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NR 150.05(2) (2)Participate on behalf of the department in inter-agency WEPA activities.
NR 150.05(3) (3)Act as contact for other state, federal and local agencies seeking assistance or opinions on environmental analysis matters.
NR 150.05(4) (4)Advise the department and the natural resources board on strategic natural resource issues or policies needing analysis under s. NR 150.10.
NR 150.05(5) (5)Prepare and submit to the chief clerk of each house of the legislature the department's annual WEPA report required by s. 1.11 (2) (j), Stats.
NR 150.05 History History: CR 13-022: cr. Register March 2014 No. 699, eff. 4-1-14.
NR 150.10 NR 150.10Strategic analysis.
NR 150.10(1)(1)Purpose. This section establishes the procedures to fulfill the requirements of s. 1.11 (2) (e) and (h), Stats.
NR 150.10(1m) (1m)Identification of issues.
NR 150.10(1m)(a) (a) Policies. The department shall conduct a strategic analysis for all new or revised policies if both of the following apply:
NR 150.10(1m)(a)1. 1. The policy involves unresolved conflicts concerning alternative uses of available resources.
NR 150.10(1m)(a)2. 2. The department has substantial discretion in formulating important provisions of the policy.
NR 150.10(1m)(c) (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:
NR 150.10(1m)(c)1. 1. A complicated or complex issue.
NR 150.10(1m)(c)2. 2. An issue that is new to the state.
NR 150.10(1m)(c)3. 3. An issue or policy that will likely lead to future department actions that will require an EIS.
NR 150.10(1m)(c)4. 4. Issues for which there is a high potential for legislation or new department policy.
NR 150.10(1m)(c)5. 5. Planning and development of controversial resource-oriented projects.
NR 150.10(1m)(c)6. 6. Any other issue or policy that involves unresolved conflicts concerning alternative uses of available resources.
NR 150.10(2) (2)Scoping.
NR 150.10(2)(a) (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.
NR 150.10(2)(b) (b) Consultation. The department may consult with and obtain the comments of any agency that has expertise with respect to any issue involved.
NR 150.10(2)(c) (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.
NR 150.10(3) (3)Analysis.
NR 150.10(3)(a) (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.
NR 150.10(3)(b) (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.
NR 150.10(3)(c) (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.
NR 150.10(3)(d) (d) Format. The document shall follow a format relevant to the scope of the analysis.
NR 150.10(3)(e) (e) Presentation. The analysis shall be written in plain language and should use appropriate graphics to aid decisionmakers and the public.
NR 150.10(4) (4)Public review.
NR 150.10(4)(a) (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:
NR 150.10(4)(a)1. 1. All local and regional units of government that may be affected by the issue or policy.
NR 150.10(4)(a)2. 2. Regional and statewide information outlets.
NR 150.10(4)(a)3. 3. Groups, clubs, committees, or individuals which have demonstrated an interest and have requested receipt of this type of information.
NR 150.10(4)(a)4. 4. All participants in the scoping process not covered in subds. 1 to 3.
NR 150.10(4)(b) (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.
NR 150.10(4)(c) (c) Public comment period.
NR 150.10(4)(c)1.1. 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.
NR 150.10(4)(c)2. 2. Unless otherwise provided by law, the department may grant reasonable requests from any person to extend the comment period for the analysis.
NR 150.10(4)(c)3. 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.
NR 150.10(4)(d) (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.
NR 150.10(4)(e) (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.
NR 150.10 History History: CR 13-022: cr. Register March 2014 No. 699, eff. 4-1-14; correction in numbering in (1), (1m), (2) made under s. 13.92 (4) (b) 1., Stats., (1), (2) (a) (title) added under s. 13.92 (4) (b) 2., Stats., corrections in (2) (a) made under s. 35.17, Stats., Register March 2014 No. 699; EmR1517: emerg. am. (1), (1m) (a), r. (1m) (b), am. (1m) (c) (intro.), (2) (a), eff. 6-10-15; CR 15-037: am. (1), (1m) (a), r. (1m) (b), am. (1m) (c) (intro.), (2) (a) Register December 2015 No. 720, eff. 1-1-16.
NR 150.20 NR 150.20Environmental analysis of department actions.
NR 150.20(1)(1)Purpose. This section establishes the procedures to fulfill the requirements of s. 1.11 (2) (c), Stats.
NR 150.20(1m) (1m)Minor actions. The following actions do not require environmental analysis under this chapter because they are minor actions:
NR 150.20(1m)(a) (a) A real estate action, including property boundary establishment or modification, purchase, sale, easement, lease, designation, redesignation, or dedication.
NR 150.20(1m)(b) (b) Development or construction of new department facilities that follows protocols.
NR 150.20(1m)(c) (c) Natural resource management, timber management, or environmental restoration that follows protocols.
NR 150.20(1m)(d) (d) The operation, repair, maintenance, removal, or in-kind replacement of existing department facilities that follows protocols.
NR 150.20(1m)(e) (e) A research action that does not involve species introductions or substantive manipulation of resources, or that does involve species introductions or substantive manipulation of resources but follows protocols for doing so.
NR 150.20(1m)(f) (f) A natural resource inventory or mapping action.
NR 150.20(1m)(g) (g) Issuance of a grant or other financial assistance action.
NR 150.20(1m)(ge) (ge) Educational activities.
NR 150.20(1m)(gm) (gm) Model ordinances developed to assist municipalities in the creation of ordinances.
NR 150.20(1m)(gs) (gs) Consultation offered to third parties.
NR 150.20(1m)(h) (h) Issuance of high capacity well approvals under s. 281.34 (2), Stats., except for wells under s. 281.34 (4), Stats.
NR 150.20(1m)(i) (i) Issuance of high capacity well approvals under s. 281.34 (4), Stats., that are exempted from environmental analysis requirements under s. NR 820.30 (2) and (3).
NR 150.20(1m)(j) (j) Reissuance, modification, revocation, and reissuance, or issuance of a routine or small-scale approval or action.
NR 150.20(1m)(jg) (jg) Routine variances from department rule requirements.
NR 150.20(1m)(jr) (jr) Denial, termination, revocation, or suspension of a grant, permit, license, approval, variance, land application site, or of any proposed activity.
NR 150.20(1m)(k) (k) A routine or small-scale approval or action, or an approval or action associated with a permit.
NR 150.20(1m)(L) (L) Confirmation of coverage under a general permit.
NR 150.20(1m)(m) (m) Promulgation of emergency administrative rules under ch. 227, Stats.
NR 150.20(1m)(n) (n) Any enforcement action.
NR 150.20(1m)(nm) (nm) Any emergency action that protects public health, safety, or welfare.
NR 150.20(1m)(o) (o) Issuance of a minor source construction permit under ch. NR 406 or an operation permit renewal or revision under ss. 285.60 and 285.62, Stats., for air emission sources.
NR 150.20(1m)(p) (p) Issuance of licenses for servicing septage and approvals of county programs to regulate the disposal of septage under s. 281.48, Stats.
NR 150.20(1m)(pe) (pe) Issuance of operator certifications under s. 281.17 (3), Stats., and licenses or registrations for well drillers and pump installers.
NR 150.20(1m)(pm) (pm) Approvals of geothermal heat exchange projects.
NR 150.20(1m)(ps) (ps) Approvals of additives to wastewater or cooling water.
NR 150.20(1m)(q) (q) Issuance of general permits established by administrative code under ch. 30, Stats.
NR 150.20(1m)(qm) (qm) Issuance of aquatic plant management permits under ch. NR 109.
NR 150.20(1m)(r) (r) Listing and delisting of an impaired water as defined in s. NR 151.002 (16m).
NR 150.20(1m)(s) (s) Review and approval of municipal ordinances or approval of changes to municipal floodplain or shoreland-wetland maps.
NR 150.20(1m)(sc) (sc) Temporary drawdowns of dams under s. 31.02, Stats.
NR 150.20(1m)(sg) (sg) Reconstruction and repairs of dams under ss. 31.12, 31.18, or 31.185, Stats.
NR 150.20(1m)(sL) (sL) Transfer of dam ownership under s. 31.14, Stats.
NR 150.20(1m)(sp) (sp) Dam inspections under s. 31.19, Stats.
NR 150.20(1m)(st) (st) Plan approvals for dams under s. 31.33, Stats., and approvals of emergency action plans, inspection plans, operation and maintenance plans, dam failure analysis plans, or stability analysis plans under ch. NR 333.
NR 150.20(1m)(sx) (sx) Review and approval of hydrologic and hydraulic studies for floodplain mapping under s. NR 116.07.
NR 150.20(1m)(t) (t) Approval of construction plans and specifications under s. 281.41, Stats., for municipal and industrial pretreatment wastewater facilities, public water systems, and CAFO reviewable structures.
NR 150.20(1m)(u) (u) Decisions related to evaluations of existing reviewable facilities and systems for concentrated animal feeding operations under ch. NR 243.
NR 150.20 Note Note: This subsection does not include the concentrated animal feeding operations permit actions identified as integrated analysis actions pursuant to s. NR 150.20(2) (a) 3w.
NR 150.20(1m)(ug) (ug) Approvals of land application or nutrient management plans or modifications to the plans.
NR 150.20(1m)(ur) (ur) Approvals of land application sites.
NR 150.20(1m)(v) (v) Issuance of natural heritage inventory permits, approvals, or licenses under ch. NR 29 except for permits issued under s. 29.604 (6m), Stats.
NR 150.20(1m)(w) (w) Issuance of an order or any action relating to the forest croplands or managed forest land programs under subch. I or VI of ch. 77, Stats.
NR 150.20(2) (2)Integrated analysis actions.
NR 150.20(2)(a)(a) The following actions do not require a separate environmental analysis process under this chapter because they are integrated analysis actions:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.