Section 400.13. Decision on proposed action.

 

(1)   FEIS; record of decision.

(a) The department shall complete and sign a record of decision no sooner than 30 days after the date of publication of the notice of availability of the FEIS provided for under s. Trans 400.11 (4) .

(b) The record of decision 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 30-day period specified in the notice of availability of the EA provided for under s. Trans 400.11 (5) (b) .

(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.

History: Cr. Register, April, 1992, No. 436 , eff. 5-1-92.