Wis. Admin. Code Trans § Trans 400.13

Current through November 25, 2024
Section Trans 400.13 - Decision on proposed action
(1) FEIS; RECORD OF DECISION.
(am) The department shall develop a single document that consists of a combined FEIS/ROD, unless any of the following applies:
1. The FEIS makes substantial changes to the proposed action that are relevant to environmental or safety concerns.
2. There are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.
(b) The record of decision, whether issued in combination with an FEIS or separately, shall contain the following information:
1. A statement of the decision.
2. Identification of all alternatives considered by the department in reaching its decision, specifying which one is considered environmentally preferable.
3. A statement indicating that all practicable means to avoid or mitigate environmental harm have been adopted, and if not so adopted, a statement specifying the reasons for not adopting all such means.
(2) EA; FINDING OF NO SIGNIFICANT IMPACT.
(a) The decision to revise an EA to constitute a FONSI shall not be made until after the end of the comment period specified in the notice of availability of the EA provided for under s. Trans 400.11(8).
(b) If potentially significant impacts have not been identified, the department shall revise the EA as appropriate and shall attach a summary of the public hearing, if a hearing was held, and a summary of any comments received and responses thereto. These items, along with a statement of no significant impact, shall constitute the FONSI and the record of decision.
(c) If, at any point in the EA process, the department determines that the proposed action may have a significant impact on the quality of the human environment, an EIS shall be prepared.
(3) ER.
(a) Unless the department determines to hold, or affords the opportunity for, a public hearing under s. Trans 400.12(4) (b), an approved ER document constitutes the department's final decision on a proposed action.
(b) When the department holds, or affords the opportunity for, a public hearing on an ER, the decision to revise an ER to constitute a final decision on a proposed action shall not be made until after the end of the comment period specified in the notice of availability of the ER provided for under s. Trans 400.11(8).
(c) If potentially significant impacts have not been identified during the ER availability period, the department shall revise the ER as appropriate and shall attach a summary of the public hearing, if a hearing was held, and a summary of any comments received and responses thereto. These items, along with a statement of no significant impact, shall constitute the final action determination document and the record of decision.
(d) If, at any point in the ER process, the department determines that the proposed action may have a significant impact on the quality of the human environment, an EIS shall be prepared before proceeding with the proposed action.

Wis. Admin. Code Department of Transportation Trans 400.13

Cr. Register, April, 1992, No. 436, eff. 5-1-92.
Amended by, CR 16-069: r. (1) (a), cr. (1) (am), am. (1) (b) (intro.), (2) (a), cr. (3) Register October 2019 No. 766, eff. 11/1/2019