Section 400.11. Distribution and review of environmental documents.

 

(1)   SEE.

(a) Public availability of SEE. When required, a SEE shall be prepared as an integral element of system plans. The system plan and SEE shall be made available for public inspection at the department's central office, appropriate department region offices, and depository libraries.

(b) Notice of availability of a SEE. A notice of availability of a system plan and its SEE shall be published in the official state newspaper and other newspapers, as deemed appropriate. The notice may be combined with a notice of opportunity for a public hearing on the system plan. The notice shall:

1. Briefly describe the plan.

2. List the locations where the plan and its SEE may be reviewed.

3. Invite the public to furnish comments on the plan and the SEE.

4. Indicate where comments are to be sent and their due date.

(c) Public hearing. A public hearing on a system plan and its SEE shall be held by the department, except there is no requirement for a two-step, draft and final SEE because the planning process contemplates that if the plan recommendations are implemented, there will be subsequent project or site-specific environmental reviews.

(2)   LEIS. In the case of a departmental report or recommendation on a department-initiated proposal for legislation that contains major and significant new proposals that are not within the scope of any categorical exclusion, the department shall prepare a LEIS substantially following the guidelines of the United States council on environmental quality in 40 CFR 1506.8 , July 1, 1998. This includes transmission of the LEIS to the legislature concurrent with or within 30 days after the legislative proposal is submitted to the legislature, provided that the LEIS must be available in time for legislative hearings and deliberations, and 5 days in advance. There is no scoping requirement and the statement shall be prepared in the same manner as a DEIS, but shall be considered the detailed statement required by s. 1.11 (2) (c) , Stats. Any comments on the LEIS shall be given to the department which shall forward them along with its own responses to the legislative committees with jurisdiction.

(3)   DEIS.

(a) Printing and distribution of DEIS. Printing of the DEIS shall be the responsibility of the preparer. Sufficient quantities of the DEIS shall be printed to meet distribution requirements. The DEIS shall be distributed to the following:

1. The office of the governor.

2. Local, state and federal governmental agencies having special expertise, interest or jurisdiction.

3. Regional and county planning agencies within the area of the proposed action.

4. Public officials, interest groups and members of the public having the potential to be directly affected by the proposed action and requesting a copy of the DEIS. A charge may be assessed to cover reproduction and handling costs.

5. Offices of the department located in the vicinity of the proposed action and at the department's central office.

6. Public libraries:

a. For proposals having local importance, the nearest public library. In addition, a request shall be made to an appropriate public official to make the document available in a public place.

b. For proposals having regional importance, public libraries with a geographic distribution which provides public access without undue travel.

c. For proposals having statewide interest, public libraries providing reasonable access for members of the public who would be potentially affected by such proposals.

(b) Notice of availability of DEIS. A notice of availability of the DEIS shall be published in the appropriate official local newspaper or in a newspaper with general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, such notice shall also be published in the official state newspaper. Such notice shall include:

1. A brief description of the proposed action.

2. A brief description of the administrative procedures to be followed.

3. The date by which comments on the DEIS must be submitted to the department.

4. The locations where copies of the DEIS are available for review.

(4)   FEIS. The FEIS shall be printed and distributed, and a notice of availability of the FEIS shall be published in the same manner as provided for a DEIS under sub. (3) , except that the decision to proceed with the proposed action and to sign the ROD shall not be made sooner than 30 days after the date of publication of the notice of availability of the FEIS or 90 days after the date of publication of the notice of availability of the DEIS.

(5)   EA.

(a) Public availability of EA. The EA shall be made available for public inspection at the department's central office, the appropriate department region office, and the office of the local unit of government having requested the proposed action. A charge may be assessed to cover reproduction and handling costs for requested copies of the EA or portions thereof.

(b) Notice of availability of EA. A notice of availability of the EA shall be published in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, the notice shall also be published in the official state newspaper. The notice may be combined with the notice of opportunity for public hearing provided for under par. (c) . The notice shall:

1. Briefly describe the proposed action.

2. Announce the completion and availability of the EA.

3. List the locations where the EA may be inspected.

4. Invite the public to furnish written comments on the proposed action.

5. Indicate where comments are to be sent and that such comments must be submitted within 30 days of the publication date of the notice.

(c) Notice of opportunity for public hearing on EA. A notice of opportunity for public hearing shall be published when the EA is completed and made available for inspection as provided for under par. (a) . Publication of the notice shall be in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. Publication shall also be in the official state newspaper if the proposed action is of statewide interest. The notice shall invite submission of requests for a public hearing on the EA within 30 days after the date of publication of the notice. The notice shall include a description of the procedure for requesting a public hearing.

(6)   FONSI. The FONSI shall be made available by the department to participating local units of government and to the public upon request. A notice of availability shall not be required for a FONSI. A charge may be assessed to cover reproduction and handling costs for requested copies of the FONSI or portions thereof.

(7)   ER. The ER shall upon request be made available for inspection at the department's central office, the appropriate department region office, and the office of the local unit of government having requested the proposed action. A notice of availability shall not be required for an ER. A charge may be assessed to cover reproduction and handling costs for requested copies of the ER.

History: Cr. Register, April, 1992, No. 436 , eff. 5-1-92; corrections in (1) (a), (5) (a), (7) made under s. 13.92 (4) (b) 6. , Stats., Register February 2013 No. 686 .