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)(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 History
History: 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 400.10
Trans 400.10 Preparation 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)(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)(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.
Trans 400.10(3)(a)
(a) The DEIS and FEIS shall be consistent with applicable laws, orders and policies, and shall include all of the following:
Trans 400.10(3)(a)1.
1. A summary which describes the proposed action and discusses the major environmental issues and controversies associated with the proposal.
Trans 400.10(3)(a)3.b.
b. Specify the reasons for eliminating any of the alternatives from further consideration.
Trans 400.10(3)(a)3.c.
c. Address each reasonable alternative being considered in detail, so that their relative merits and liabilities can be compared.
Trans 400.10(3)(a)4.
4. A brief description of the human environment of the area or areas that may be affected by each of the alternatives under consideration. The amount of detail of such description shall be commensurate with the significance of the potential environmental impacts, but shall at a minimum identify and describe:
Trans 400.10(3)(a)4.a.
a. The existing quality of the human environment, including the economy, land use, demographics and projections of the population, traffic, natural and physical characteristics and their use, energy consumption, historic and archeological sites, and recreational facilities.
Trans 400.10(3)(a)4.c.
c. The relationship of the proposed action to adopted or proposed land use plans, policies, controls, and goals and objectives of affected communities, including potential effects of transportation on land use and land use on transportation demand.
Trans 400.10(3)(a)5.
5. A discussion of the environmental consequences. The discussion shall include the following:
Trans 400.10(3)(a)5.b.
b. The adverse environmental effects, if any, which cannot be avoided should the proposed action be implemented.
Trans 400.10(3)(a)5.c.
c. The relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity.
Trans 400.10(3)(a)5.d.
d. The significant irreversible or irretrievable commitments of resources, if any, which would be involved should the proposed action be implemented.
Trans 400.10(3)(a)6.
6. A discussion of the measures being considered to minimize the harm or enhance the beneficial environmental effects of the proposed action. The discussion may include alternative designs or construction methods, alternative management actions, or other alternatives such as replacement, restoration or compensation.
Trans 400.10(3)(a)7.
7. The names and qualifications of the persons primarily responsible for preparing the document or significant supporting background papers, including basic components of the DEIS and FEIS.
Trans 400.10(3)(b)
(b) In addition to the contents required under par.
(a), the DEIS shall also include the identification of the preferred alternative, if any.
Trans 400.10(3)(c)
(c) In
addition to the
contents required under par. (a), the
FEIS shall also include the following:
Trans 400.10(3)(c)1.
1. Identification of the preferred alternative if one was not included in the DEIS.
Trans 400.10(3)(c)2.
2. A discussion of substantive comments received on the DEIS and responses thereto, including the identification of efforts to resolve the issue.
Trans 400.10(3)(c)4.
4. A description of mitigation measures that are to be incorporated into the proposed action.
Trans 400.10(4)(a)
(a) The EA and FONSI may be completed on screening sheets developed by the department, and shall include all of the following:
Trans 400.10(4)(a)5.
5. The degree of controversy on environmental grounds associated with the proposed action.
Trans 400.10(4)(a)6.
6. Conflicts with official agency plans or local, state, or national policies, including conflicts resulting from potential effects of transportation on land use and land use on transportation demand.
Trans 400.10(4)(b)
(b) In addition to the contents required under par.
(a), the FONSI shall also include the following:
Trans 400.10(4)(b)2.
2. Documentation showing permit or coordinating agency approval when the FONSI serves as the vehicle for such approval.
Trans 400.10(5)
(5) ER And CE Content. The ER and CE may be completed on screening sheets developed by the department. The ER and CE shall reflect compliance with the applicable laws and regulations of other agencies, and shall include all of the following:
Trans 400.10(5)(c)
(c) A brief description of the preferred alternative and the other alternatives under consideration.
Trans 400.10(5)(d)
(d) The reasons for eliminating any of the alternatives from further consideration.
Trans 400.10(5)(e)
(e) A summary of the status and results of agency coordination and public involvement.
Trans 400.10(5)(f)
(f) A brief summarization of environmental, social and economic issues relevant to the proposed action including the use of prescribed construction-related methods or special contract provisions or land acquisitions that would be used to ensure that no significant adverse environmental effects or controversies developed.
Trans 400.10 History
History: Cr.
Register, April, 1992, No. 436, eff. 5-1-92; am. (2) (intro.),
Register, February, 1999, No. 518, eff. 3-1-99;
CR 16-069: r. and recr. (3) (c), renum. (4) (a) 1. to (4) (a) 1r. and am., cr. (4) (a) 1g., am. (4) (a) 5., (5) (intro.) Register October 2019 No. 766, eff. 11-1-19. Trans 400.11
Trans 400.11 Distribution and review of environmental documents. Trans 400.11(1)(a)(a) Public availability of SEE. When required, a SEE shall be prepared as an integral element of system plans. The system plan and SEE shall be made available for public inspection at the department's central office, appropriate department region offices, and depository libraries.
Trans 400.11(1)(b)
(b) Notice of availability of a SEE. A notice of availability
of a system plan and its SEE shall be published as provided in sub.
(8).
Trans 400.11(1)(c)
(c) Public hearing. A public hearing on a system plan and its SEE shall be held by the department, except there is no requirement for a two-step, draft and final SEE because the planning process contemplates that if the plan recommendations are implemented, there will be subsequent project or site-specific environmental reviews.
Trans 400.11(2)
(2) LEIS. In the case of a departmental report or recommendation
on a department-initiated proposal for legislation that contains major and
significant new proposals that are not within the scope of any categorical exclusion,
the department shall prepare a LEIS substantially following the guidelines of the
United States council on environmental quality in
40 CFR 1506.8. This
includes transmission of the LEIS to the legislature concurrent with or within 30
days after the legislative proposal is submitted to the legislature, provided that the
LEIS must be available in time for legislative hearings and deliberations, and 5 days
in advance. There is no scoping requirement and the statement shall be prepared
in the same manner as a DEIS, but shall be considered the detailed statement
required by s.
1.11 (2) (c), Stats. Any comments on the LEIS shall be given to the
department which shall forward them along with its own responses to the legislative
committees with jurisdiction.
Trans 400.11(3)(a)
(a) Printing and distribution of DEIS. Printing of the DEIS shall be the responsibility of the preparer. Sufficient quantities of the DEIS shall be printed to meet distribution requirements. The DEIS shall be distributed to the following:
Trans 400.11(3)(a)2.
2. Local, state and federal governmental agencies having special expertise, interest or jurisdiction.
