Chapter Trans 400

Trans 400.08(2)(g) (g) Proposals for enabling or conforming legislation that are required to be enacted to comply with federal law or federal standards as the department is authorized by ss. 20.395 (9) (qx), 84.01 (15), 84.015 and 84.03 (1), Stats., as a matter of federal preemption, but only to the extent so required and no further.

Trans 400.08(2)(h) (h) Reports or recommendation on proposals for legislation for which the department has performed or caused to be performed a SEE as an integral part of system plans.

Trans 400.08(2)(i) (i) Budget requests associated with implementation of a system plan for which a SEE has been completed.

Trans 400.08(2)(j) (j) Reports or recommendations on revenue proposals.

Trans 400.08(2)(k) (k) Expenditure or appropriation requests involving only an existing department program, except requests that constitute major and significant new proposals.

Trans 400.08(2)(L) (L) Reports or recommendations on proposals for legislation that have not been initiated by or sponsored by the department.

Trans 400.08(2)(m) (m) Budgetary proposals submitted in response to a request by the governor, the legislature, legislative committees, or individual legislators.

Trans 400.08(2)(n) (n) Reports or recommendations on proposals for legislation that relate to the level of transportation aids payments to local units of government, including mass transit aids.

Trans 400.08 History History: Cr. Register, April, 1992, No. 436, eff. 5-1-92; r. and recr. (1), am. (2) (intro.) and (a), Register, February, 1999, No. 518, eff. 3-1-99; CR 16-069: am. (1) (a) (intro.), 1. c., 2. a., b., (b) (intro.), r. and recr. (1) (b) 1., 2., am. (1) (b) 3., cr. (1) (b) 5. (intro.), renum. (1) (c) (intro.) to (1) (d) (intro.) and am., r. and recr. (1) (c) 1., 2., renum. (1) (c) 3., 4. to (1) (d) 3., 4. and am. 3., renum. (1) (d) (intro.) to (1) (c) (intro.) and am., r. and recr. (1) (d) 1., 2., renum. (1) (d) 3., 4. to (1) (c) 3., 4. and am. 3., am. (2) (a), (f) Register October 2019 No. 766, eff. 11-1-19; correction in (1) (c) 4. a. made under s. 35.17, Stats., Register October 2019 No. 766.

Trans 400.09 Trans 400.09 Scoping.

Trans 400.09(1) (1) As part of system plan development process, the department may perform SEE scoping. This scoping is to identify the issues to be addressed, alternatives to be analyzed, and the affected public or agencies involved in the system plan development. No scoping is required for reports or recommendations on proposals for legislation, LEIS’s, or ER or CE actions.

Trans 400.09(2) (2) For actions requiring an EIS or EA procedures, the department shall determine by means of scoping, insofar as possible at the time that a proposed action is approved for planning, development or implementation, the probable action designation, environmental review and agency coordination that will be required. If a decision to prepare an EIS is made, the department shall inform the public and affected agencies by publishing a notice of intent in the Wisconsin administrative register and a local newspaper of general circulation. The notice of intent shall include:

Trans 400.09(2)(a) (a) A statement that an EIS will be prepared.

Trans 400.09(2)(b) (b) A brief description of the proposed action.

Trans 400.09(2)(c) (c) A preliminary list of possible alternatives.

Trans 400.09(2)(d) (d) A brief discussion of the proposed scoping process.

Trans 400.09(2)(e) (e) Names and addresses of the contact persons at the federal and state review agencies.

Trans 400.09(3) (3) The scoping process shall include, to the extent feasible, affected local, state and federal agencies, any affected American Indian tribes, and other interested persons. The scoping process may consist of meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.

Trans 400.09(4) (4) The department shall use the scoping process to accomplish the following:

Trans 400.09(4)(a) (a) Determine the scope of issues to be analyzed in depth in the environmental document.

Trans 400.09(4)(b) (b) Identify and eliminate from detailed study and further consideration alternatives which are unreasonable and issues which are not significant or which have been covered and documented by prior environmental review related to the proposed action.

Trans 400.09(4)(c) (c) Establish a schedule for document preparation and for opportunities for public involvement.

Trans 400.09(4)(d) (d) Determine, when the department is involved in the development of proposals with other state agencies, which agencies may be joint lead agencies or whether one agency should be designated the lead agency.

Trans 400.09(4)(e) (e) Ensure the required involvement of any cooperating and participating agencies.

Trans 400.09(4)(f) (f) Determine whether tiering shall be used to improve or simplify the environmental processing of complex actions.

Trans 400.09 History History: Cr. Register, April, 1992, No. 436, eff. 5-1-92; am. (1) and (2) (intro.), Register, February, 1999, No. 518, eff. 3-1-99; CR 16-069: am. (4) (e) Register October 2019 No. 766, eff. 11-1-19.

Trans 400.10 Trans 400.10 Preparation and content of environmental documents.

Trans 400.10(1) (1) Preparation. The environmental documents shall be prepared by one of the following:

Trans 400.10(1)(a) (a) The department.

Trans 400.10(1)(b) (b) Local units of government under the direction of the department and with final review and approval responsibility by the department.

Trans 400.10(1)(c) (c) A consultant under the direction of the department and with final review and approval responsibility by the department.

Trans 400.10(2) (2) See content. While the general issues to be addressed by a SEE are similar to those in the individual project evaluations, it is recognized that , in most cases the analysis of transportation alternatives, including multi-modal analyses where appropriate, will be qualitative, reflecting the broad level of generality of system plans. Therefore, by necessity, a SEE shall be more conceptual, qualitative, and general than is common with the individual project environmental reviews. A SEE, prepared as an integral part of a system plan, may address the following matters:

Trans 400.10(2)(a) (a) The range of environmental effects, including the effects on sensitive land and water resources, of system plans.

Trans 400.10(2)(b) (b) In non-attainment areas, the range of air quality impacts which might be expected from system plan recommendations.

Trans 400.10(2)(c) (c) The range of system plan effects on energy consumption.

Trans 400.10(2)(d) (d) The relation of system plans to adopted regional development goals and plans, including potential effects of transportation on land use and land use on transportation demand.

Trans 400.10(2)(e) (e) The range of anticipated effects of system plans on traffic congestion.

Trans 400.10(2)(f) (f) The range of anticipated effects of system plans on economic development.

Trans 400.10(2)(g) (g) The qualitative comparison of the costs of system plans and expected benefits.

Trans 400.10(2)(h) (h) The range of effects of system plans on communities.

Trans 400.10(3) (3) DEIS and FEIS content.

Trans 400.10(3)(a) (a) The DEIS and FEIS shall be consistent with applicable laws, orders and policies, and shall include all of the following:

Trans 400.10(3)(a)1. 1. A summary which describes the proposed action and discusses the major environmental issues and controversies associated with the proposal.

Trans 400.10(3)(a)2. 2. A statement of purpose and need for the proposed action.

Trans 400.10(3)(a)3. 3. A discussion of the proposed action. The discussion shall:

Trans 400.10(3)(a)3.a. a. Evaluate alternatives.

Trans 400.10(3)(a)3.b. b. Specify the reasons for eliminating any of the alternatives from further consideration.

Trans 400.10(3)(a)3.c. c. Address each reasonable alternative being considered in detail, so that their relative merits and liabilities can be compared.

Trans 400.10(3)(a)4. 4. A brief description of the human environment of the area or areas that may be affected by each of the alternatives under consideration. The amount of detail of such description shall be commensurate with the significance of the potential environmental impacts, but shall at a minimum identify and describe:

Trans 400.10(3)(a)4.a. a. The existing quality of the human environment, including the economy, land use, demographics and projections of the population, traffic, natural and physical characteristics and their use, energy consumption, historic and archeological sites, and recreational facilities.

Trans 400.10(3)(a)4.b. b. The required agency coordination, public involvement and permits or authorizations.

Trans 400.10(3)(a)4.c. c. The relationship of the proposed action to adopted or proposed land use plans, policies, controls, and goals and objectives of affected communities, including potential effects of transportation on land use and land use on transportation demand.

Trans 400.10(3)(a)5. 5. A discussion of the environmental consequences. The discussion shall include the following:

Trans 400.10(3)(a)5.a. a. The environmental impacts of the alternatives.

Trans 400.10(3)(a)5.b. b. The adverse environmental effects, if any, which cannot be avoided should the proposed action be implemented.

Trans 400.10(3)(a)5.c. c. The relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity.

Trans 400.10(3)(a)5.d. d. The significant irreversible or irretrievable commitments of resources, if any, which would be involved should the proposed action be implemented.

Trans 400.10(3)(a)5.e. e. The beneficial aspects of the proposed action, both short and long term.

Trans 400.10(3)(a)5.f. f. The economic advantages and disadvantages of the proposed action.

Trans 400.10(3)(a)6. 6. A discussion of the measures being considered to minimize the harm or enhance the beneficial environmental effects of the proposed action. The discussion may include alternative designs or construction methods, alternative management actions, or other alternatives such as replacement, restoration or compensation.

Trans 400.10(3)(a)7. 7. The names and qualifications of the persons primarily responsible for preparing the document or significant supporting background papers, including basic components of the DEIS and FEIS.

Trans 400.10(3)(b) (b) In addition to the contents required under par. (a), the DEIS shall also include the identification of the preferred alternative, if any.

Trans 400.10(3)(c) (c) In addition to the contents required under par. (a), the FEIS shall also include the following:

Trans 400.10(3)(c)1. 1. Identification of the preferred alternative if one was not included in the DEIS.

Trans 400.10(3)(c)2. 2. A discussion of substantive comments received on the DEIS and responses thereto, including the identification of efforts to resolve the issue.

Trans 400.10(3)(c)3. 3. A summary of public involvement.

Trans 400.10(3)(c)4. 4. A description of mitigation measures that are to be incorporated into the proposed action.

Trans 400.10(4) (4) EA and FONSI content.

Trans 400.10(4)(a) (a) The EA and FONSI may be completed on screening sheets developed by the department, and shall include all of the following:

Trans 400.10(4)(a)1g. 1g. The content requirements for an ER under sub. (5).

Trans 400.10(4)(a)1r. 1r. Stimulation of indirect environmental effects.

Trans 400.10(4)(a)2. 2. Creation of a new environmental effect.

Trans 400.10(4)(a)3. 3. Impacts on geographically scarce resources.

Trans 400.10(4)(a)4. 4. Precedent-setting nature of the proposed action.

Trans 400.10(4)(a)5. 5. The degree of controversy on environmental grounds associated with the proposed action.

Trans 400.10(4)(a)6. 6. Conflicts with official agency plans or local, state, or national policies, including conflicts resulting from potential effects of transportation on land use and land use on transportation demand.

Trans 400.10(4)(a)7. 7. Cumulative environmental impacts of repeated actions of the type proposed.

Trans 400.10(4)(a)8. 8. Foreclosure of future options.

Trans 400.10(4)(a)9. 9. Direct or indirect impacts on ethnic or cultural groups.

Trans 400.10(4)(b) (b) In addition to the contents required under par. (a), the FONSI shall also include the following:

Trans 400.10(4)(b)1. 1. A specific finding that the proposed action is not a major action.

Trans 400.10(4)(b)2. 2. Documentation showing permit or coordinating agency approval when the FONSI serves as the vehicle for such approval.

Trans 400.10(5) (5) ER And CE Content. The ER and CE may be completed on screening sheets developed by the department. The ER and CE shall reflect compliance with the applicable laws and regulations of other agencies, and shall include all of the following:

Trans 400.10(5)(a) (a) A description of the proposed action.

Trans 400.10(5)(b) (b) The purpose and need of the proposed action.

Trans 400.10(5)(c) (c) A brief description of the preferred alternative and the other alternatives under consideration.

Trans 400.10(5)(d) (d) The reasons for eliminating any of the alternatives from further consideration.

Trans 400.10(5)(e) (e) A summary of the status and results of agency coordination and public involvement.

Trans 400.10(5)(f) (f) A brief summarization of environmental, social and economic issues relevant to the proposed action including the use of prescribed construction-related methods or special contract provisions or land acquisitions that would be used to ensure that no significant adverse environmental effects or controversies developed.