Chapter Trans 400

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.