Chapter SPS 301

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.

SPS 301.22(2)(b) (b)

SPS 301.22(2)(b)1. 1. The scoping process shall include, to the extent possible, other affected or interested individuals and agencies.

SPS 301.22(2)(b)2. 2. The department may utilize meetings, hearings, workshops, surveys, questionnaires, committees, or other methods or activities to gather public input for the scoping process.

SPS 301.22(2)(b)3. 3. The department may integrate any or all of the scoping process activities with other required public participation activities related to the proposed action.

SPS 301.22(3) (3) Contents.

SPS 301.22(3)(a) (a) An environmental impact statement shall describe the proposed action and identify the environmental consequences of the action.

SPS 301.22(3)(b) (b) An environmental impact statement shall address all of the following:

SPS 301.22(3)(b)1. 1. A description of the proposed action, including the purpose or need for the action.

SPS 301.22(3)(b)2. 2. A description of reasonable alternative actions to the proposed action, including the alternative of taking no action.

SPS 301.22(3)(b)3. 3. A description of the possible environmental impacts of the proposed action and alternatives.

SPS 301.22(3)(b)4. 4. An identification of any adverse environmental effects which cannot be avoided should the action be undertaken.

SPS 301.22(3)(b)5. 5. The description of the relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity.

SPS 301.22(3)(b)6. 6. An identification of any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

SPS 301.22(3)(b)7. 7. An identification of any beneficial aspects of the proposed action.

SPS 301.22(3)(b)8. 8. An identification of any economic advantages and disadvantages of the proposed action.

SPS 301.22(4) (4) Format. The department shall prepare an environmental impact statement in a format which facilitates good analysis and clear presentation.

SPS 301.22(5) (5) Distribution. The department shall provide a copy of an environmental impact statement to at least all of the following:

SPS 301.22(5)(a) (a) The office of the governor.

SPS 301.22(5)(b) (b) The secretary of the department of natural resources.

SPS 301.22(5)(c) (c) Any individual or organization that has requested a copy.

SPS 301.22(6) (6) Public comment period.

SPS 301.22(6)(a) (a) The department shall establish a public comment period for a draft environmental impact statement.

SPS 301.22(6)(b) (b) The public comment period for a draft environmental impact statement shall extend not less than 30 days from the document availability date under s. SPS 301.20 (2) (b)

SPS 301.22(7) (7) Public hearing.

SPS 301.22(7)(a) (a) The department shall hold at least one public hearing on each draft environmental impact statement.

SPS 301.22(7)(b) (b) The department shall provide public notice in accordance with s. SPS 301.20 (5) at least 30 days prior to the date of the first public hearing to be held for a draft environmental impact statement.

SPS 301.22(7)(c) (c) The department shall conduct the public hearing for a draft environmental impact statement in accordance with s. 227.18, Stats.

SPS 301.22(8) (8) Comment review.

SPS 301.22(8)(a) (a) After the public hearing and comment period for a draft environmental impact statement, the department shall summarize the comments received.

SPS 301.22(8)(b) (b) The department shall prepare a written response to the summarized comments received on the draft environmental impact statement.

SPS 301.22(9) (9) Revision procedures. Before issuing a record of decision under sub. (10) (b), the department may revise, including the use of a supplement or addendum, all or part of the draft or final environmental impact statement.

SPS 301.22(10) (10) Record of decision.

SPS 301.22(10)(a) (a) After a final environmental impact statement has been completed, the department shall prepare and file a written record of decision on a proposed action.

SPS 301.22(10)(b) (b) The written record of decision following the completion of an environmental impact statement shall include all of the following:

SPS 301.22(10)(b)1. 1. A statement of the decision.

SPS 301.22(10)(b)2. 2. The identification of all alternatives considered.

SPS 301.22(10)(b)3. 3. The reason for choosing an alternative action.

SPS 301.22(10)(c) (c) Upon completion of a final environmental impact statement, the department shall file in the office of the secretary a copy of all of the following:

SPS 301.22(10)(c)1. 1. The written record of decision.

SPS 301.22(10)(c)2. 2. The final version of the environmental impact statement.

SPS 301.22(10)(c)3. 3. The notice of public hearing for the draft environmental impact statement.

SPS 301.22(10)(c)4. 4. The summary of public hearing comments, if any.

SPS 301.22(10)(c)5. 5. The department’s response to the public hearing comments.

SPS 301.22(10)(c)6. 6. The draft environmental impact statement.

SPS 301.22 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; correction in (1) (d), (6) (b), (7) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.