Section 2.157. Decisions in noncontested cases.

 

(1)   Decisions when an environmental analysis is completed. For any decision arising out of a noncontested case hearing, the department may not commence, engage in, fund, approve, conditionally approve, or disapprove an action that has been the subject of a department prepared environmental analysis until it has made a written findings of fact, conclusions of law and decision on compliance with s. 1.11 , Stats. The decision shall include findings on all of the following whether:

(a) The department has considered the environmental analysis and comments received on it.

(b) The department has complied with the requirements of ch. NR 150 and s. 1.11 , Stats.

(c) Consistent with social, economic and other essential considerations, the department has adopted all practical means within its authority to avoid or minimize environmental harm, or if not, why.

(2)   Other decisions. The department shall include a finding regarding compliance with s. 1.11 , Stats., and ch. NR 150 in all written decisions, for which a noncontested case hearing has been held.

History: Cr. Register, January, 1987, No. 373 , eff. 2-1-87; CR 02-046 : am. Register September 2004 No. 585 , eff. 10-1-04; CR 13-022 : am. (1) (title), (intro.), (a) Register March 2014 No. 699 , eff. 4-1-14.