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In extreme situations, such as the 2019 southern Wisconsin flood emergency, the department consults with local jurisdictions as needed if authority for transportation will necessarily impact both state and local routes. Using the department as a single permitting authority assists local jurisdictions already reeling with the demands of responding to the natural disaster from dealing with a variety of requests for emergency permits to provide emergency transportation to their jurisdiction. The department undertakes this role only in emergencies and after extensive consultation with local governments for their direction; the state does not have sufficient information about local streets and highways, their composition, structures, traffic, and other data, nor the staff, necessary to administer local government permitting on a regular basis.
This alternative would require fewer trucks and trips, which would increase fuel efficiency. Heavier weight vehicles do cause more damage to the highway infrastructure, but the department proposes to limit damage by limiting the duration of emergency permits, performing engineering analyses for each permit request, and requiring vehicle configurations and weight limits as appropriate.
Other Alternatives Considered (in none, include N/A): N/A
Preferred Alternative:
Proposed Rule. Waive the divisible load requirement when necessary, with limitations, during a declared emergency.
II. Categorical Exclusion Definition
Check all boxes that apply to the proposed Administrative Rule. If you are unable to check a box in this section, you cannot use this document and must prepare an EA or EIS.
Trans 400.08(1)(c) Categorical exclusions (CEs) actions are categorically excluded from the requirement to prepare environmental documentation because, based on past experience with similar actions, they do not involve significant environmental impacts. They are actions which:
Do not induce significant impacts to planned growth or land use for the area
Do not require the relocation of significant numbers of people
Do not have a significant impact on any natural, cultural, recreational, historic or other resource
Do not involve significant air, noise, or water quality impacts
Do not have significant impacts on travel patterns
Do not otherwise, either individually or cumulatively, have any significant environmental impacts
III. Comments and Testimony Related to Environmental Impacts of the Proposed Administrative Rule Provided During the Administrative Rule Availability Period and Administrative Rule Hearing
Provide a brief description of comments and testimony related to environmental impacts of the proposed Administrative Rule. Describe any concerns expressed, how those concerns were resolved and how any unresolved concerns will be resolved. Attach documentation provided by those providing comment or testimony as applicable:
Will be completed following the availability period and hearing.
IV. Environmental Resources Matrix (check all that apply)
Resource
Adverse Impact
Beneficial Impact
No Impacts Identified
If impacts related to the proposed Administrative Rule action are identified, include a discussion for the specific resources. If supporting documentation is required, include documentation as an attachment. If no impacts are identified, include N/A.
Business and Economic
The proposed rule will potentially impact all trucking businesses involved in providing emergency relief. Allowing increased weights will result in fewer trips, lower labor costs, lower fuel costs, and less depreciation to equipment. The department anticipates these businesses would see some positive economic impact.
Community
It is anticipated the proposed rule will have minimal economic impact to the department and taxpayers
Aesthetics
N/A
Agriculture
The proposed rule will potentially impact all trucking businesses involved in providing emergency relief. Allowing increased weights will result in fewer trips, lower labor costs, lower fuel costs, and less depreciation to equipment. The department anticipates these businesses would see some positive economic impact.
Real Estate and/or Relocations
N/A
Indirect Impacts
Indirect impacts are defined as impacts caused by the action which occur later in time or farther removed in distance, but are still reasonably foreseeable. The proposed rule action should result in no changes to land use or land use planning. The economic impact to business will be positive, but not substantial. While allowing heavier than legal weight loads to be transported does reduce the life expectancy of the infrastructure, overall, the department would balance the heavier loads with appropriate axle configurations to more evenly distribute the weight and help protect the infrastructure. In addition, the limited duration of the emergency permits would also help minimize the infrastructure impact costs. It has therefore been determined that the proposed rule action will cause no impacts which are later in time or farther removed in distance which are reasonably foreseeable.
Cumulative Impacts
Cumulative impacts are defined as the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. For an action to have a cumulative impact, the action must have a direct or indirect impact on the resource being considered. Since it has been determined the proposed rule action will not have substantial direct or indirect impacts on resources, it is therefore determined the proposed rule action will cause no substantial cumulative impacts when added to other past, present, and reasonably foreseeable future actions.
Environmental Justice
N/A
Historic Properties
N/A
Burial Sites
N/A
.
Tribal
N/A
Wetlands
N/A
Surface Water Resources
N/A
Groundwater, Wells, and Springs
N/A
Coastal Zones
N/A
Floodplains
N/A
Unique Wildlife and Habitat
N/A
Threatened, Endangered and Protected Resources
N/A
Air Quality
N/A
Noise
N/A
Hazardous Substances, Contamination and Asbestos
N/A
Stormwater
N/A
Erosion and Sediment Control
N/A
V. Documentation Attachment Table of Contents
List additional supporting documentation or agency correspondence used in this CE determination related to environmental impacts of the proposed Administrative Rule included as attachment(s):
N/A, at this time
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.