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.