Chapter Trans 400

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.

Trans 400.12(3) (3) Public hearing on DEIS.

Trans 400.12(3)(a) (a) Whenever a proposed action requires an EIS, the department shall hold a public hearing on the DEIS no sooner than 15 days after its notice of availability is published. The hearing shall be held prior to the selection of the final course of action for the proposal, or the department may present a preferred alternative.

Trans 400.12(3)(b) (b) A notice of public hearing shall be published, at least 15 days prior to the hearing, 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, such notice shall also be published in the official state newspaper and any other newspapers as appropriate to obtain comprehensive coverage. Copies of the notice shall be mailed to appropriate local, state and federal agencies and to others having an interest in the proceedings of the proposed action. The notice of public hearing shall include:

Trans 400.12(3)(b)1. 1. Identification of the DEIS.

Trans 400.12(3)(b)2. 2. Date, time and place of the hearing.

Trans 400.12(3)(b)3. 3. A brief description of the proposed action.

Trans 400.12(3)(b)4. 4. A brief description of the scope and purpose of the hearing.

Trans 400.12(3)(b)5. 5. The address to which questions may be sent prior to the hearing and locations where additional information may be obtained.

Trans 400.12(3)(b)6. 6. Provision for submitting written statements in place of, or in addition to, testimony presented at the public hearing.

Trans 400.12(3)(b)7. 7. The locations where the DEIS may be obtained or reviewed.

Trans 400.12(3)(c) (c) The public hearing may be combined with other hearings and notices of hearings required for departmental actions, provided the requirements under pars. (a) and (b) are met.

Trans 400.12(4) (4) Public hearing, or opportunity for public hearing, on EA or ER.

Trans 400.12(4)(a) (a) Unless EA procedures indicate the action is an EIS action, the department shall hold, or afford the opportunity for, a public hearing on an EA action prior to the issuance of a FONSI. A public hearing on an EA may be held by the department at the department’s discretion and shall be held if a request for such a hearing is received by the department within the time specified in the notice of opportunity to request a public hearing under s. Trans 400.11 (5) (c). Whenever the department holds a public hearing or approves a timely request for a public hearing under this subsection, the department shall proceed in the same manner as provided for a public hearing on a DEIS under sub. (3), except that the public hearing shall be held no sooner than 15 days after publication of the public hearing notice and the identity of the EA or ER shall be referenced in the public hearing notice.

Trans 400.12(4)(b) (b) The department may determine to hold a public hearing or afford the opportunity for a public hearing for ER actions. If the department determines to afford the opportunity for a public hearing for an ER action, the department shall follow EA procedures under par. (a).

Trans 400.12 History History: Cr. Register, April, 1992, No. 436, eff. 5-1-92; CR 16-069: am. (3) (a), (4) (title), renum. (4) to (4) (a) and am., cr. (4) (b) Register October 2019 No. 766, eff. 11-1-19.

Trans 400.13 Trans 400.13 Decision on proposed action.

Trans 400.13(1) (1) FEIS; record of decision.

Trans 400.13(1)(am) (am) The department shall develop a single document that consists of a combined FEIS/ROD, unless any of the following applies:

Trans 400.13(1)(am)1. 1. The FEIS makes substantial changes to the proposed action that are relevant to environmental or safety concerns.

Trans 400.13(1)(am)2. 2. There are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.

Trans 400.13(1)(b) (b) The record of decision, whether issued in combination with an FEIS or separately, shall contain the following information:

Trans 400.13(1)(b)1. 1. A statement of the decision.

Trans 400.13(1)(b)2. 2. Identification of all alternatives considered by the department in reaching its decision, specifying which one is considered environmentally preferable.

Trans 400.13(1)(b)3. 3. A statement indicating that all practicable means to avoid or mitigate environmental harm have been adopted, and if not so adopted, a statement specifying the reasons for not adopting all such means.

Trans 400.13(2) (2) EA; finding of no significant impact.

Trans 400.13(2)(a) (a) The decision to revise an EA to constitute a FONSI shall not be made until after the end of the comment period specified in the notice of availability of the EA provided for under s. Trans 400.11 (8).

Trans 400.13(2)(b) (b) If potentially significant impacts have not been identified, the department shall revise the EA as appropriate and shall attach a summary of the public hearing, if a hearing was held, and a summary of any comments received and responses thereto. These items, along with a statement of no significant impact, shall constitute the FONSI and the record of decision.

Trans 400.13(2)(c) (c) If, at any point in the EA process, the department determines that the proposed action may have a significant impact on the quality of the human environment, an EIS shall be prepared.

Trans 400.13(3) (3) ER.

Trans 400.13(3)(a) (a) Unless the department determines to hold, or affords the opportunity for, a public hearing under s. Trans 400.12 (4) (b), an approved ER document constitutes the department’s final decision on a proposed action.

Trans 400.13(3)(b) (b) When the department holds, or affords the opportunity for, a public hearing on an ER, the decision to revise an ER to constitute a final decision on a proposed action shall not be made until after the end of the comment period specified in the notice of availability of the ER provided for under s. Trans 400.11 (8).

Trans 400.13(3)(c) (c) If potentially significant impacts have not been identified during the ER availability period, the department shall revise the ER as appropriate and shall attach a summary of the public hearing, if a hearing was held, and a summary of any comments received and responses thereto. These items, along with a statement of no significant impact, shall constitute the final action determination document and the record of decision.

Trans 400.13(3)(d) (d) If, at any point in the ER process, the department determines that the proposed action may have a significant impact on the quality of the human environment, an EIS shall be prepared before proceeding with the proposed action.

Trans 400.13 History History: Cr. Register, April, 1992, No. 436, eff. 5-1-92; CR 16-069: r. (1) (a), cr. (1) (am), am. (1) (b) (intro.), (2) (a), cr. (3) Register October 2019 No. 766, eff. 11-1-19.

Trans 400.14 Trans 400.14 DEIS and FEIS reevaluation and supplement.

Trans 400.14(1) (1) DEIS.

Trans 400.14(1)(a) (a) A reevaluation of a DEIS shall be prepared if 3 years have elapsed before the date of publication of the notice of availability of the FEIS or combined FEIS/ROD provided for under s. Trans 400.11 (4). A reevaluation of a DEIS shall also be prepared any time prior to the date of publication of the notice of availability of the FEIS or combined FEIS/ROD if, in the judgment of the department, there have been significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or the proposed mitigation measures. If in either case the reevaluation indicates or confirms any such significant changes, a new environmental document or supplemental DEIS shall be prepared prior to proceeding with the proposed action. The supplemental DEIS shall be prepared and processed in the same manner as a DEIS under this chapter. Preparation of the supplemental DEIS shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.

Trans 400.14(1)(b) (b) An EA may be used to assess the need to prepare a supplemental DEIS if it is uncertain that significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or proposed mitigation measures will result in significant environmental impacts which could not be identified from preparing a reevaluation of the DEIS. The EA shall be prepared and processed in accordance with the requirements of this chapter. Preparation of the EA shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.

Trans 400.14(2) (2) FEIS.

Trans 400.14(2)(a) (a) A reevaluation of a FEIS shall be prepared any time there have been, in the judgment of the department, significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or the proposed mitigation measures. If the reevaluation confirms any such significant changes, a new environmental document or supplemental FEIS shall be prepared prior to proceeding with the proposed action. The supplemental FEIS shall be prepared and processed in the same manner as a FEIS under this chapter. Preparation of the supplemental FEIS shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.

Trans 400.14(2)(b) (b) An EA may be used to assess the need to prepare a supplemental FEIS if it is uncertain that significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or proposed mitigation measures will result in significant environmental impacts which could not be identified from preparing a reevaluation of the FEIS. The EA shall be prepared and processed in accordance with the requirements of this chapter. Preparation of the EA shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.

Trans 400.14(3) (3) Revision of final action document.

Trans 400.14(3)(a) (a) The department may revise a final action document, including a ROD, FONSI, ER, or CE, in order to do any of the following:

Trans 400.14(3)(a)1. 1. Select a different alternative, if the new selected alternative is fully evaluated in the FEIS, EA, ER, or CE to the same degree as the originally selected alternative.

Trans 400.14(3)(a)2. 2. Make substantial changes to mitigation measures or findings discussed in the final agency action.

Trans 400.14(3)(b) (b) If the department revises a final action document under par. (a), those agencies that reviewed the FEIS, EA, ER, or CE shall be given an opportunity to review and comment on the revised final action document. To the extent practicable, the approved revised final action document shall be provided to all persons, organizations, and agencies that received the FEIS, EA, ER, or CE.

Trans 400.14 History History: Cr. Register, April, 1992, No. 436, eff. 5-1-92; CR 16-069: am. (1) (a), (2) (a), cr. (3) Register October 2019 No. 766, eff. 11-1-19.