Trans 400.11(8) (8) Notice of availability.

Trans 400.11(8)(a) (a) When an environmental document listed under par. (c) is made available to the public by the department, a notice of availability shall be published 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, the notice shall also be published in the official state newspaper. The notice shall include all of the following:

Trans 400.11(8)(a)1. 1. Briefly describe the proposed action.

Trans 400.11(8)(a)2. 2. Announce the completion and availability of the environmental document.

Trans 400.11(8)(a)3. 3. List the locations where the environmental document may be inspected.

Trans 400.11(8)(a)4. 4. Except in the case of a ROD or a combined FEIS/ROD document, invite the public to furnish written comments on the proposed action; indicate where comments are to be sent; and indicate the date that such comments must be submitted to the department as determined under par. (b).

Trans 400.11(8)(b) (b) The comment period for specific environmental documents shall be as follows:

Trans 400.11(8)(b)1. 1. For a DEIS, the comment period may not be less, nor without cause longer than, 45 days after the date of the publication of the notice of availability.

Trans 400.11(8)(b)2. 2. If the department determines a separate FEIS and ROD are necessary under s. Trans 400.13 (1) (am), the comment period for the FEIS may not be less, nor without cause longer than, 30 days after the date of publication of the notice of availability.

Trans 400.11(8)(b)3. 3. For an EA, and for an ER if the department determines it will hold or afford the opportunity for a public hearing under s. Trans 400.12 (4) (b), the comment period may not be less, nor without cause longer than, 30 days after the date of publication of the notice of availability.

Trans 400.11(8)(c) (c) A notice of availability shall be published for the following environmental documents:

Trans 400.11(8)(c)1. 1. SEE.

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.