Chapter SPS 301

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

SPS 301.20(2)(e) (e) The name and address of a contact within the department who can receive comments and respond to questions relative to the environmental document.

SPS 301.20(3) (3) The department shall provide public notice when a public hearing is to be held on an environmental impact statement under s. SPS 301.22 (8).

SPS 301.20(4) (4) Public notice of the availability of environmental documents or a public hearing for an environmental impact statement may be combined with public notice of other required public participation activities related to the proposed action.

SPS 301.20(5) (5) Public notice of the availability of environmental documents and the public hearing for an environmental impact statement shall be published as a class 1 notice under ch. 985, Stats., in:

SPS 301.20(5)(a) (a) The official state newspaper for a proposed action which has a statewide impact; and

SPS 301.20(5)(b) (b) A newspaper covering the affected area for a proposed action which does not have a statewide impact.

SPS 301.20 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; correction in (1) (b), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 301.21 SPS 301.21 Environmental assessments.

SPS 301.21(1) (1) General.

SPS 301.21(1)(a) (a) An environmental assessment shall be prepared in two steps, consisting of a preliminary environmental assessment and a final environmental assessment.

SPS 301.21(1)(b) (b) If, during the preparation of a preliminary or final environmental assessment, the department determines that a proposed action would have a significant impact on the human environment, the department shall discontinue preparing the environmental assessment and issue a notice of intent to prepare an environmental impact statement.

SPS 301.21(1)(c) (c) The department shall consider a preliminary environmental assessment as a final environmental assessment without further public notice under s. SPS 301.20, provided there are no revisions or supplements made to the preliminary environmental assessment.

SPS 301.21(2) (2) Contents.

SPS 301.21(2)(a) (a) An environmental assessment shall address the significant environmental issues relevant to a proposed action.

SPS 301.21(2)(b) (b) An environmental assessment shall address all of the following:

SPS 301.21(2)(b)1. 1. A description of the proposed action, including the purpose or need for the action.

SPS 301.21(2)(b)2. 2. A description of reasonable alternative actions to the proposed action, including the alternative of taking no action.

SPS 301.21(2)(b)3. 3. A description of the possible environmental impacts of the proposed action and alternatives.

SPS 301.21(2)(b)4. 4. Identification of persons and agencies consulted relative to the preparation of the environmental assessment.

SPS 301.21(2)(b)5. 5. A preliminary recommendation on whether or not the proposed action warrants the preparation of an environmental impact statement.

SPS 301.21(3) (3) Record of decision.

SPS 301.21(3)(a) (a) The department shall decide whether the evidence in an environmental assessment indicates that a proposed action may have a significant impact on the human environment.

SPS 301.21(3)(b) (b)

SPS 301.21(3)(b)1. 1. If the department determines that the action will have no significant impact on the human environment, the department shall prepare a finding of no significant impact.

SPS 301.21(3)(b)2. 2. A finding of no significant impact shall include a summary of the reasons for the finding.

SPS 301.21(3)(b)3. 3. A finding of no significant impact shall be filed with the secretary or his or her designee and shall be accompanied by:

SPS 301.21(3)(b)3.a. a. A copy of the environmental assessment; and

SPS 301.21(3)(b)3.b. b. A summary of public comments received, if any, relative to the environmental assessment.

SPS 301.21(3)(c) (c) If the department determines that the action may have a significant impact on the human environment, the department shall provide public notice of intent to prepare an environmental impact statement in accordance with s. SPS 301.20.

SPS 301.21 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; correction in (1) (c), (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 301.22 SPS 301.22 Environmental impact statements.

SPS 301.22(1) (1) Process. The preparation of an environmental impact statement shall involve at least all of the following:

SPS 301.22(1)(a) (a) Public notice of intent to prepare an environmental impact statement.

SPS 301.22(1)(b) (b) A scoping process.

SPS 301.22(1)(c) (c) A draft environmental impact statement and a final environmental impact statement.

SPS 301.22(1)(d) (d) Public notice of the availability of environmental documents in accordance with s. SPS 301.20.

SPS 301.22(1)(e) (e) At least one public hearing.

SPS 301.22(2) (2) Scoping.

SPS 301.22(2)(a) (a) Before preparing an environmental impact statement, the department shall use a scoping process to determine all of the following:

SPS 301.22(2)(a)1. 1. The environmental issues to be addressed in depth in the environmental impact statement.

SPS 301.22(2)(a)2. 2. Environmental issues which are not significant or which have been covered in previous environmental analyses.

SPS 301.22(2)(a)3. 3. A timeline for the preparation of the statement and for public comment.