Section 150.10. Strategic analysis.

 

(1)   Purpose. This section establishes the procedures to fulfill the requirements of s . 1. 1 1 (2) (e) and (h) , Stats.

(1m)   Identification of issues.

(a) Policies. The department shall conduct a strategic analysis for all new or revised policies if both of the following apply:

1. The policy involves unresolved conflicts concerning alternative uses of available resources.

2. The department has substantial discretion in formulating important provisions of the policy.

(c) Other issues or policies. Although not required under this section, the department may use the strategic analysis processes in subs. (2) to (4) for any of the following issues or policies:

1. A complicated or complex issue.

2. An issue that is new to the state.

3. An issue or policy that will likely lead to future department actions that will require an EIS.

4. Issues for which there is a high potential for legislation or new department policy.

5. Planning and development of controversial resource-oriented projects.

6. Any other issue or policy that involves unresolved conflicts concerning alternative uses of available resources.

(2)   Scoping.

(a) General requirement. The department shall determine the scope of the analysis, potential alternative approaches, potentially a f fected natural resources, and likely effects of the alternatives on those resources. The department shall also identify incomplete or unavailable information that is relevant to a reasoned choice among alternatives.

(b) Consultation. The department may consult with and obtain the comments of any agency that has expertise with respect to any issue involved.

(c) Public scoping. The department shall use a public scoping process. The process may consist of comment periods, meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.

(3)   Analysis.

(a) Purpose. The purpose of the analysis is to inform decisionmakers and the public of alternative courses of action and the anticipated effects of those alternatives on the quality of the human environment.

(b) Intent. Using available ecological and other scientific information, the analysis shall consider the alternatives and environmental effects in a dispassionate manner and may not advocate a particular position about alternatives.

(c) Authorship. Any part of the analysis may be prepared by the department, a consultant to the department, or another state, federal, tribal, or local agency. The department may rely on any relevant information from any source.

(d) Format. The document shall follow a format relevant to the scope of the analysis.

(e) Presentation. The analysis shall be written in plain language and should use appropriate graphics to aid decisionmakers and the public.

(4)   Public review.

(a) Document publication. The department shall publicly announce that the analysis is available for public comment and shall make the analysis available to the governor, legislature, local governments, other concerned state agencies, federal agencies, tribal agencies, natural resources board, department secretary and administrators, and the public as required by s. NR 150.50 . Copies of the analysis shall be provided to any individual or group requesting a copy. A charge may be assessed to cover reproduction and handling costs for requests for paper copies of documents. The announcement also may be distributed to any of the following entities:

1. All local and regional units of government that may be affected by the issue or policy.

2. Regional and statewide information outlets.

3. Groups, clubs, committees, or individuals which have demonstrated an interest and have requested receipt of this type of information.

4. All participants in the scoping process not covered in subds. 1 to 3.

(b) Public announcement content. The public announcement shall include a brief description of the analysis, the date by which public comments on the analysis must be received by the department, the name and address of a contact within the department who will receive comments and respond to questions, and the locations where copies of the analysis are available for review.

(c) Public comment period.

1. Unless otherwise provided by law, the department shall provide a minimum of 45 days after the date the analysis is publicly announced to receive comments from other agencies and the public.

2. Unless otherwise provided by law, the department may grant reasonable requests from any person to extend the comment period for the analysis.

3. If a hearing is held under par. (d) , the public comment period shall be extended for a minimum of 7 days after the date the hearing is held.

(d) Hearing. The department may hold one or more public hearings on the analysis in the manner and locations that the department deems appropriate to the scope of the analysis. Any hearings held shall be announced to the public in a manner that the department deems appropriate.

(e) Consideration of public comments. Following the public comment period, the department shall summarize and consider all comments received within the public comment period. The department may revise the analysis based on comments received. The comment summary shall be made public pursuant to s. NR 150.50 along with the final version of the analysis and any supporting documents.

History: CR 13-022 : cr. Register March 2014 No. 699 , eff. 4-1-14; correction in numbering in (1), (1m), (2) made under s. 13.92 (4) (b) 1. , Stats., (1), (2) (a) (title) added under s. 13.92 (4) (b) 2. , Stats., corrections in (2) (a) made under s. 35.17 , Stats., Register March 2014 No. 699 ; EmR1517 : emerg. am. (1), (1m) (a), r. (1m) (b), am. (1m) (c) (intro.), (2) (a), eff. 6-10-15; CR 15-037 : am. (1), (1m) (a), r. (1m) (b), am. (1m) (c) (intro.), (2) (a) Register December 2015 No. 720 , eff. 1-1-16.