Trans 400.04(24)(24) “Reevaluation” means the review of an approved draft or final environmental document, including DEIS, FEIS, ROD, EA, FONSI, ER, and CE, to assess whether there have been changes in the proposed action, the applicable laws, regulations, or policies, the affected human environment, the anticipated environmental impacts, or the proposed mitigation measures.

Trans 400.04(27)(27) “SEE” or “system-plan environmental evaluation” means a conceptual environmental evaluation, that shall be considered the “detailed statement” required by statute commonly known as“environmental impact statement,” developed as an integral element of a system plan that contemplates that if the plan recommendations are implemented, there will be subsequent project or site-specific environmental reviews. A SEE also serves as the LEIS regarding reports or recommendations on legislation required to implement the plan.

Trans 400.04(28)(28) “System plan” means a plan which identifies transportation facility or service needs for a statewide system. The needs are identified conceptually without addressing specific design and locational details.

Trans 400.04(29)(29) “Tiering” means the coverage of general matters in a broad EIS with subsequent narrower statements or environmental analyses which incorporate by reference the general discussion of the EIS.

Trans 400.04 HistoryHistory: Cr. Register, April, 1992, No. 436, eff. 5-1-92; am. (7) and (12), Register, February, 1999, No. 518, eff. 3-1-99; CR 16-069: am. (3) to (5), (10), r. (15), cr. (22m), am. (24) Register October 2019 No. 766, eff. 11-1-19.

Trans 400.05Trans 400.05 Federal regulations adopted. References throughout this chapter to federal regulations and orders are hereby adopted by the department and are attached hereto in appendix 1: 23 CFR 771.115, 771.116, 771.117, and 771.118, April 1, 2015; 40 CFR 1500.4, 1500.5, 1506.8, and 1508.4, July l, 2015; 49 CFR 266.19, October 1, 2014; and the United States department of transportation federal aviation administration order 5050.4B, chapters 6, 7, and 9, April 28, 2006.

Trans 400.06(1)(1) The department shall strive to protect and enhance the quality of the human environment in carrying out its basic transportation mission and shall consider pertinent environmental factors consequential to any proposed actions. The policy expressed in this section and the procedures defined in this chapter shall be implemented as an integrated process beginning during the initial planning stage for department action.

Trans 400.06(2)(2) The department acknowledges WEPA as a legal obligation shared by all divisions of the department to evaluate and be aware of environmental consequences of proposed actions.

Trans 400.06(3)(3) Alternative courses of action shall be evaluated and decisions on proposed actions shall be made in the best overall public interest consistent with state and federal statutes and regulations. Decisions on proposed actions shall be based upon a balanced consideration of the findings of the environmental document, public comments, and the need for safe and efficient transportation consistent with local, state and national environmental goals.

Trans 400.06(4)(4) Public involvement, interagency coordination and consultation, and a systematic interdisciplinary approach to analysis of the issues shall be essential parts of the environmental process for proposed actions.

Trans 400.06(5)(5) Measures necessary for the mitigation of adverse environmental impacts of proposed actions shall be part of the development and evaluation of alternatives.

Trans 400.06(6)(6) The department shall implement procedures to make the WEPA process more useful to decision makers and the public by reducing paperwork and reducing delay utilizing the means for achieving these goals as specified in the rules of the United States council on environmental quality at 40 CFR 1500.4 and 1500.5, which are attached hereto in appendix 1. Environmental documents shall be concise, clear, and to the point and emphasize real environmental issues and alternatives.

Trans 400.06(7)(7) In carrying out its responsibility under s. 1.11, Stats., the department shall substantially follow the guidelines issued as rules by the United States council on environmental quality and federal transportation agencies.

Trans 400.06 HistoryHistory: Cr. Register, April, 1992, No. 436, eff. 5-1-92; CR 16-069: am. (5), (6) Register October 2019 No. 766, eff. 11-1-19; correction in (1) made under s. 35.17, Stats., Register October 2019 No. 766.

Trans 400.07(1)(1) The designations, EIS and CE shall be used to categorize department actions. Actions designated EIS actions shall be considered major actions, and actions designated CE shall be considered categorical exclusions. An EA and an ER describe procedures to be followed to categorize department actions. The EA process yields a determination whether an action requires an EIS or a finding of no significant impact. The ER process confirms whether an action falls within a categorical exclusion or requires further evaluation and documentation.

Trans 400.07(2)(a)1.1. An environmental impact statement, or EIS, shall be prepared for major actions.

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.