Chapter Trans 400
WISCONSIN ENVIRONMENTAL POLICY ACT
PROCEDURES FOR DEPARTMENT ACTIONS
Trans 400.03 Applicability. Trans 400.04 Definitions. Trans 400.05 Federal regulations adopted. Trans 400.07 Action designation and environmental documentation. Trans 400.08 Categorization of department actions. Trans 400.10 Preparation and content of environmental documents. Trans 400.11 Distribution and review of environmental documents. Trans 400.12 Public hearings. Trans 400.13 Decision on proposed action. Trans 400.14 DEIS and FEIS reevaluation and supplement. Trans 400.01(2)(2) As specified in s. 227.01 (13) (d), (e) and (y), Stats., the definition of “rule” and the requirement to promulgate statements of general policy and interpretation of statutes as administrative rules do not apply to action or inaction of the department which relates to the use of highways and is made known by signs or signals, relates to the construction or maintenance of highways or bridges, except as provided in ss. 84.11 (1r) and 85.025, Stats., or prescribes measures to minimize the adverse environmental impact of bridge and highway construction and maintenance. Trans 400.01(3)(3) As specified in ss. 20.395 (9) (qx), 84.01 (15), 84.015 and 84.03 (1), Stats., the department is directed to construct and maintain highways and related projects within the meaning of title 23, United States Code, and all acts amendatory and supplementary thereto, and the federal regulations issued under that code, as well as to receive and expend all funds in accordance with the requirements of acts of congress making such funds available. Trans 400.01 HistoryHistory: Cr. Register, April, 1992, No. 436, eff. 5-1-92. Trans 400.02Trans 400.02 Purpose. The purpose of this chapter is to implement the Wisconsin environmental policy act, s. 1.11, Stats., by establishing the policy by which the department will consider environmental effects of its major actions on the quality of the human environment, by identifying actions under the jurisdiction of the department that have the potential to affect the quality of the human environment, by determining the appropriate environmental analysis and documentation necessary for each action, by ensuring an opportunity for public participation in the process, and by establishing procedures by which the department will consider the effects of its actions on the quality of the human environment. Trans 400.02 HistoryHistory: Cr. Register, April, 1992, No. 436, eff. 5-1-92. Trans 400.03(1)(1) The provisions of this chapter shall apply to all department actions which may affect the quality of the human environment. Trans 400.03(2)(2) Where another state or federal agency has concurrent responsibility with the department for a proposed EA action, a joint environmental assessment, or EA, may be prepared with the other agency if the EA meets the requirements of this chapter. The department shall make an independent judgment on the need for an environmental impact statement, or EIS, in accordance with this chapter. Trans 400.03(3)(3) Where a proposed action involves another state or federal agency approval or decision, and it has been determined that an EIS shall be prepared in accordance with NEPA or WEPA, the WEPA requirement for an EIS under this chapter may be waived if: