Trans 400.07(2)(a)2.2. A legislative environmental impact, or LEIS, may be prepared when a major and significant new proposal consists of a report or recommendation of the department on a proposal for legislation initiated by the department that is not within the scope of any categorical exclusion.

Trans 400.07(2)(b)(b) EA, SEE or screening sheet. An EA is a procedure followed for an action for which the significance of the environmental impact is not clearly established. An EA, SEE or screening sheet may be used as follows:

Trans 400.07(2)(b)1.1. An EA shall be prepared for those project actions for which the significance of the environmental impact is not clearly established. If it is concluded from the analysis in the EA that the action is a major action, an EIS shall be prepared. If it is concluded from the analysis in the EA that the action is not a major action, the EA shall be revised to constitute a FONSI, and the FONSI shall serve as the environmental document. The FONSI shall be prepared only after

availability of the EA for public, and cooperating and participating agency, review and comment and the incorporation of any appropriate revisions resulting from the public involvement process. Where a permit will be required or other agency coordination is specifically required by law, the FONSI may serve as the vehicle for such permit or coordinating agency approval.

Trans 400.07(2)(b)2.2. A SEE may be prepared in the case of proposals contained in system plans, if it is concluded they are major and significant new proposals. If it is concluded from an analysis of the system plan that it does not contain any major and significant new proposals, a clear statement of that determination may be incorporated within the system plan or as a separately identifiable and retained record of the department’s determination.

Trans 400.07(2)(b)3.3. In the case of reports or recommendations of the department on proposals for legislation initiated by the department, if it is concluded from the screening sheet they contain major and significant new proposals, an LEIS may be prepared. If it is concluded from the screening sheet that they do not contain any major and significant new proposals or are within the scope of any categorical exclusion, a clear statement of that determination may be included on the screening sheet.

Trans 400.07(2)(c)(c) ER. An ER is a procedure followed for an action that is likely to fit the criteria for a conditional categorical exclusion in 23 CFR 771.117 (d), 23 CFR 771.118 (d), or federal aviation administration order 5050.4B, chapter 6, paragraph 605, or otherwise requires coordination with or concurrence of another agency. An environmental report, or ER, shall be prepared to demonstrate whether the proposed action does fit the criteria or conditions for approval as a categorical exclusion and has been properly coordinated with other agencies having jurisdiction by law over specific activities. The ER shall serve as the department’s record of coordination with other agencies having jurisdiction over specific activities, including the following activities:

Trans 400.07(2)(c)1.1. Construction-related activities including, but not limited to, stream crossings, fills in wetlands and temporary structures in or over streams or wetlands.

Trans 400.07(2)(c)2.2. Defined land use acquisition including, but not limited to, the acquisition of agricultural lands, historic or archeological sites, and state, county or national forest lands.

Trans 400.07 HistoryHistory: Cr. Register, April, 1992, No. 436, eff. 5-1-92; am. (1), (2) (intro.), (a), (b) and (c) (intro.), Register, February, 1999, No. 518, eff. 3-1-99; CR 16-069: am. (2) (intro.), (b) 1., (c) (intro.) Register October 2019 No. 766, eff. 11-1-19.

Trans 400.08(1)(a)(a) EIS — Environmental Impact Statement. The following are examples of department major actions that normally require the preparation of an environmental impact statement:

Trans 400.08(1)(a)1.1. ‘Highways and transit.’

Trans 400.08(1)(a)1.c.c. Construction or extension of a fixed transit facility, such as rapid rail, light rail, commuter rail, or bus rapid transit that will not be located within an existing transportation right-of-way.

Trans 400.08(1)(a)2.2. ‘Airports.’

Trans 400.08(1)(a)2.a.a. Unconditionally approving or funding the first airport layout plan or airport location for a new commercial service located in a metropolitan statistical area.

Trans 400.08(1)(a)2.b.b. Unconditionally approving or funding a new runway to accommodate air carrier aircraft at a commercial service airport located in a metropolitan statistical area.

Trans 400.08(1)(a)3.3. ‘Railroads.’

Trans 400.08 NoteNote: The federal highway administration regulations at 23 CFR 771.115 (a) and federal aviation administration order 5050.4B, chapter 9, paragraph 903, identify types of federally funded actions which normally require the preparation of an environmental impact statement.

Trans 400.08(1)(b)(b) EA — Environmental Assessment. EA procedures apply to actions for which the significance of the environmental impacts is not clearly established and require the preparation of an environmental assessment to make that determination.

Trans 400.08(1)(b)1.1. ‘Highways and transit.’ In addition to actions the department determines to meet the criteria for an EA action under this chapter, the department may apply EA procedures to the highway and transit actions generally identified in 23 CFR 771.115 (c).

Trans 400.08(1)(b)2.2. ‘Airports.’ In addition to actions the department determines to meet the criteria for an EA action under this chapter, the department may apply EA procedures to actions generally identified in federal aviation administration order 5050.4B.

Trans 400.08(1)(b)3.3. ‘Administrative facilities.’ Examples of department actions regarding administrative facilities to which EA procedures normally apply are: construction of a new or replacement administrative building, including an office building, state patrol academy, driver licensing and testing station, state patrol communications building, or other similar facility, at a new location.