Section 301.22. Environmental impact statements.


Latest version.
  • (1) Process. The preparation of an environmental impact statement shall involve at least all of the following:
    (a) Public notice of intent to prepare an environmental impact statement.
    (b) A scoping process.
    (c) A draft environmental impact statement and a final environmental impact statement.
    (d) Public notice of the availability of environmental documents in accordance with s. SPS 301.20 .
    (e) At least one public hearing.
    (2) Scoping.
    (a) Before preparing an environmental impact statement, the department shall use a scoping process to determine all of the following:
    1. The environmental issues to be addressed in depth in the environmental impact statement.
    2. Environmental issues which are not significant or which have been covered in previous environmental analyses.
    3. A timeline for the preparation of the statement and for public comment.
    (b)
    1. The scoping process shall include, to the extent possible, other affected or interested individuals and agencies.
    2. The department may utilize meetings, hearings, workshops, surveys, questionnaires, committees, or other methods or activities to gather public input for the scoping process.
    3. The department may integrate any or all of the scoping process activities with other required public participation activities related to the proposed action.
    (3) Contents.
    (a) An environmental impact statement shall describe the proposed action and identify the environmental consequences of the action.
    (b) An environmental impact statement shall address all of the following:
    1. A description of the proposed action, including the purpose or need for the action.
    2. A description of reasonable alternative actions to the proposed action, including the alternative of taking no action.
    3. A description of the possible environmental impacts of the proposed action and alternatives.
    4. An identification of any adverse environmental effects which cannot be avoided should the action be undertaken.
    5. The description of the relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity.
    6. An identification of any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
    7. An identification of any beneficial aspects of the proposed action.
    8. An identification of any economic advantages and disadvantages of the proposed action.
    (4) Format. The department shall prepare an environmental impact statement in a format which facilitates good analysis and clear presentation.
    (5) Distribution. The department shall provide a copy of an environmental impact statement to at least all of the following:
    (a) The office of the governor.
    (b) The secretary of the department of natural resources.
    (c) Any individual or organization that has requested a copy.
    (6) Public comment period.
    (a) The department shall establish a public comment period for a draft environmental impact statement.
    (b) The public comment period for a draft environmental impact statement shall extend not less than 30 days from the document availability date under s. SPS 301.20 (2) (b)
    (7) Public hearing.
    (a) The department shall hold at least one public hearing on each draft environmental impact statement.
    (b) The department shall provide public notice in accordance with s. SPS 301.20 (5) at least 30 days prior to the date of the first public hearing to be held for a draft environmental impact statement.
    (c) The department shall conduct the public hearing for a draft environmental impact statement in accordance with s. 227.18 , Stats.
    (8) Comment review.
    (a) After the public hearing and comment period for a draft environmental impact statement, the department shall summarize the comments received.
    (b) The department shall prepare a written response to the summarized comments received on the draft environmental impact statement.
    (9) Revision procedures. Before issuing a record of decision under sub. (10) (b) , the department may revise, including the use of a supplement or addendum, all or part of the draft or final environmental impact statement.
    (10) Record of decision.
    (a) After a final environmental impact statement has been completed, the department shall prepare and file a written record of decision on a proposed action.
    (b) The written record of decision following the completion of an environmental impact statement shall include all of the following:
    1. A statement of the decision.
    2. The identification of all alternatives considered.
    3. The reason for choosing an alternative action.
    (c) Upon completion of a final environmental impact statement, the department shall file in the office of the secretary a copy of all of the following:
    1. The written record of decision.
    2. The final version of the environmental impact statement.
    3. The notice of public hearing for the draft environmental impact statement.
    4. The summary of public hearing comments, if any.
    5. The department's response to the public hearing comments.
    6. The draft environmental impact statement.
Cr. Register, September, 1999, No. 525 , eff. 10-1-99; correction in (1) (d), (6) (b), (7) (b) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .