Section 400.12. Public hearings.

 

(1)   Public hearing on SEE. The department shall hold a public hearing on a system plan and its SEE no sooner than 15 days after its notice of public hearing. The public hearing shall be held after announcement of the public hearing and the identity of the system plan and its SEE shall be referenced in the public hearing announcement.

(2)   No public hearing on LEIS. As provided in s. 1.11 (2) (d) , Stats., no public hearing is required on environmental impact statements on reports or recommendations on proposals for legislation.

(3)   Public hearing on DEIS.

(a) Whenever a proposed action requires an EIS, the department shall hold a public hearing on the DEIS no sooner than 15 days after its notice of availability is published. The hearing shall be held prior to the determination of the recommended course of action for the proposal.

(b) A notice of public hearing shall be published, at least 15 days prior to the hearing, 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, such notice shall also be published in the official state newspaper and any other newspapers as appropriate to obtain comprehensive coverage. Copies of the notice shall be mailed to appropriate local, state and federal agencies and to others having an interest in the proceedings of the proposed action. The notice of public hearing shall include:

1. Identification of the DEIS.

2. Date, time and place of the hearing.

3. A brief description of the proposed action.

4. A brief description of the scope and purpose of the hearing.

5. The address to which questions may be sent prior to the hearing and locations where additional information may be obtained.

6. Provision for submitting written statements in place of, or in addition to, testimony presented at the public hearing.

7. The locations where the DEIS may be obtained or reviewed.

(c) The public hearing may be combined with other hearings and notices of hearings required for departmental actions, provided the requirements under pars. (a) and (b) are met.

(4)   Public hearing on EA. A public hearing on an EA may be held by the department if a request for such a hearing is received by the department within the time specified in the notice of opportunity for a public hearing provided for under s. Trans 400.11 (5) (c) . Whenever the department approves a timely request for a public hearing under this subsection, the department shall proceed in the same manner as provided for a public hearing on a DEIS under sub. (3) , except that the public hearing shall be held no sooner than 15 days after publication of the public hearing notice and the identity of the EA shall be referenced in the public hearing notice.

History: Cr. Register, April, 1992, No. 436 , eff. 5-1-92.