Chapter Trans 400

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.

Trans 400.10 History 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 Trans 400.11 Distribution and review of environmental documents.

Trans 400.11(1) (1) SEE.

Trans 400.11(1)(a) (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.

Trans 400.11(1)(b) (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).

Trans 400.11(1)(c) (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.

Trans 400.11(2) (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.

Trans 400.11(3) (3) DEIS.

Trans 400.11(3)(a) (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:

Trans 400.11(3)(a)1. 1. The office of the governor.

Trans 400.11(3)(a)2. 2. Local, state and federal governmental agencies having special expertise, interest or jurisdiction.

Trans 400.11(3)(a)3. 3. Regional and county planning agencies within the area of the proposed action.

Trans 400.11(3)(a)4. 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.

Trans 400.11(3)(a)5. 5. Offices of the department located in the vicinity of the proposed action and at the department’s central office.

Trans 400.11(3)(a)6. 6. Public libraries:

Trans 400.11(3)(a)6.a. 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.

Trans 400.11(3)(a)6.b. b. For proposals having regional importance, public libraries with a geographic distribution which provides public access without undue travel.

Trans 400.11(3)(a)6.c. c. For proposals having statewide interest, public libraries providing reasonable access for members of the public who would be potentially affected by such proposals.

Trans 400.11(3)(b) (b) Notice of availability of DEIS. A notice of availability of the DEIS shall be published as provided in sub. (8).

Trans 400.11(4) (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.

Trans 400.11(5) (5) EA.

Trans 400.11(5)(a) (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.

Trans 400.11(5)(b) (b) Notice of availability of EA. A notice of availability of the EA shall be published as provided in sub. (8).

Trans 400.11(5)(c) (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.

Trans 400.11(6) (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.

Trans 400.11(7) (7) ER.

Trans 400.11(7)(a) (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.

Trans 400.11(7)(b) (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.

Trans 400.11(8) (8) Notice of availability.

Trans 400.11(8)(a) (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:

Trans 400.11(8)(a)1. 1. Briefly describe the proposed action.

Trans 400.11(8)(a)2. 2. Announce the completion and availability of the environmental document.

Trans 400.11(8)(a)3. 3. List the locations where the environmental document may be inspected.

Trans 400.11(8)(a)4. 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).

Trans 400.11(8)(b) (b) The comment period for specific environmental documents shall be as follows:

Trans 400.11(8)(b)1. 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.

Trans 400.11(8)(b)2. 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.

Trans 400.11(8)(b)3. 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.

Trans 400.11(8)(c) (c) A notice of availability shall be published for the following environmental documents:

Trans 400.11(8)(c)1. 1. SEE.

Trans 400.11(8)(c)2. 2. DEIS.

Trans 400.11(8)(c)3. 3. FEIS and ROD, or a combined FEIS/ROD.

Trans 400.11(8)(c)4. 4. EA.

Trans 400.11(8)(c)5. 5. ER, if the department determines that it will hold or afford the opportunity for a public hearing under s. Trans 400.12 (4) (b).

Trans 400.11(8)(d) (d) The notice of availability of the environmental document may be combined with other public notices required under this chapter.

Trans 400.11 History History: Cr. Register, April, 1992, No. 436, eff. 5-1-92; corrections in (1) (a), (5) (a), (7) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686; CR 16-069: renum. (1) (b) (intro.) to (1) (b) and am., r. (1) (b) 1. to 4., am. (2), renum. (3) (b) (intro.) to (3) (b) and am., r. (3) (b) 1. to 4., am. (4), (5) (a), renum. (5) (b) (intro.) to (5) (b) and am., r. (5) (b) 1. to 5., am. (5) (c), renum. (7) to (7) (a) and am., cr. (7) (b), (8) Register October 2019 No. 766, eff. 11-1-19.

Trans 400.12 Trans 400.12 Public hearings.

Trans 400.12(1) (1) Public hearing on SEE. The department shall hold a public hearing on a system plan and its SEE no sooner than 15 days after its notice of public hearing. The public hearing shall be held after announcement of the public hearing and the identity of the system plan and its SEE shall be referenced in the public hearing announcement.

Trans 400.12(2) (2) No public hearing on LEIS. As provided in s. 1.11 (2) (d), Stats., no public hearing is required on environmental impact statements on reports or recommendations on proposals for legislation.