Wis. Admin. Code Department of Transportation § Trans 400.11 - Distribution and review of environmental documents
(1) SEE .
(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.
(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).
(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.
(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.
(3) DEIS .
(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:
1. The office of the governor.
2. Local, state and federal governmental
agencies having special expertise, interest or jurisdiction.
3. Regional and county planning agencies
within the area of the proposed action.
4. Public officials, interest groups and
members of the public having the potential to be directly affected by the
proposed action and requesting a copy of the DEIS . A charge may be assessed to
cover reproduction and handling costs.
5. Offices of the department located in the
vicinity of the proposed action and at the department 's central
office.
6. Public libraries:
a. For proposals having local importance, the
nearest public library. In addition, a request shall be made to an appropriate
public official to make the document available in a public place.
b. For proposals having regional importance,
public libraries with a geographic distribution which provides public access
without undue travel.
c. For
proposals having statewide interest, public libraries providing reasonable
access for members of the public who would be potentially affected by such
proposals.
(b)
Notice of availability of
DEIS . A notice of availability of the DEIS shall be published as
provided in sub. (8).
(4) COMBINED FEIS /ROD. The combined FEIS /ROD
shall be printed and distributed, and a notice of availability of the combined
FEIS /ROD shall be published, in the same manner as provided for a DEIS under
sub. (3). If separate FEIS and ROD documents are necessary under s.
Trans 400.13(1)
(am), the decision to proceed with the
proposed action and to sign the ROD shall not be made sooner than 30 days after
the date of publication of the notice of availability of the FEIS or 90 days
after the date of publication of the notice of availability of the
DEIS .
(5) EA.
(a)
Public availability of
EA. The EA shall be made available for public inspection at the
department 's central office, the appropriate department region office, public
libraries as identified under sub. (3) (a) 6., and the office of the local unit
of government having requested the proposed action. A charge may be assessed to
cover reproduction and handling costs for requested copies of the EA or
portions thereof.
(b)
Notice of availability of EA. A notice of availability of the
EA shall be published as provided in sub. (8).
(c)
Notice of opportunity to request
a public hearing on EA. If the department affords the opportunity for
a public hearing on an EA under s.
Trans
400.12(4) (a), a notice of
opportunity to request a public hearing shall be published when the EA is
completed and made available for inspection as provided for under par. (a).
Publication of the notice shall be in the appropriate official local newspaper
or in a newspaper of general circulation within the area affected by the
proposed action. Publication shall also be in the official state newspaper if
the proposed action is of statewide interest. The notice shall invite
submission of requests for a public hearing on the EA within 30 days after the
date of publication of the notice. The notice shall include a description of
the procedure for requesting a public hearing.
(6) FONSI . The FONSI shall be made available
by the department to participating local units of government and to the public
upon request. A notice of availability shall not be required for a FONSI. A
charge may be assessed to cover reproduction and handling costs for requested
copies of the FONSI or portions thereof.
(7) ER.
(a)
The ER shall upon request be made available for inspection at the department 's
central office, the appropriate department region office, and the office of the
local unit of government having requested the proposed action. Subject to par.
(b), a notice of availability shall not be required for an ER. A charge may be
assessed to cover reproduction and handling costs for requested copies of the
ER.
(b) If the department
determines to hold, or afford the opportunity for, a public hearing on an ER
action under s.
Trans
400.12(4) (b), the department shall
make the ER publicly available and provide notice of public availability under
sub. (5) as if the ER were an EA.
(8) NOTICE OF AVAILABILITY.
(a) When an environmental document listed
under par. (c) is made available to the public by the department , a notice of
availability shall be published in the appropriate official local newspaper or
in a newspaper of general circulation within the area affected by the proposed
action. If the proposed action is of statewide interest, the notice shall also
be published in the official state newspaper. The notice shall include all of
the following:
1. Briefly describe the
proposed action.
2. Announce the
completion and availability of the environmental document.
3. List the locations where the environmental
document may be inspected.
4.
Except in the case of a ROD or a combined FEIS /ROD document, invite the public
to furnish written comments on the proposed action; indicate where comments are
to be sent; and indicate the date that such comments must be submitted to the
department as determined under par. (b).
(b) The comment period for specific
environmental documents shall be as follows:
1. For a DEIS , the comment period may not be
less, nor without cause longer than, 45 days after the date of the publication
of the notice of availability.
2.
If the department determines a separate FEIS and ROD are necessary under s.
Trans 400.13(1)
(am), the comment period for the FEIS may not
be less, nor without cause longer than, 30 days after the date of publication
of the notice of availability.
3.
For an EA, and for an ER if the department determines it will hold or afford
the opportunity for a public hearing under s.
Trans
400.12(4) (b), the comment period may
not be less, nor without cause longer than, 30 days after the date of
publication of the notice of availability.
(c) A notice of availability shall be
published for the following environmental documents:
1. SEE .
2. DEIS .
3. FEIS and ROD, or a combined
FEIS /ROD.
4. EA.
5. ER, if the department determines that it
will hold or afford the opportunity for a public hearing under s.
Trans
400.12(4) (b).
(d) The notice of availability of the
environmental document may be combined with other public notices required under
this chapter.
Notes
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