Section 60.10. Project planning and approval.

 

(1)   Initial adoption of project plan.

(a) Upon receipt and approval of the final feasibility study report, the department will formulate suggested alternative methods for protecting or rehabilitating the lake.

(b) The department will tentatively indicate which alternatives require the preparation of an environmental impact report (EIR) by the applicant or an environmental impact statement (EIS) by the department. If an EIS is required, formal adoption of a proposed plan by district resolution cannot take place until a preliminary environmental impact report (PER) has been completed, circulated, and the period for comment ended.

(c) Subject to par. (b) , the district may select and adopt a proposed plan based upon the alternatives suggested by the department.

(2)   Request for hearing and application for permits and financial assistance.

(a) Following formal adoption of a proposed plan, a district may request that the department hold a hearing in the area as specified in s. 33.14 , Stats.

(b) Applications for permits and financial assistance must be on forms provided by the department and will be accepted by the department between May 1-15 and November 1-15 of each year.

(3)   Hearing and department action on proposed plan.

(a) The department will set a time and place for a public hearing on the proposed plan within 10 days after receipt of the proposed plan, applications for required permits and financial assistance.

(b) The hearing will be held within 90 days after notice of hearing in the lake district vicinity. The hearing will be for the purpose of receiving testimony regarding:

1. The environmental impact statement prepared by the department if required, and the proposed plan;

2. The issuance of required permits;

3. The potential for long-range environmental pollution as defined by s. 283.01 (6m) , Stats., if the project is implemented;

4. Views of the appropriate soil and water conservation district;

5. Views of the appropriate regional planning commission;

6. The likelihood that sources of continuing lake degradation will be substantially eliminated.

(c) If necessary to an orderly presentation, the department may receive testimony on applications for permits independently of the other issues specified in par. (b) .

(d) The department shall approve, approve with modification or disapprove a plan within 60 days following the hearing. The department shall state the reasons if a plan is disapproved and provide alternatives if modification is recommended. For approved plans, the department will concurrently issue its decision on the applications for permits and financial assistance.

(4)   Final adoption of plan. A district may by resolution adopt the approved or modified plan, and a copy of the plan and resolution shall be submitted to the department. The plan may then be implemented, subject to any conditions in the grant agreement where an offer of financial assistance has been made by the department and accepted by the district.

History: Cr. Register, February, 1979, No. 278 , eff. 3-1-79; correction in (3) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551 .

Note

The authority for submission of an EIR is contained in s. 23.11 (5) , Stats. The PER requirement is contained in ch. NR 150 , Wis. Adm. Code, and in guidelines issued February 1976, pursuant to executive order no. 26, for the purpose of implementing s. 1.11 , Stats. (Wisconsin Environmental Policy Act). Microsoft Windows NT 6.1.7601 Service Pack 1