Wisconsin Legislature: SPS 301.20(2)(b)

(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.

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 Action types.

(1)

(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.

(b)

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

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.

3. An environmental type III action shall normally:

a. Not require the preparation of an environmental impact statement or environmental assessment;

b. Not require the need for additional environmental analysis; and

c. Require a record of decision indicating a categorical exclusion.

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

(a) Actions exempted by statute.

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

(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.

- See PDF for table

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 Public notice.

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

(a) A preliminary environmental assessment;

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

(d) A draft environmental impact statement;

(e) A final environmental impact statement; and

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

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

(a) The type of environmental document;

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

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

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

(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).

(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.

(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:

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

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

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 Environmental assessments.

(1) General.

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

(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.

(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.

(2) Contents.

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

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

1. A description of the proposed action, including the purpose or need for the action.

2. A description of reasonable alternative actions to the proposed action, including the alternative of taking no action.

3. A description of the possible environmental impacts of the proposed action and alternatives.

4. Identification of persons and agencies consulted relative to the preparation of the environmental assessment.

5. A preliminary recommendation on whether or not the proposed action warrants the preparation of an environmental impact statement.

(3) Record of decision.

(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.

(b)

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.

2. A finding of no significant impact shall include a summary of the reasons for the finding.

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

a. A copy of the environmental assessment; and

b. A summary of public comments received, if any, relative to the environmental assessment.

(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.

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 Environmental impact statements.

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

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

(b) A scoping process.

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

(e) At least one public hearing.

(2) Scoping.

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

1. The environmental issues to be addressed in depth in the environmental impact statement.

2. Environmental issues which are not significant or which have been covered in previous environmental analyses.

3. A timeline for the preparation of the statement and for public comment.

(b)

1. The scoping process shall include, to the extent possible, other affected or interested individuals and agencies.

2. The department may utilize meetings, hearings, workshops, surveys, questionnaires, committees, or other methods or activities to gather public input for the scoping process.

3. The department may integrate any or all of the scoping process activities with other required public participation activities related to the proposed action.

(3) Contents.

(a) An environmental impact statement shall describe the proposed action and identify the environmental consequences of the action.

(b) An environmental impact statement shall address all of the following:

1. A description of the proposed action, including the purpose or need for the action.

2. A description of reasonable alternative actions to the proposed action, including the alternative of taking no action.

3. A description of the possible environmental impacts of the proposed action and alternatives.

4. An identification of any adverse environmental effects which cannot be avoided should the action be undertaken.

5. The description of the relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity.

6. An identification of any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

7. An identification of any beneficial aspects of the proposed action.

8. An identification of any economic advantages and disadvantages of the proposed action.