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.
Trans 400.09(4)(c)(c) Establish a schedule for document preparation and for opportunities for public involvement.
Trans 400.09(4)(d)(d) Determine, when the department is involved in the development of proposals with other state agencies, which agencies may be joint lead agencies or whether one agency should be designated the lead agency.
Trans 400.09(4)(e)(e) Ensure the required involvement of any cooperating and participating agencies.
Trans 400.09(4)(f)(f) Determine whether tiering shall be used to improve or simplify the environmental processing of complex actions.
Trans 400.09 HistoryHistory: Cr. Register, April, 1992, No. 436, eff. 5-1-92; am. (1) and (2) (intro.), Register, February, 1999, No. 518, eff. 3-1-99; CR 16-069: am. (4) (e) Register October 2019 No. 766, eff. 11-1-19.
Trans 400.10Trans 400.10Preparation and content of environmental documents.
Trans 400.10(1)(1)Preparation. The environmental documents shall be prepared by one of the following:
Trans 400.10(1)(a)(a) The department.
Trans 400.10(1)(b)(b) Local units of government under the direction of the department and with final review and approval responsibility by the department.
Trans 400.10(1)(c)(c) A consultant under the direction of the department and with final review and approval responsibility by the department.
Trans 400.10(2)(2)See content. While the general issues to be addressed by a SEE are similar to those in the individual project evaluations, it is recognized that , in most cases the analysis of transportation alternatives, including multi-modal analyses where appropriate, will be qualitative, reflecting the broad level of generality of system plans. Therefore, by necessity, a SEE shall be more conceptual, qualitative, and general than is common with the individual project environmental reviews. A SEE, prepared as an integral part of a system plan, may address the following matters:
Trans 400.10(2)(a)(a) The range of environmental effects, including the effects on sensitive land and water resources, of system plans.
Trans 400.10(2)(b)(b) In non-attainment areas, the range of air quality impacts which might be expected from system plan recommendations.
Trans 400.10(2)(c)(c) The range of system plan effects on energy consumption.
Trans 400.10(2)(d)(d) The relation of system plans to adopted regional development goals and plans, including potential effects of transportation on land use and land use on transportation demand.
Trans 400.10(2)(e)(e) The range of anticipated effects of system plans on traffic congestion.
Trans 400.10(2)(f)(f) The range of anticipated effects of system plans on economic development.
Trans 400.10(2)(g)(g) The qualitative comparison of the costs of system plans and expected benefits.