Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 150 - Environmental Analysis And Review Procedures
Section NR 150.10 - Strategic analysis
Universal Citation: WI Admin Code ยง NR 150.10
Current through August 26, 2024
(1) PURPOSE. This section establishes the procedures to fulfill the requirements of s. 1.11(2) (e) and (h), Stats.
(1m) IDENTIFICATION OF ISSUES.
(a)
Policies.The department
shall conduct a strategic analysis for all new or revised policies if both of
the following apply:
1. The policy involves
unresolved conflicts concerning alternative uses of available
resources.
2. The department has
substantial discretion in formulating important provisions of the
policy.
(c)
Other issues or policies. Although not required under this
section, the department may use the strategic analysis processes in subs. (2)
to (4) for any of the following issues or policies:
1. A complicated or complex issue.
2. An issue that is new to the
state.
3. An issue or policy that
will likely lead to future department actions that will require an
EIS.
4. Issues for which there is a
high potential for legislation or new department policy.
5. Planning and development of controversial
resource-oriented projects.
6. Any
other issue or policy that involves unresolved conflicts concerning alternative
uses of available resources.
(2) SCOPING.
(a)
General requirement. The
department shall determine the scope of the analysis, potential alternative
approaches, potentially affected natural resources, and likely effects of the
alternatives on those resources. The department shall also identify incomplete
or unavailable information that is relevant to a reasoned choice among
alternatives.
(b)
Consultation. The department may consult with and obtain the
comments of any agency that has expertise with respect to any issue
involved.
(c)
Public
scoping. The department shall use a public scoping process. The
process may consist of comment periods, meetings, hearings, workshops, surveys,
questionnaires, interagency committees, or other appropriate methods or
activities, and may be integrated with other public participation
requirements.
(3) ANALYSIS.
(a)
Purpose. The
purpose of the analysis is to inform decisionmakers and the public of
alternative courses of action and the anticipated effects of those alternatives
on the quality of the human environment.
(b)
Intent. Using available
ecological and other scientific information, the analysis shall consider the
alternatives and environmental effects in a dispassionate manner and may not
advocate a particular position about alternatives.
(c)
Authorship. Any part of
the analysis may be prepared by the department, a consultant to the department,
or another state, federal, tribal, or local agency. The department may rely on
any relevant information from any source.
(d)
Format. The document
shall follow a format relevant to the scope of the analysis.
(e)
Presentation. The
analysis shall be written in plain language and should use appropriate graphics
to aid decisionmakers and the public.
(4) PUBLIC REVIEW.
(a)
Document publication.The
department shall publicly announce that the analysis is available for public
comment and shall make the analysis available to the governor, legislature,
local governments, other concerned state agencies, federal agencies, tribal
agencies, natural resources board, department secretary and administrators, and
the public as required by s.
NR 150.50. Copies of the analysis shall be provided to
any individual or group requesting a copy. A charge may be assessed to cover
reproduction and handling costs for requests for paper copies of documents. The
announcement also may be distributed to any of the following entities:
1. All local and regional units of government
that may be affected by the issue or policy.
2. Regional and statewide information
outlets.
3. Groups, clubs,
committees, or individuals which have demonstrated an interest and have
requested receipt of this type of information.
4. All participants in the scoping process
not covered in subds. 1 to 3.
(b)
Public announcement
content. The public announcement shall include a brief description of
the analysis, the date by which public comments on the analysis must be
received by the department, the name and address of a contact within the
department who will receive comments and respond to questions, and the
locations where copies of the analysis are available for review.
(c)
Public comment period.
1. Unless otherwise provided by law, the
department shall provide a minimum of 45 days after the date the analysis is
publicly announced to receive comments from other agencies and the
public.
2. Unless otherwise
provided by law, the department may grant reasonable requests from any person
to extend the comment period for the analysis.
3. If a hearing is held under par. (d), the
public comment period shall be extended for a minimum of 7 days after the date
the hearing is held.
(d)
Hearing. The department may hold one or more public hearings
on the analysis in the manner and locations that the department deems
appropriate to the scope of the analysis. Any hearings held shall be announced
to the public in a manner that the department deems appropriate.
(e)
Consideration of public
comments. Following the public comment period, the department shall
summarize and consider all comments received within the public comment period.
The department may revise the analysis based on comments received. The comment
summary shall be made public pursuant to s.
NR 150.50 along with the final version of the analysis
and any supporting documents.
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