Section Trans 400.14 - DEIS and FEIS reevaluation and supplement(1) DEIS. (a) A reevaluation of a DEIS shall be prepared if 3 years have elapsed before the date of publication of the notice of availability of the FEIS or combined FEIS/ROD provided for under s. Trans 400.11(4). A reevaluation of a DEIS shall also be prepared any time prior to the date of publication of the notice of availability of the FEIS or combined FEIS/ROD if, in the judgment of the department, there have been significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or the proposed mitigation measures. If in either case the reevaluation indicates or confirms any such significant changes, a new environmental document or supplemental DEIS shall be prepared prior to proceeding with the proposed action. The supplemental DEIS shall be prepared and processed in the same manner as a DEIS under this chapter. Preparation of the supplemental DEIS shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.(b) An EA may be used to assess the need to prepare a supplemental DEIS if it is uncertain that significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or proposed mitigation measures will result in significant environmental impacts which could not be identified from preparing a reevaluation of the DEIS. The EA shall be prepared and processed in accordance with the requirements of this chapter. Preparation of the EA shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.(2) FEIS. (a) A reevaluation of a FEIS shall be prepared any time there have been, in the judgment of the department, significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or the proposed mitigation measures. If the reevaluation confirms any such significant changes, a new environmental document or supplemental FEIS shall be prepared prior to proceeding with the proposed action. The supplemental FEIS shall be prepared and processed in the same manner as a FEIS under this chapter. Preparation of the supplemental FEIS shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.(b) An EA may be used to assess the need to prepare a supplemental FEIS if it is uncertain that significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or proposed mitigation measures will result in significant environmental impacts which could not be identified from preparing a reevaluation of the FEIS. The EA shall be prepared and processed in accordance with the requirements of this chapter. Preparation of the EA shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.(3) REVISION OF FINAL ACTION DOCUMENT.(a) The department may revise a final action document, including a ROD, FONSI, ER, or CE, in order to do any of the following:1. Select a different alternative, if the new selected alternative is fully evaluated in the FEIS, EA, ER, or CE to the same degree as the originally selected alternative.2. Make substantial changes to mitigation measures or findings discussed in the final agency action.(b) If the department revises a final action document under par. (a), those agencies that reviewed the FEIS, EA, ER, or CE shall be given an opportunity to review and comment on the revised final action document. To the extent practicable, the approved revised final action document shall be provided to all persons, organizations, and agencies that received the FEIS, EA, ER, or CE. Wis. Admin. Code Department of Transportation Trans 400.14
Cr. Register, April, 1992, No. 436, eff. 5-1-92.Amended by, CR 16-069: am. (1) (a), (2) (a), cr. (3) Register October 2019 No. 766, eff. 11/1/2019