Section 400.04. Definitions.

  In this chapter:

(1)  "Access roads" means the various, incidental, public roads that provide service and access to state parks, national and state forests, and state institutions.

(2)  "Alternatives" means other reasonable actions or activities which may achieve the same or altered purpose of the proposed action including the alternative of taking no action.

(3)  "Categorical exclusion" means an action which meets the definition of the term in the guidelines published by the United States council on environmental quality as a federal rule in 40 CFR 1508.4 , July 1, 1990, and the rule published jointly by the federal highway administration and urban mass transit administration of the United States department of transportation in 23 CFR 771.117 , April 1, 1991, or the procedures published by the federal aviation administration of the United States department of transportation as order 5050.4A, chapter 3, paragraph 23, October 8, 1985, or other actions of the department for which neither an EA, EIS nor other environmental documentation is required by this rule.

(4)  "Cooperating agency" means any local, state or federal agency, other than the lead or transportation agency, which has jurisdiction by law over the proposed action or which has special expertise with respect to any relevant environmental effect generated by the proposed action.

(5)  "Department" means the Wisconsin department of transportation.

(6)  "DEIS" or "draft environmental impact statement" means the preliminary version of an EIS.

(7)  "EA" or ``environmental assessment" means a concise, comprehensive document containing an analysis of a proposed action to determine the significance of the action's environmental effects and whether or not the action constitutes a major action.

(8)  "Environmental effect" or "environmental impact" means a beneficial or adverse influence resulting from an action of the department. The term includes ecological, aesthetic, historic, cultural, economic, social or health effects.

(9)  "EIS" or "environmental impact statement" means a written report containing an analysis of a proposed major action and its alternatives to identify and address their effects on the quality of the human environment.

(10)  "ER" or "environmental report" means a brief document used internally by the department to demonstrate a proposed action fits the criteria or conditions for approval as a categorical exclusion in 23 CFR 771.117 (d), April 1, 1991, or has met the review criteria of paragraph 23.a. of chapter 3 of federal aviation administration order 5050.4A of October 8, 1985, or has been properly coordinated with other agencies having jurisdiction by law over specific activities.

(11)  "FEIS" or "final environmental impact statement" means the final version of an EIS.

(12)  "FONSI" or "finding of no significant impact" means an approved, completed EA containing a finding that the proposed action is not a major action.

(13)  "Human environment" means the natural or physical environment and the relationship of people with that environment.

(14)  "Joint lead agency" means the department together with any local, state or federal agency having equal responsibility for the preparation, content and processing of an environmental document for a proposed action.

(15)  "Ldn" means the directly measurable sound level quantity using the day-night average sound level methodology developed for the United States environmental protection agency for estimating noise impacts at both civil and military airports.

(16)  "Lead agency" means the local, state or federal agency preparing or having taken primary responsibility for preparing the environmental document for a proposed action.

(17)  "LEIS" or "legislative environmental impact statement" means a written report containing an analysis to identify and address the effects on the quality of the human environment of a department-initiated report or recommendation on a proposal for legislation.

(18)  "Major action" means an action that will have significant effects on the quality of the human environment. It does not include actions whose significance is based only on economic or social effects.

(19)  "Major and significant new proposal" means a new proposal developed by the department which, if legislatively authorized and funded, may significantly affect the quality of the human environment and represents a significant departure from, or expansion of, the department's existing responsibilities by substantially expanding or substantially reducing total resources allocated to any existing programs.

(20)  "Mitigation" means avoiding, minimizing, rectifying, reducing, eliminating or compensating for adverse environmental effects of a proposed action.

(21)  "NEPA" means the national environmental policy act, 42 USC 4321 , et seq.

(22)  "Notice of availability," "notice of intent," "notice of opportunity for public hearing" or "notice of public hearing" means a class 1 notice as defined in ch. 985 , Stats.

(23)  "ROD" or "record of decision" means a public record which identifies:

(a) The department's selected course of action.

(b) The selected action's environmental effects.

(c) Alternatives to the action that were considered.

(d) Mitigation measures selected.

(e) Reason for rejection of suggested reasonable mitigation measures.

(24)  "Reevaluation" means the review of a DEIS or FEIS to assess whether there have been significant changes in the proposed action, the affected human environment, the anticipated environmental impacts, or the proposed mitigation measures.

(25)  "Scoping" means an early, open process with the public and public agencies for identifying the anticipated range of issues for a proposed action.

(26)  "Significant effects" means considerable and important impacts of department actions on the quality of the human environment.

(27)  "SEE" or "system-plan environmental evaluation" means a conceptual environmental evaluation, that shall be considered the "detailed statement" required by statute commonly known as"environmental impact statement," developed as an integral element of a system plan that contemplates that if the plan recommendations are implemented, there will be subsequent project or site-specific environmental reviews. A SEE also serves as the LEIS regarding reports or recommendations on legislation required to implement the plan.

(28)  "System plan" means a plan which identifies transportation facility or service needs for a statewide system. The needs are identified conceptually without addressing specific design and locational details.

(29)  "Tiering" means the coverage of general matters in a broad EIS with subsequent narrower statements or environmental analyses which incorporate by reference the general discussion of the EIS.

(30)  "WEPA" means the Wisconsin environmental policy act, s. 1.11 , Stats.

History: Cr. Register, April, 1992, No. 436 , eff. 5-1-92 ; am. (7) and (12), Register, February, 1999, No. 518 , eff. 3-1-99.