Section 2.085. Environmental impact statements.

 

(1)  When an environmental impact statement has been prepared on a proposed action for which a contested case hearing is held, all evidence regarding compliance with s. 1.11 , Stats., shall be taken at that hearing unless otherwise provided by statute.

(2)  In the absence of specific authority for a contested case hearing on a proposed action for which an environmental impact statement has been prepared, a contested case hearing shall be held on the proposed action if a petition for a hearing meeting the requirements of s. 227.42 , Stats., is received by the department unless otherwise provided by statute.

(3)  If a contested case hearing will be held on a proposed action for which an environmental impact statement has been prepared, the informational hearing provided for by s. NR 150.30 (3) (d) shall be combined with the contested case hearing if circumstances and statutes allow. At a combined hearing, the informational portion shall precede the contested portion.

History: Cr. Register, June, 1985, No. 354 , eff. 7-1-85; am. 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. (3), r. (4) Register March 2014 No. 699 , eff. 4-1-14.