Wisconsin Administrative Code
Department of Transportation
Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions
Section Trans 400.13 - Decision on proposed action
Universal Citation: WI Admin Code ยง Trans 400.13
Current through February 26, 2024
(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.
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