Trans 400.08(1)(d)5.d.d. Major change in design standards or construction specifications.
Trans 400.08(2)(2)In addition, the following actions and activities of the department are categorized as CE actions:
Trans 400.08(2)(a)(a) Activities exempt by statute or approved as categorical exclusions by the United States council on environmental quality pursuant to 40 CFR 1508.4.
Trans 400.08(2)(b)(b) Enforcement activities.
Trans 400.08(2)(c)(c) Emergency activities to protect public health, safety and the human environment.
Trans 400.08(2)(d)(d) Ancillary activities which are part of a routine series of related department actions.
Trans 400.08(2)(e)(e) Actions which individually or cumulatively do not significantly affect the quality of the human environment and do not involve unresolved conflicts in the use of available resources.
Trans 400.08(2)(f)(f) The budget request of the department as a whole submitted to the department of administration and legislature pursuant to s. 16.42, Stats.
Trans 400.08(2)(g)(g) Proposals for enabling or conforming legislation that are required to be enacted to comply with federal law or federal standards as the department is authorized by ss. 20.395 (9) (qx), 84.01 (15), 84.015 and 84.03 (1), Stats., as a matter of federal preemption, but only to the extent so required and no further.
Trans 400.08(2)(h)(h) Reports or recommendation on proposals for legislation for which the department has performed or caused to be performed a SEE as an integral part of system plans.
Trans 400.08(2)(i)(i) Budget requests associated with implementation of a system plan for which a SEE has been completed.
Trans 400.08(2)(j)(j) Reports or recommendations on revenue proposals.
Trans 400.08(2)(k)(k) Expenditure or appropriation requests involving only an existing department program, except requests that constitute major and significant new proposals.
Trans 400.08(2)(L)(L) Reports or recommendations on proposals for legislation that have not been initiated by or sponsored by the department.
Trans 400.08(2)(m)(m) Budgetary proposals submitted in response to a request by the governor, the legislature, legislative committees, or individual legislators.
Trans 400.08(2)(n)(n) Reports or recommendations on proposals for legislation that relate to the level of transportation aids payments to local units of government, including mass transit aids.
Trans 400.08 HistoryHistory: Cr. Register, April, 1992, No. 436, eff. 5-1-92; r. and recr. (1), am. (2) (intro.) and (a), Register, February, 1999, No. 518, eff. 3-1-99; CR 16-069: am. (1) (a) (intro.), 1. c., 2. a., b., (b) (intro.), r. and recr. (1) (b) 1., 2., am. (1) (b) 3., cr. (1) (b) 5. (intro.), renum. (1) (c) (intro.) to (1) (d) (intro.) and am., r. and recr. (1) (c) 1., 2., renum. (1) (c) 3., 4. to (1) (d) 3., 4. and am. 3., renum. (1) (d) (intro.) to (1) (c) (intro.) and am., r. and recr. (1) (d) 1., 2., renum. (1) (d) 3., 4. to (1) (c) 3., 4. and am. 3., am. (2) (a), (f) Register October 2019 No. 766, eff. 11-1-19; correction in (1) (c) 4. a. made under s. 35.17, Stats., Register October 2019 No. 766.
Trans 400.09Trans 400.09Scoping.
Trans 400.09(1)(1)As part of system plan development process, the department may perform SEE scoping. This scoping is to identify the issues to be addressed, alternatives to be analyzed, and the affected public or agencies involved in the system plan development. No scoping is required for reports or recommendations on proposals for legislation, LEIS’s, or ER or CE actions.
Trans 400.09(2)(2)For actions requiring an EIS or EA procedures, the department shall determine by means of scoping, insofar as possible at the time that a proposed action is approved for planning, development or implementation, the probable action designation, environmental review and agency coordination that will be required. If a decision to prepare an EIS is made, the department shall inform the public and affected agencies by publishing a notice of intent in the Wisconsin administrative register and a local newspaper of general circulation. The notice of intent shall include:
Trans 400.09(2)(a)(a) A statement that an EIS will be prepared.
Trans 400.09(2)(b)(b) A brief description of the proposed action.
Trans 400.09(2)(c)(c) A preliminary list of possible alternatives.
Trans 400.09(2)(d)(d) A brief discussion of the proposed scoping process.
Trans 400.09(2)(e)(e) Names and addresses of the contact persons at the federal and state review agencies.
Trans 400.09(3)(3)The scoping process shall include, to the extent feasible, affected local, state and federal agencies, any affected American Indian tribes, and other interested persons. The scoping process may consist of meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.
Trans 400.09(4)(4)The department shall use the scoping process to accomplish the following:
Trans 400.09(4)(a)(a) Determine the scope of issues to be analyzed in depth in the environmental document.
Trans 400.09(4)(b)(b) Identify and eliminate from detailed study and further consideration alternatives which are unreasonable and issues which are not significant or which have been covered and documented by prior environmental review related to the proposed action.