Section Trans 400.08 - Categorization of department actions(1) Based on federal regulations and past experience with analysis of similar actions the following are categorized as EIS, EA, ER or CE: (a)EIS - Environmental Impact Statement. The following are examples of department major actions that normally require the preparation of an environmental impact statement: 1. `Highways and transit.' a. Construction of a new controlled access freeway.b. Construction of a new highway project of 4 or more lanes on a new location.c. Construction or extension of a fixed transit facility, such as rapid rail, light rail, commuter rail, or bus rapid transit that will not be located within an existing transportation right-of-way.d. New construction or extension of a separate roadway for buses or high occupancy vehicles not located within an existing highway facility.2. `Airports.' a. Unconditionally approving or funding the first airport layout plan or airport location for a new commercial service located in a metropolitan statistical area.b. Unconditionally approving or funding a new runway to accommodate air carrier aircraft at a commercial service airport located in a metropolitan statistical area.3. `Railroads.' a. Construction of a new major railroad.b. Construction of new major facilities to handle freight, maintenance or passengers. Note: The federal highway administration regulations at 23 CFR 771.115(a) and federal aviation administration order 5050.4B, chapter 9, paragraph 903, identify types of federally funded actions which normally require the preparation of an environmental impact statement.
(b)EA - Environmental Assessment. EA procedures apply to actions for which the significance of the environmental impacts is not clearly established and require the preparation of an environmental assessment to make that determination. 1. `Highways and transit.' In addition to actions the department determines to meet the criteria for an EA action under this chapter, the department may apply EA procedures to the highway and transit actions generally identified in 23 CFR 771.115(c).2. `Airports.' In addition to actions the department determines to meet the criteria for an EA action under this chapter, the department may apply EA procedures to actions generally identified in federal aviation administration order 5050.4B.3. `Administrative facilities.' Examples of department actions regarding administrative facilities to which EA procedures normally apply are: construction of a new or replacement administrative building, including an office building, state patrol academy, driver licensing and testing station, state patrol communications building, or other similar facility, at a new location.4. `Financial assistance.' This provision applies to issuance as well as acceptance of the following grants by the department: a. Financial grant for railroad construction action that may require an EIS.b. Financial grant for construction of new port facilities.c. Financial grant for construction of a new disposal facility for harbor dredge material.d. Financial grant for dredging of material for the purpose of expanding an existing harbor.e. Financial grant for disposal of contaminated harbor dredge material into a new disposal facility.5. `Policy, contract, standard and specification changes.' Examples of department actions regarding policy, contract, standard, and specification changes to which EA procedures normally apply are:a. Change in policy for nonhighway use of highway right-of-way or non-railroad use of railroad right-of-way by utility companies, or for access to public roads or private residential or commercial driveways or farm crossings.b. Change in policy for transport of hazardous cargo, such as explosives, hazardous wastes, toxins, radioactive material, or any other similar cargo.c. Change in policy for the maintenance program relating to the use of deicing materials, or to the use of pesticides, herbicides or insecticides within the right-of-way, or to the use of cutback asphalt or creosoted ties, or other similar materials.d. Change in policy for acquisition of scenic easements.6. `System planning.' Publication or adoption of a system plan. Preparation of a SEE or EA for a system plan is discretionary.(c)CE - Categorical Exclusions. CE actions are categorically excluded from the requirement to prepare environmental documentation because, based on past experience with similar actions, they do not involve significant environmental impacts. They are actions which do not induce significant impacts to planned growth or land use for the area, do not require the relocation of significant numbers of people, do not have a significant impact on any natural, cultural, recreational, historic or other resource, do not involve significant air, noise, or water quality impacts, do not have significant impacts on travel patterns, and do not otherwise, either individually or cumulatively, have any significant environmental impacts.1. `Highways, transit, and rail.' In addition to actions the department determines to meet the criteria for a CE action under this chapter, the department may classify as CE actions those highway, transit, and rail actions identified in 23 CFR 771.116(c), 23 CFR 771.117 (c), and 23 CFR 771.118(c).2. `Airports.' In addition to actions the department determines to meet the criteria for a CE action under this chapter, the department may classify as CE actions those airport actions identified in federal aviation administration order 5050.4B.3. `Administrative facilities.' Examples of department actions regarding administrative facilities that are classified as CE actions are: minor construction or expansion of an airport facility, such as a runway, taxiway, apron, service or entrance road, or passenger handling or parking facility.4. `Financial assistance.' This provision applies to issuance as well as acceptance of grants by the department.a. Financial grant for repair or modification of existing facilities in locations below ordinary high water mark that are within an area designated by a bulkhead line, a lake bed grant, or a submerged lands lease.b. Financial grant for maintenance dredging of navigable waterway.c. Financial grant for disposal of contaminated dredge material at existing approved disposal facilities.(d)ER - Environmental Report. ER actions require documentation with an environmental report. The environmental report shall demonstrate that the action meets the criteria for a categorical exclusion by demonstrating that specific conditions or criteria for the action have been addressed and that significant environmental effects will not result. 1. `Highways, transit, and rail.' In addition to actions the department determines to meet the criteria for an ER action under this chapter, the department may apply ER procedures to the highway, transit, and rail actions identified in 23 CFR 771.116(d), 23 CFR 771.117 (d) and 23 CFR 771.118(d).2. `Airports.' In addition to actions the department determines to meet the criteria for an ER action under this chapter, the department may apply ER procedures to actions identified in the federal aviation administration order 5050.4B.3. `Administrative facilities.' Examples of department actions regarding administrative facilities to which ER procedures normally apply are: extensive remodeling, expansion or modification of an administrative building, including an office building, state patrol academy, driver licensing and testing station, state patrol communications building, or other similar facility, which either substantially increases the capacity of the facility or substantially changes its use.4. `Financial assistance.' This provision applies to issuance as well as acceptance of the following grants by the department.a. Financial grant for repair or modification of existing port facilities in locations below the ordinary high-water mark that are not within an area designated by a bulkhead line, a lake bed grant, or a submerged lands lease.b. Financial grant for repair of an approved disposal facility for contaminated dredge material.c. Financial grant under the transportation economic assistance program for the construction of a local transportation facility.5. `Policy, contract, standard and specification changes.' Examples of department actions regarding policy, contract, standard, and specification changes to which ER procedures normally apply are:a. Change in policy on artificial lighting for highways and airports.b. Change in policy for planting and landscaping on transportation corridors.c. Processing a contract change for significant changes in design.d. Major change in design standards or construction specifications. (2) In addition, the following actions and activities of the department are categorized as CE actions:(a) Activities exempt by statute or approved as categorical exclusions by the United States council on environmental quality pursuant to 40 CFR 1508.4.(b) Enforcement activities.(c) Emergency activities to protect public health, safety and the human environment.(d) Ancillary activities which are part of a routine series of related department actions.(e) Actions which individually or cumulatively do not significantly affect the quality of the human environment and do not involve unresolved conflicts in the use of available resources.(f) The budget request of the department as a whole submitted to the department of administration and legislature pursuant to s. 16.42, Stats.(g) Proposals for enabling or conforming legislation that are required to be enacted to comply with federal law or federal standards as the department is authorized by ss. 20.395(9) (qx), 84.01(15), 84.015 and 84.03(1), Stats., as a matter of federal preemption, but only to the extent so required and no further.(h) Reports or recommendation on proposals for legislation for which the department has performed or caused to be performed a SEE as an integral part of system plans.(i) Budget requests associated with implementation of a system plan for which a SEE has been completed.(j) Reports or recommendations on revenue proposals.(k) Expenditure or appropriation requests involving only an existing department program, except requests that constitute major and significant new proposals. (L) Reports or recommendations on proposals for legislation that have not been initiated by or sponsored by the department.(m) Budgetary proposals submitted in response to a request by the governor, the legislature, legislative committees, or individual legislators.(n) Reports or recommendations on proposals for legislation that relate to the level of transportation aids payments to local units of government, including mass transit aids.Wis. Admin. Code Department of Transportation Trans 400.08
Cr. Register, April, 1992, No. 436, eff. 5-1-92; r. and recr. (1), am. (2) (intro.) and (a), Register, February, 1999, No. 518, eff. 3-1-99.Amended by, correction (1) (a) 1. (title), 2. (title), 3. (title), (b) 1. (title), 2. (title), 3. (title), 4. (title), 5. (title), 6. (title), (c) 1. (title), 2. (title), 3. (title), 4. (title), 5. (title), (d) 1. (title), 2. (title), 3. (title), 4. (title) under s. 13.92(4) (b) 7, Stats., Register October 2015 No. 718, eff.11/1/2015.Amended by, CR 16-069: am. (1) (a) (intro.), 1. c., 2. a., b., (b) (intro.), r. and recr. (1) (b) 1., 2., am. (1) (b) 3., cr. (1) (b) 5. (intro.), renum. (1) (c) (intro.) to (1) (d) (intro.) and am., r. and recr. (1) (c) 1., 2., renum. (1) (c) 3., 4. to (1) (d) 3., 4. and am. 3., renum. (1) (d) (intro.) to (1) (c) (intro.) and am., r. and recr. (1) (d) 1., 2., renum. (1) (d) 3., 4. to (1) (c) 3., 4. and am. 3., am. (2) (a), (f) Register October 2019 No. 766, eff. 11-1-19; correction in (1) (c) 4. a. made under s. 35.17, Stats., Register October 2019 No. 766, eff. 11/1/2019