Wis. Admin. Code Department of Transportation § Trans 400.12 - Public hearings
(1) PUBLIC HEARING ON SEE . The department
shall hold a public hearing on a system plan and its SEE no sooner than 15 days
after its notice of public hearing. The public hearing shall be held after
announcement of the public hearing and the identity of the system plan and its
SEE shall be referenced in the public hearing announcement.
(2) NO PUBLIC HEARING ON LEIS . As provided in
s.
1.11(2)
(d), Stats., no public hearing is required on
environmental impact statements on reports or recommendations on proposals for
legislation.
(3) PUBLIC HEARING ON
DEIS .
(a) Whenever a proposed action requires
an EIS , the department shall hold a public hearing on the DEIS no sooner than
15 days after its notice of availability is published. The hearing shall be
held prior to the selection of the final course of action for the proposal, or
the department may present a preferred alternative.
(b) A notice of public hearing shall be
published, at least 15 days prior to the hearing, 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, such notice shall also be published in the official state newspaper
and any other newspapers as appropriate to obtain comprehensive coverage.
Copies of the notice shall be mailed to appropriate local, state and federal
agencies and to others having an interest in the proceedings of the proposed
action. The notice of public hearing shall include:
1. Identification of the DEIS .
2. Date, time and place of the
hearing.
3. A brief description of
the proposed action.
4. A brief
description of the scope and purpose of the hearing.
5. The address to which questions may be sent
prior to the hearing and locations where additional information may be
obtained.
6. Provision for
submitting written statements in place of, or in addition to, testimony
presented at the public hearing.
7.
The locations where the DEIS may be obtained or reviewed.
(c) The public hearing may be combined with
other hearings and notices of hearings required for departmental actions,
provided the requirements under pars. (a) and (b) are met.
(4) PUBLIC HEARING, OR OPPORTUNITY
FOR PUBLIC HEARING, ON EA OR ER.
(a) Unless EA
procedures indicate the action is an EIS action, the department shall hold, or
afford the opportunity for, a public hearing on an EA action prior to the
issuance of a FONSI. A public hearing on an EA may be held by the department at
the department 's discretion and shall be held if a request for such a hearing
is received by the department within the time specified in the notice of
opportunity to request a public hearing under s.
Trans
400.11(5) (c). Whenever the
department holds a public hearing or approves a timely request for a public
hearing under this subsection, the department shall proceed in the same manner
as provided for a public hearing on a DEIS under sub. (3), except that the
public hearing shall be held no sooner than 15 days after publication of the
public hearing notice and the identity of the EA or ER shall be referenced in
the public hearing notice.
(b) The
department may determine to hold a public hearing or afford the opportunity for
a public hearing for ER actions. If the department determines to afford the
opportunity for a public hearing for an ER action, the department shall follow
EA procedures under par. (a).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.