Wisconsin Legislature: Trans 400.10(1)(b)

(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.

(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.

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

(j) Reports or recommendations on revenue proposals.

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

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

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

(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.

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 Scoping.

(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.

(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:

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

(b) A brief description of the proposed action.

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

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

(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.

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

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

(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.

(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.

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

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

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 Preparation and content of environmental documents.

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

(a) The department.

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

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

(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:

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

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

(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.

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

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

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

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

(3) DEIS and FEIS content.

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

1. A summary which describes the proposed action and discusses the major environmental issues and controversies associated with the proposal.

2. A statement of purpose and need for the proposed action.

3. A discussion of the proposed action. The discussion shall:

a. Evaluate alternatives.

b. Specify the reasons for eliminating any of the alternatives from further consideration.

c. Address each reasonable alternative being considered in detail, so that their relative merits and liabilities can be compared.

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:

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.

b. The required agency coordination, public involvement and permits or authorizations.

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.

5. A discussion of the environmental consequences. The discussion shall include the following:

a. The environmental impacts of the alternatives.

b. The adverse environmental effects, if any, which cannot be avoided should the proposed action be implemented.

c. The relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity.

d. The significant irreversible or irretrievable commitments of resources, if any, which would be involved should the proposed action be implemented.

e. The beneficial aspects of the proposed action, both short and long term.

f. The economic advantages and disadvantages of the proposed action.

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.

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.

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

1. Identification of the preferred alternative if one was not included in the DEIS.

2. A discussion of substantive comments received on the DEIS and responses thereto, including the identification of efforts to resolve the issue.

3. A summary of public involvement.

4. A description of mitigation measures that are to be incorporated into the proposed action.

(4) EA and FONSI content.

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

1g. The content requirements for an ER under sub. (5).

1r. Stimulation of indirect environmental effects.

2. Creation of a new environmental effect.

3. Impacts on geographically scarce resources.

4. Precedent-setting nature of the proposed action.

5. The degree of controversy on environmental grounds associated with the proposed action.

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.

7. Cumulative environmental impacts of repeated actions of the type proposed.

8. Foreclosure of future options.

9. Direct or indirect impacts on ethnic or cultural groups.

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

1. A specific finding that the proposed action is not a major action.

2. Documentation showing permit or coordinating agency approval when the FONSI serves as the vehicle for such approval.

(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:

(a) A description of the proposed action.

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

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

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

(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.