AB454,38,7
1Trans 400.04 (10) "ER" or "environmental report" means a brief document used
2internally by the department to demonstrate a proposed action fits the criteria or
3conditions for approval as a categorical exclusion in 23 CFR 771.117 (d), April 1,
41991, or has met the review criteria of paragraph 23.a. of chapter 3 of federal aviation
5administration order 5050.4A of October 8, 1985,
under s. Trans 400.08 (1) (d) or has
6been properly coordinated with other agencies having jurisdiction by law over
7specific activities.
AB454,158 8Section 158. Trans 400.04 (15) of the administrative code is repealed.
AB454,159 9Section 159. Trans 400.04 (22m) of the administrative code is created to read:
AB454,38,1310 Trans 400.04 (22m) "Participating agency" means any Native American tribe
11or any local, state, or federal agency, other than the lead agency, with an interest in
12the project. "Participating agency" includes cooperating agencies but does not
13include nongovernmental organizations or other private entities.
AB454,160 14Section 160. Trans 400.04 (24) of the administrative code is amended to read:
AB454,38,1815 Trans 400.04 (24) "Reevaluation" means the review of a DEIS or FEIS an
16approved draft or final environmental document
to assess whether there have been
17significant changes in the proposed action, the affected human environment, the
18anticipated environmental impacts, or the proposed mitigation measures.
AB454,161 19Section 161. Trans 400.05 of the administrative code is amended to read:
AB454,39,7 20Trans 400.05 Federal regulations adopted. Federal regulations, 23 CFR
21771.115, 771.117, 771.119(a) and 771.123(a), April 1, 1998, adopted jointly by the
22federal highway administration and urban mass transit administration of the
23United States department of transportation, and its federal aviation administration
24order 5050.4A, chapter 3, paragraphs 20, 21, 22, and 23, October 8, 1985, pursuant
25to 40 CFR 1508.4, July 1, 1998, as approved by the United States council on

1environmental quality, and 40 CFR 1506.8 and 1508.17
References throughout this
2chapter to federal regulations and orders are to the following specific versions, which
3are hereby adopted by the department and are attached hereto in appendix 1: 23
4CFR 771.115
, 771.117, and 771.118, April 1, 2015; 40 CFR 1500.4, 1500.5, 1506.8,
5and 1508.4, July l, 2015; 49 CFR 266.19, October 1, 2014; and the United States
6department of transportation federal aviation administration order 5050.4B,
7chapters 6, 7, and 9, April 28, 2006
.
AB454,162 8Section 162. Trans 400.05 (note) of the administrative code is repealed.
AB454,163 9Section 163. Trans 400.06 (5) of the administrative code is amended to read:
AB454,39,1210 Trans 400.06 (5) Measures necessary to avoid, minimize and to mitigate for the
11mitigation of
adverse environmental impacts of proposed actions shall be part of the
12development and evaluation of alternatives.
AB454,164 13Section 164. Trans 400.06 (6) of the administrative code is amended to read:
AB454,39,2014 Trans 400.06 (6) The department shall implement procedures to make the
15WEPA process more useful to decision makers and the public by reducing paperwork
16and reducing delay utilizing the means for achieving these goals as specified in the
17rules of the United States council on environmental quality at 40 CFR 1500.4 and
181500.5, July 1, 1990, that which are attached hereto in appendix 1. Environmental
19documents shall be concise, clear, and to the point and emphasize real environmental
20issues and alternatives.
AB454,165 21Section 165. Trans 400.07 (2) (intro.) of the administrative code is amended
22to read:
AB454,39,2523 Trans 400.07 (2) (intro.) Except for actions designated CE actions which do not
24require any environmental documentation, actions
Actions and procedures
25designated EIS, EA or ER shall require the following environmental documentation:
AB454,166
1Section 166. Trans 400.07 (2) (b) 1. of the administrative code is amended to
2read:
AB454,40,133 Trans 400.07 (2) (b) 1. An EA shall be prepared for those project actions for
4which the significance of the environmental impact is not clearly established. If it
5is concluded from the analysis in the EA that the action is a major action, an EIS shall
6be prepared. If it is concluded from the analysis in the EA that the action is not a
7major action, the EA shall be revised to constitute a FONSI, and the FONSI shall
8serve as the environmental document. The FONSI shall be prepared only after
9availability of the EA for public, and cooperating and participating agency, review
10and comment and the incorporation of any appropriate revisions resulting from the
11public involvement process. Where a permit will be required or other agency
12coordination is specifically required by law, the FONSI may serve as the vehicle for
13such permit or coordinating agency approval.
AB454,167 14Section 167. Trans 400.07 (2) (c) (intro.) of the administrative code is amended
15to read:
AB454,41,216 Trans 400.07 (2) (c) (intro.) ER. An ER is a procedure followed for an action
17that is likely to fit the criteria for a conditional categorical exclusion in 23 CFR
18771.117
(d), April 1, 1998 23 CFR 771.118 (d), or federal aviation administration
19order 5050.4A, chapter 3, paragraph 23.a., October 8, 1985 5050.4B, chapter 6,
20paragraph 605
, or otherwise requires coordination with or concurrence of another
21agency. An environmental report, or ER, shall be prepared to demonstrate whether
22the proposed action does fit the criteria or conditions for approval as a categorical
23exclusion and has been properly coordinated with other agencies having jurisdiction
24by law over specific activities. The ER shall serve as the department's record of

1coordination with other agencies having jurisdiction over specific activities,
2including the following activities:
AB454,168 3Section 168. Trans 400.08 (1) (a) (intro.) of the administrative code is amended
4to read:
AB454,41,115 Trans 400.08 (1) (a) (intro.) EIS - Environmental Impact Statement. The
6federal highway administration regulations at 23 CFR 771.115(a) April 1, 1998,
7federal aviation administration order 5050.4A, chapter 3, paragraph 21, October 8,
81985, identify types of federally funded actions which require the preparation of an
9environmental impact statement.
The following are examples of department major
10actions that normally require the preparation of an environmental impact
11statement:
AB454,169 12Section 169. Trans 400.08 (1) (a) (intro.) (note) of the administrative code is
13repealed.
AB454,170 14Section 170. Trans 400.08 (1) (a) 1. c. of the administrative code is amended
15to read:
AB454,41,1916 Trans 400.08 (1) (a) 1. c. New construction Construction or extension of a fixed
17rail transit facilities including facility, such as rapid rail, light rail, commuter rail,
18and automated guideway transit or bus rapid transit, that will not be located within
19an existing transportation right-of-way
.
AB454,171 20Section 171. Trans 400.08 (1) (a) 2. a. of the administrative code is amended
21to read:
AB454,41,2422 Trans 400.08 (1) (a) 2. a. First time Unconditionally approving or funding the
23first
airport layout plan approval or airport location approval for a new commercial
24service airport located in a standard metropolitan statistical area.
AB454,172
1Section 172. Trans 400.08 (1) (a) 2. b. of the administrative code is amended
2to read:
AB454,42,63 Trans 400.08 (1) (a) 2. b. Federal financial participation in, or airport layout
4plan approval of,
Unconditionally approving or funding a new runway capable of
5handling
to accommodate air carrier aircraft at a commercial service airport located
6in a standard metropolitan statistical area.
AB454,173 7Section 173. Trans 400.08 (1) (a) 3. (note) of the administrative code is
8amended to read:
AB454,42,149 Trans 400.08 (1) (a) 3. (note) The federal highway administration regulations
10at 23 CFR 771.115 (a) and federal aviation administration order 5050.4B, chapter 9,
11paragraph 903, identify types of federally funded actions which normally require the
12preparation of an environmental impact statement.
The federal railroad
13administration regulation at 49 CFR 266.19, October 1, 1997, generally identifies
14actions that do not require an environmental impact statement.
AB454,174 15Section 174. Trans 400.08 (1) (b) (intro.) of the administrative code is amended
16to read:
AB454,42,2417 Trans 400.08 (1) (b) (intro.) EA - Environmental Assessment. EA procedures
18apply to actions for which the significance of the environmental impacts is not clearly
19established and require the preparation of an environmental assessment to make
20that determination. The federal highway administration regulations at 23 CFR
21771.115(c) April 1, 1998, and the federal aviation order 5050.4A, chapter 3,
22paragraph 22, October 8, 1985 identify the types of federal actions that require the
23preparation of an environmental assessment. Examples of the department's actions
24that are required to follow the EA procedure are as follows:
AB454,175
1Section 175. Trans 400.08 (1) (b) 1. of the administrative code is repealed and
2recreated to read:
AB454,43,63 Trans 400.08 (1) (b) 1. `Highways and transit.' In addition to actions the
4department determines meet the criteria for an EA action under this chapter, the
5department may apply EA procedures to the highway and transit actions generally
6identified in 23 CFR 771.115 (c).
AB454,176 7Section 176. Trans 400.08 (1) (b) 2. of the administrative code is repealed and
8recreated to read:
AB454,43,129 Trans 400.08 (1) (b) 2. `Airports.' In addition to actions the department
10determines meet the criteria for an EA action under this chapter, the department
11may apply EA procedures to actions generally identified in federal aviation
12administration order 5050.4B.
AB454,177 13Section 177. Trans 400.08 (1) (b) 3. of the administrative code is amended to
14read:
AB454,43,2015 Trans 400.08 (1) (b) 3. Administrative facilities. Construction Examples of
16department actions regarding administrative facilities to which EA procedures
17normally apply are: construction
of a new or replacement administrative building,
18including an office building, state patrol academy, driver licensing and testing
19station, state patrol communications building, or other similar facility, at a new
20location.
AB454,178 21Section 178. Trans 400.08 (1) (b) 5. (intro.) of the administrative code is
22amended to read:
AB454,43,2523 Trans 400.08 (1) (b) 5. (intro.) Policy, contract, standard, and specification
24changes. Examples of department actions regarding policy, contract, standard, and
25specification changes to which EA procedures normally apply are:
AB454,179
1Section 179. Trans 400.08 (1) (c) (intro.) of the administrative code is
2renumbered Trans 400.08 (1) (d) (intro.) and amended to read:
AB454,44,103 Trans 400.08 (1) (d) (intro.) ER - Environmental Report. ER procedures apply
4to actions identified in 23 CFR 771.117(d), April 1, 1998, and federal aviation
5administration order 5050.4A, chapter 3, paragraph 23a., October 8, 1985.
ER
6actions require documentation with an environmental report. The environmental
7report shall demonstrate that the action meets the criteria for a categorical exclusion
8by demonstrating that specific conditions or criteria for the action have been
9addressed and that significant environmental effects will not result. Examples of ER
10actions to which ER procedures apply are as follows:
AB454,180 11Section 180. Trans 400.08 (1) (c) 1. of the administrative code is repealed and
12recreated to read:
AB454,44,1613 Trans 400.08 (1) (c) 1. `Highways and transit.' In addition to actions the
14department determines meet the criteria for a CE action under this chapter, the
15department may classify as CE actions those highway and transit actions identified
16in 23 CFR 771.117 (c) and 23 CFR 771.118 (c).
AB454,181 17Section 181. Trans 400.08 (1) (c) 2. of the administrative code is repealed and
18recreated to read:
AB454,44,2219 Trans 400.08 (1) (c) 2. `Airports.' In addition to actions the department
20determines meet the criteria for a CE action under this chapter, the department may
21classify as CE actions those airport actions identified in federal aviation
22administration order 5050.4B.
AB454,182 23Section 182. Trans 400.08 (1) (c) 3. of the administrative code is renumbered
24Trans 400.08 (1) (d) 3. and amended to read:
AB454,45,7
1Trans 400.08 (1) (d) 3. Administrative facilities. Extensive Examples of
2department actions regarding administrative facilities to which ER procedures
3normally apply are: extensive
remodeling, expansion or modification of an
4administrative building, including an office building, state patrol academy, driver
5licensing and testing station, state patrol communications building, or other similar
6facility, which either substantially increases the capacity of the facility or
7substantially changes its use.
AB454,183 8Section 183. Trans 400.08 (1) (c) 4. of the administrative code is renumbered
9Trans 400.08 (1) (d) 4.
AB454,184 10Section 184. Trans 400.08 (1) (c) 5. of the administrative code is renumbered
11Trans 400.08 (1) (d) 5., and Trans 400.08 (1) (d) 5. (intro.), as renumbered, is amended
12to read:
AB454,45,1513 Trans 400.08 (1) (d) 5. (intro.) Policy, contract, standard and specification
14changes. Examples of department actions regarding policy, contract, standard, and
15specification changes to which ER procedures normally apply are:
AB454,185 16Section 185. Trans 400.08 (1) (d) (intro.) of the administrative code is
17renumbered Trans 400.08 (1) (c) (intro.) and amended to read:
AB454,46,618 Trans 400.08 (1) (c) (intro.) CE - Categorical Exclusions. CE actions are
19categorically excluded from the requirement to prepare environmental
20documentation pursuant to the rule published by the United States department of
21transportation in 23 CFR 771.117, April 1, 1998, or its federal aviation
22administration order 5050.4A, chapter 3, paragraph 23, October 8, 1985. CE actions
23do not require environmental documentation
because, based on past experience with
24similar actions, they do not involve significant environmental impacts. They are
25actions which do not induce significant impacts to planned growth or land use for the

1area, do not require the relocation of significant numbers of people, do not have a
2significant impact on any natural, cultural, recreational, historic or other resource,
3do not involve significant air, noise, or water quality impacts, do not have significant
4impacts on travel patterns, and do not otherwise, either individually or cumulatively,
5have any significant environmental impacts. Examples of CE actions include the
6following:
AB454,186 7Section 186. Trans 400.08 (1) (d) 1. of the administrative code is repealed and
8recreated to read:
AB454,46,129 Trans 400.08 (1) (d) 1. `Highways and transit.' In addition to actions the
10department determines meet the criteria for an ER action under this chapter, the
11department may apply ER procedures to the highway and transit actions identified
12in 23 CFR 771.117 (d) and 23 CFR 771.118 (d).
AB454,187 13Section 187. Trans 400.08 (1) (d) 2. of the administrative code is repealed and
14recreated to read:
AB454,46,1815 Trans 400.08 (1) (d) 2. `Airports.' In addition to actions the department
16determines meet the criteria for an ER action under this chapter, the department
17may apply ER procedures to actions identified in the federal aviation administration
18order 5050.4B.
AB454,188 19Section 188. Trans 400.08 (1) (d) 3. of the administrative code is renumbered
20Trans 400.08 (1) (c) 3. and amended to read:
AB454,46,2521 Trans 400.08 (1) (c) 3. Administrative facilities. Minor Examples of
22department actions regarding administrative facilities that are normally classified
23as CE actions are: minor
construction or expansion of an airport facility, such as a
24runway, taxiway, apron, service or entrance road, or passenger handling or parking
25facility.
AB454,189
1Section 189. Trans 400.08 (1) (d) 4. of the administrative code is renumbered
2Trans 400.08 (1) (c) 4.
AB454,190 3Section 190. Trans 400.08 (2) (a) of the administrative code is amended to
4read:
AB454,47,75 Trans 400.08 (2) (a) Activities exempt by statute or approved as categorical
6exclusions by the United States council on environmental quality pursuant to 40
7CFR 1508.4
, July 1, 1998.
AB454,191 8Section 191. Trans 400.08 (2) (f) of the administrative code is amended to read:
AB454,47,119 Trans 400.08 (2) (f) The budget request of the department as a whole submitted
10to the department of administration and legislature pursuant to ss. s. 16.42 and
1119.45 (12)
, Stats.
AB454,192 12Section 192. Trans 400.09 (4) (e) of the administrative code is amended to
13read:
AB454,47,1514 Trans 400.09 (4) (e) Ensure the required involvement of any cooperating and
15participating
agencies.
AB454,193 16Section 193. Trans 400.10 (3) (c) of the administrative code is amended to read:
AB454,47,2317 Trans 400.10 (3) (c) In addition to the contents required under par. (a), the FEIS
18shall also incorporate the comments received during the DEIS and subsequent
19hearing processes. A response shall be made to each substantive environmental
20issue identified in the comments and not addressed in the DEIS. The response shall
21include a discussion of the environmental issue, including the identification of the
22efforts to resolve the issue and the commitments to specific measures to mitigate
23adverse impacts and enhance beneficial effects.
AB454,194 24Section 194. Trans 400.10 (4) (a) 1. of the administrative code is renumbered
25Trans 400.10 (4) (a) 1r. and amended to read:
AB454,48,2
1Trans 400.10 (4) (a) 1r. Stimulation of secondary indirect environmental
2effects.
AB454,195 3Section 195. Trans 400.10 (4) (a) 1g. of the administrative code is created to
4read:
AB454,48,55 Trans 400.10 (4) (a) 1g. The content requirements for an ER under sub. (5).
AB454,196 6Section 196. Trans 400.10 (4) (a) 5. of the administrative code is amended to
7read:
AB454,48,98 Trans 400.10 (4) (a) 5. The degree of controversy on environmental grounds
9associated with the proposed action.
AB454,197 10Section 197. Trans 400.10 (5) (intro.) of the administrative code is amended
11to read:
AB454,48,1512 Trans 400.10 (5) (intro.) ER content. The ER may be completed on screening
13sheets developed by the department.
The ER shall reflect compliance with the
14applicable laws and regulations of other agencies, and shall include all of the
15following:
AB454,198 16Section 198. Trans 400.11 (1) (b) (intro.) of the administrative code is
17renumbered Trans 400.11 (1) (b) and amended to read:
AB454,48,2218 Trans 400.11 (1) (b) Notice of availability of a SEE. A notice of availability of
19a system plan and its SEE shall be published in the official state newspaper and
20other newspapers, as deemed appropriate. The notice may be combined with a notice
21of opportunity for a public hearing on the system plan. The notice shall:
as provided
22in sub. (8).
AB454,199 23Section 199. Trans 400.11 (1) (b) 1. to 4. of the administrative code are
24repealed.
AB454,200 25Section 200. Trans 400.11 (2) of the administrative code is amended to read:
AB454,49,13
1Trans 400.11 (2) LEIS. In the case of a departmental report or recommendation
2on a department-initiated proposal for legislation that contains major and
3significant new proposals that are not within the scope of any categorical exclusion,
4the department shall prepare a LEIS substantially following the guidelines of the
5United States council on environmental quality in 40 CFR 1506.8, July 1, 1998. This
6includes transmission of the LEIS to the legislature concurrent with or within 30
7days after the legislative proposal is submitted to the legislature, provided that the
8LEIS must be available in time for legislative hearings and deliberations, and 5 days
9in advance. There is no scoping requirement and the statement shall be prepared
10in the same manner as a DEIS, but shall be considered the detailed statement
11required by s. 1.11 (2) (c), Stats. Any comments on the LEIS shall be given to the
12department which shall forward them along with its own responses to the legislative
13committees with jurisdiction.
AB454,201 14Section 201. Trans 400.11 (3) (b) (intro.) of the administrative code is
15renumbered Trans 400.11 (3) (b) and amended to read:
AB454,49,2016 Trans 400.11 (3) (b) Notice of availability of DEIS. A notice of availability of
17the DEIS shall be published in the appropriate official local newspaper or in a
18newspaper with general circulation within the area affected by the proposed action.
19If the proposed action is of statewide interest, such notice shall also be published in
20the official state newspaper. Such notice shall include:
as provided in sub. (8).
AB454,202 21Section 202. Trans 400.11 (3) (b) 1. to 4. of the administrative code are
22repealed.
AB454,203 23Section 203. Trans 400.11 (4) of the administrative code is amended to read:
AB454,50,524 Trans 400.11 (4) FEIS and ROD. The FEIS and ROD shall be printed and
25distributed, and a notice of availability of the FEIS shall be published , in the same

1manner as provided for a DEIS under sub. (3), except that. If separate FEIS and ROD
2documents are necessary under s. Trans 400.13 (1) (am),
the decision to proceed with
3the proposed action and to sign the ROD shall not be made sooner than 30 days after
4the date of publication of the notice of availability of the FEIS or 90 days after the
5date of publication of the notice of availability of the DEIS.
AB454,204 6Section 204. Trans 400.11 (5) (a) of the administrative code is amended to
7read:
AB454,50,138 Trans 400.11 (5) (a) Public availability of EA. The EA shall be made available
9for public inspection at the department's central office, the appropriate department
10region office, public libraries as identified under sub. (3) (a) 6., and the office of the
11local unit of government having requested the proposed action. A charge may be
12assessed to cover reproduction and handling costs for requested copies of the EA or
13portions thereof.
AB454,205 14Section 205. Trans 400.11 (5) (b) (intro.) of the administrative code is
15renumbered Trans 400.11 (5) (b) and amended to read:
Loading...
Loading...