Section 301.05. Administration.

 

(1)  

(a) Except as provided in par. (b) , before undertaking an action as described specified in Tables 301.11-1 and 301.11-2, the department shall determine the need for preparing an environmental assessment or environmental impact statement.

(b) An environmental assessment, environmental impact statement or any other type of environmental analysis is not required to be prepared for rule-making actions initiated under s. 227.24 , Stats.

(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.

(2)  The department may:

(a) Prepare an environmental assessment or environmental impact statement itself;

(b) Prepare an environmental assessment or environmental impact statement jointly with other agencies which may have concurrent authority; or

(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.

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 .