Wisconsin Legislature: Trans 400.10(4)(a)2.

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.

History: Cr. Register, April, 1992, No. 436, eff. 5-1-92; am. (2) (intro.), Register, February, 1999, No. 518, eff. 3-1-99; CR 16-069: r. and recr. (3) (c), renum. (4) (a) 1. to (4) (a) 1r. and am., cr. (4) (a) 1g., am. (4) (a) 5., (5) (intro.) Register October 2019 No. 766, eff. 11-1-19.

Trans 400.11 Distribution and review of environmental documents.

(1) SEE.

(a) Public availability of SEE. When required, a SEE shall be prepared as an integral element of system plans. The system plan and SEE shall be made available for public inspection at the department’s central office, appropriate department region offices, and depository libraries.

(b) Notice of availability of a SEE. A notice of availability of a system plan and its SEE shall be published as provided in sub. (8).

(c) Public hearing. A public hearing on a system plan and its SEE shall be held by the department, except there is no requirement for a two-step, draft and final SEE because the planning process contemplates that if the plan recommendations are implemented, there will be subsequent project or site-specific environmental reviews.

(2) LEIS. In the case of a departmental report or recommendation on a department-initiated proposal for legislation that contains major and significant new proposals that are not within the scope of any categorical exclusion, the department shall prepare a LEIS substantially following the guidelines of the United States council on environmental quality in 40 CFR 1506.8. This includes transmission of the LEIS to the legislature concurrent with or within 30 days after the legislative proposal is submitted to the legislature, provided that the LEIS must be available in time for legislative hearings and deliberations, and 5 days in advance. There is no scoping requirement and the statement shall be prepared in the same manner as a DEIS, but shall be considered the detailed statement required by s. 1.11 (2) (c), Stats. Any comments on the LEIS shall be given to the department which shall forward them along with its own responses to the legislative committees with jurisdiction.

(3) DEIS.

(a) Printing and distribution of DEIS. Printing of the DEIS shall be the responsibility of the preparer. Sufficient quantities of the DEIS shall be printed to meet distribution requirements. The DEIS shall be distributed to the following:

1. The office of the governor.

2. Local, state and federal governmental agencies having special expertise, interest or jurisdiction.

3. Regional and county planning agencies within the area of the proposed action.

4. Public officials, interest groups and members of the public having the potential to be directly affected by the proposed action and requesting a copy of the DEIS. A charge may be assessed to cover reproduction and handling costs.

5. Offices of the department located in the vicinity of the proposed action and at the department’s central office.

6. Public libraries:

a. For proposals having local importance, the nearest public library. In addition, a request shall be made to an appropriate public official to make the document available in a public place.

b. For proposals having regional importance, public libraries with a geographic distribution which provides public access without undue travel.

c. For proposals having statewide interest, public libraries providing reasonable access for members of the public who would be potentially affected by such proposals.

(b) Notice of availability of DEIS. A notice of availability of the DEIS shall be published as provided in sub. (8).

(4) Combined FEIS/ROD. The combined FEIS/ROD shall be printed and distributed, and a notice of availability of the combined FEIS/ROD shall be published, in the same manner as provided for a DEIS under sub. (3). If separate FEIS and ROD documents are necessary under s. Trans 400.13 (1) (am), the decision to proceed with the proposed action and to sign the ROD shall not be made sooner than 30 days after the date of publication of the notice of availability of the FEIS or 90 days after the date of publication of the notice of availability of the DEIS.

(5) EA.

(a) Public availability of EA. The EA shall be made available for public inspection at the department’s central office, the appropriate department region office, public libraries as identified under sub. (3) (a) 6., and the office of the local unit of government having requested the proposed action. A charge may be assessed to cover reproduction and handling costs for requested copies of the EA or portions thereof.

(b) Notice of availability of EA. A notice of availability of the EA shall be published as provided in sub. (8).

(c) Notice of opportunity to request a public hearing on EA. If the department affords the opportunity for a public hearing on an EA under s. Trans 400.12 (4) (a), a notice of opportunity to request a public hearing shall be published when the EA is completed and made available for inspection as provided for under par. (a). Publication of the notice shall be in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. Publication shall also be in the official state newspaper if the proposed action is of statewide interest. The notice shall invite submission of requests for a public hearing on the EA within 30 days after the date of publication of the notice. The notice shall include a description of the procedure for requesting a public hearing.

(6) FONSI. The FONSI shall be made available by the department to participating local units of government and to the public upon request. A notice of availability shall not be required for a FONSI. A charge may be assessed to cover reproduction and handling costs for requested copies of the FONSI or portions thereof.

(7) ER.

(a) The ER shall upon request be made available for inspection at the department’s central office, the appropriate department region office, and the office of the local unit of government having requested the proposed action. Subject to par. (b), a notice of availability shall not be required for an ER. A charge may be assessed to cover reproduction and handling costs for requested copies of the ER.

(b) If the department determines to hold, or afford the opportunity for, a public hearing on an ER action under s. Trans 400.12 (4) (b), the department shall make the ER publicly available and provide notice of public availability under sub. (5) as if the ER were an EA.

(8) Notice of availability.

(a) When an environmental document listed under par. (c) is made available to the public by the department, a notice of availability shall be published in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, the notice shall also be published in the official state newspaper. The notice shall include all of the following:

1. Briefly describe the proposed action.

2. Announce the completion and availability of the environmental document.

3. List the locations where the environmental document may be inspected.

4. Except in the case of a ROD or a combined FEIS/ROD document, invite the public to furnish written comments on the proposed action; indicate where comments are to be sent; and indicate the date that such comments must be submitted to the department as determined under par. (b).

(b) The comment period for specific environmental documents shall be as follows:

1. For a DEIS, the comment period may not be less, nor without cause longer than, 45 days after the date of the publication of the notice of availability.

2. If the department determines a separate FEIS and ROD are necessary under s. Trans 400.13 (1) (am), the comment period for the FEIS may not be less, nor without cause longer than, 30 days after the date of publication of the notice of availability.

3. For an EA, and for an ER if the department determines it will hold or afford the opportunity for a public hearing under s. Trans 400.12 (4) (b), the comment period may not be less, nor without cause longer than, 30 days after the date of publication of the notice of availability.

1. SEE.

2. DEIS.

3. FEIS and ROD, or a combined FEIS/ROD.