings and the relationship of people to those surroundings.

SPS 301.04(7) (7) “Impact” means a reasonable and foreseeable effect relative to the human environment, including ecological, aesthetic, historic, cultural, economic, social or health effects.

SPS 301.04(8) (8) “Secretary” means the secretary of the department of safety and professional services.

SPS 301.04(9) (9) “Significant impact” means considerable and important adverse effect on the human environment.

SPS 301.04 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; correction in (1), (8) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.

SPS 301.05 SPS 301.05 Administration.

SPS 301.05(1) (1) 

SPS 301.05(1)(a) (a) Except as provided in par. (b), before undertaking an action as described specified in Tables 301.11-1 and 301.11-2, the department shall determine the need for preparing an environmental assessment or environmental impact statement.

SPS 301.05(1)(b) (b) An environmental assessment, environmental impact statement or any other type of environmental analysis is not required to be prepared for rule-making actions initiated under s. 227.24, Stats.

SPS 301.05(1)(c) (c) The process to analyze or determine environmental impacts, if required under s. SPS 301.11, for actions described specified in s. SPS 301.10 (2) to (9), shall be undertaken at the time of rule-making that establishes or revises the procedures or process for the particular action.

SPS 301.05(2) (2) The department may:

SPS 301.05(2)(a) (a) Prepare an environmental assessment or environmental impact statement itself;

SPS 301.05(2)(b) (b) Prepare an environmental assessment or environmental impact statement jointly with other agencies which may have concurrent authority; or

SPS 301.05(2)(c) (c) Adopt an environmental assessment or environmental impact statement or any portion of an environmental assessment or environmental impact statement prepared by others after reviewing and determining that the environmental assessment or environmental impact statement meets the requirements of this chapter with respect to content and public participation.

SPS 301.05 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; correction in (1) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 301.10 SPS 301.10 Action categories. For the purpose of this chapter, the department shall undertake or initiate the following actions as delineated in relating to the activities listed in Tables 301.11-1 and 301.11-2:

SPS 301.10(1) (1) Policy development and implementation which includes proposing legislation or proposing and adopting administrative rules that implement policy, principles and objectives which set limits for the actions or the results of actions of others.

SPS 301.10(2) (2) Credentialing which authorizes individuals or businesses to undertake specific actions dependent upon the individuals’ or businesses’ qualifications or registrations.

SPS 301.10(3) (3) Plan review which involves the evaluation of plan documents, reports or data, including petitions for variance, to determine compliance with department policies, principles and objectives.

SPS 301.10(4) (4) Evaluation services which involves the assessment of products or methods and their intended functions or results and the determination that the function or results comply with department policies, principles and objectives.

SPS 301.10(5) (5) Permits to operate which recognize or authorize individuals or businesses to use equipment or devices contingent upon compliance with department policies, principles and objectives.

SPS 301.10(6) (6) Consultation and training which involves providing information and advice through various media to enable individuals or businesses to comply with department policies, principles and objectives.

SPS 301.10(7) (7) Financial aid which involves providing funding or reimbursement to eligible individuals, groups, businesses or communities.

SPS 301.10(8) (8) Investigation which involves the evaluation of objects, the actions of others or the results of the actions of others and determining whether the object, action or results comply with department policies, principles and objectives.

SPS 301.10(9) (9) Auditing which involves reviewing the use of financial aid or evaluating the actions of others charged with the responsibility of administering or enforcing department policies, principles and objectives.

SPS 301.10 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 301.11 SPS 301.11 Action types.

SPS 301.11(1) (1) 

SPS 301.11(1)(a) (a) Except as provided in sub. (2), Tables 301.11-1 and 301.11-2 specify the environmental action type for actions undertaken by the department.

SPS 301.11(1)(b) (b)

SPS 301.11(1)(b)1. 1. An environmental type I action shall normally require the preparation of an environmental impact statement in accordance with s. SPS 301.22.

SPS 301.11(1)(b)2. 2. An environmental type II action indicates that an action cannot be categorized as either a environmental type I or type III action without additional information and shall normally require the preparation of an environment assessment in accordance with s. SPS 301.21.

SPS 301.11(1)(b)3. 3. An environmental type III action shall normally:

SPS 301.11(1)(b)3.a. a. Not require the preparation of an environmental impact statement or environmental assessment;

SPS 301.11(1)(b)3.b. b. Not require the need for additional environmental analysis; and

SPS 301.11(1)(b)3.c. c. Require a record of decision indicating a categorical exclusion.

SPS 301.11(2) (2) No environmental analysis shall be undertaken by the department for any of the following:

SPS 301.11(2)(a) (a) Actions exempted by statute.

SPS 301.11(2)(b) (b) Emergency actions, including those under s. 227.24, Stats., to protect public health, safety, or welfare.

SPS 301.11(2)(c) (c) Ancillary activities which are part of a routine series of related department actions.

SPS 301.11(3) (3) A proposed action to be undertaken by the department which is not described under s. SPS 301.10, Table 301.11-1 or Table 301.11-2 shall be evaluated as to its environmental action type and treated accordingly.

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SPS 301.11 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; correction in (1) (a), (b) 1., 2., (3), Table 301.11-2 made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 301.20 SPS 301.20 Public notice.

SPS 301.20(1) (1) The department shall provide public notice when the following environmental documents are available for public review:

SPS 301.20(1)(a) (a) A preliminary environmental assessment;

SPS 301.20(1)(b) (b) A final environmental assessment, except as provided under s. SPS 301.21 (1) (c);

SPS 301.20(1)(c) (c) A notice of intent to prepare an environmental impact statement;

SPS 301.20(1)(d) (d) A draft environmental impact statement;

SPS 301.20(1)(e) (e) A final environmental impact statement; and

SPS 301.20(1)(f) (f) A record of decision relative to an environmental assessment or environmental impact statement.

SPS 301.20(2) (2) The public notice of the availability of an environmental document shall include at least the following:

SPS 301.20(2)(a) (a) The type of environmental document;

SPS 301.20(2)(b) (b) The date the document will be available to the public;

SPS 301.20(2)(c) (c) The name of the proposed action;

SPS 301.20(2)(d) (d) A brief description of the proposed action; and