Section 400.10. Preparation and content of environmental documents.

 

(1)   Preparation. The environmental documents shall be prepared by one of the following:

(a) The department.

(b) Local units of government under the direction of the department and with final review and approval responsibility by the department.

(c) A consultant under the direction of the department and with final review and approval responsibility by the department.

(2)   See content. While the general issues to be addressed by a SEE are similar to those in the individual project evaluations, it is recognized that , in most cases the analysis of transportation alternatives, including multi-modal analyses where appropriate, will be qualitative, reflecting the broad level of generality of system plans. Therefore, by necessity, a SEE shall be more conceptual, qualitative, and general than is common with the individual project environmental reviews. A SEE, prepared as an integral part of a system plan, may address the following matters:

(a) The range of environmental effects, including the effects on sensitive land and water resources, of system plans.

(b) In non-attainment areas, the range of air quality impacts which might be expected from system plan recommendations.

(c) The range of system plan effects on energy consumption.

(d) The relation of system plans to adopted regional development goals and plans, including potential effects of transportation on land use and land use on transportation demand.

(e) The range of anticipated effects of system plans on traffic congestion.

(f) The range of anticipated effects of system plans on economic development.

(g) The qualitative comparison of the costs of system plans and expected benefits.

(h) The range of effects of system plans on communities.

(3)   DEIS and FEIS content.

(a) The DEIS and FEIS shall be consistent with applicable laws, orders and policies, and shall include all of the following:

1. A summary which describes the proposed action and discusses the major environmental issues and controversies associated with the proposal.

2. A statement of purpose and need for the proposed action.

3. A discussion of the proposed action. The discussion shall:

a. Evaluate alternatives.

b. Specify the reasons for eliminating any of the alternatives from further consideration.

c. Address each reasonable alternative being considered in detail, so that their relative merits and liabilities can be compared.

4. A brief description of the human environment of the area or areas that may be affected by each of the alternatives under consideration. The amount of detail of such description shall be commensurate with the significance of the potential environmental impacts, but shall at a minimum identify and describe:

a. The existing quality of the human environment, including the economy, land use, demographics and projections of the population, traffic, natural and physical characteristics and their use, energy consumption, historic and archeological sites, and recreational facilities.

b. The required agency coordination, public involvement and permits or authorizations.

c. The relationship of the proposed action to adopted or proposed land use plans, policies, controls, and goals and objectives of affected communities, including potential effects of transportation on land use and land use on transportation demand.

5. A discussion of the environmental consequences. The discussion shall include the following:

a. The environmental impacts of the alternatives.

b. The adverse environmental effects, if any, which cannot be avoided should the proposed action be implemented.

c. The relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity.

d. The significant irreversible or irretrievable commitments of resources, if any, which would be involved should the proposed action be implemented.

e. The beneficial aspects of the proposed action, both short and long term.

f. The economic advantages and disadvantages of the proposed action.

6. A discussion of the measures being considered to minimize the harm or enhance the beneficial environmental effects of the proposed action. The discussion may include alternative designs or construction methods, alternative management actions, or other alternatives such as replacement, restoration or compensation.

7. The names and qualifications of the persons primarily responsible for preparing the document or significant supporting background papers, including basic components of the DEIS and FEIS.

(b) In addition to the contents required under par. (a) , the DEIS shall also include the identification of the preferred alternative, if any.

(c) In addition to the contents required under par. (a) , the FEIS shall also incorporate the comments received during the DEIS and subsequent hearing processes. A response shall be made to each environmental issue identified in the comments and not addressed in the DEIS. The response shall include a discussion of the environmental issue, including the identification of the efforts to resolve the issue and the commitments to specific measures to mitigate adverse impacts and enhance beneficial effects.

(4)   EA and FONSI content.

(a) The EA and FONSI may be completed on screening sheets developed by the department, and shall include all of the following:

1. Stimulation of secondary environmental effects.

2. Creation of a new environmental effect.

3. Impacts on geographically scarce resources.

4. Precedent-setting nature of the proposed action.

5. The degree of controversy associated with the proposed action.

6. Conflicts with official agency plans or local, state, or national policies, including conflicts resulting from potential effects of transportation on land use and land use on transportation demand.

7. Cumulative environmental impacts of repeated actions of the type proposed.

8. Foreclosure of future options.

9. Direct or indirect impacts on ethnic or cultural groups.

(b) In addition to the contents required under par. (a) , the FONSI shall also include the following:

1. A specific finding that the proposed action is not a major action.

2. Documentation showing permit or coordinating agency approval when the FONSI serves as the vehicle for such approval.

(5)   ER content. The ER shall reflect compliance with the applicable laws and regulations of other agencies, and shall include all of the following:

(a) A description of the proposed action.

(b) The purpose and need of the proposed action.

(c) A brief description of the preferred alternative and the other alternatives under consideration.

(d) The reasons for eliminating any of the alternatives from further consideration.

(e) A summary of the status and results of agency coordination and public involvement.

(f) A brief summarization of environmental, social and economic issues relevant to the proposed action including the use of prescribed construction-related methods or special contract provisions or land acquisitions that would be used to ensure that no significant adverse environmental effects or controversies developed.

History: Cr. Register, April, 1992, No. 436 , eff. 5-1-92; am. (2) (intro.), Register, February, 1999, No. 518 , eff. 3-1-99.