Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Appendix - FEDERAL REGULATIONS AND PROCEDURES ADOPTED BY THE WISCONSIN DEPARTMENT OF TRANSPORTATION › ASSISTANCE TO STATES FOR LOCAL RAIL SERVICE UNDER SECTION 5 OF THE DEPARTMENT OF TRANSPORTATION ACT › Section 266.19 - Environmental impact

Current through June 24, 2024
(a) General. The
				  Administrator has determined that providing assistance to cover the following
				  costs is not a major action significantly affecting the quality of the human
				  environment: Rehabilitation or improvement consisting of work normally
				  performed on a periodic basis which does not change the existing character of
				  the facility (including work to overcome normal periodic maintenance that had
				  been deferred) rail service continuation, acquisition, and planning.
(b) Substitute service assistance, rail
				  facility construction assistance, and non-exempt rehabilitation or improvement
				  assistance
(1) Environmental assessment.
(i) When an applicant requests substitute
				  service assistance, rail facility construction assistance, or rehabilitation or
				  improvement assistance (except for rehabilitation or improvement assistance
				  which is exempt under paragraph: a) of this section), the applicant shall:
(A) Prepare an environmental assessment to
				  determine whether the future use of the property will significantly affect the
				  quality of the human environment; or
(B) Provide sufficient documentation to
				  enable the Administrator to determine that the project satisfies the following
				  criteria:
(1) The action is not likely to be
				  environmentally controversial from the point of view of people living within
				  the environment affected by the action or controversial with respect to the
				  availability of adequate relocation housing;
(2) The action is not inconsistent with any
				  Federal, State, or local law, regulation, ordinance, or judicial or
				  administrative determination relating to environmental protection;
(3) The action will not have any significant
				  adverse impact in any natural, cultural, recreational, or scenic environment(s)
				  in which the action takes place, or on the air or water quality or ambient
				  noise levels of such environment(s);
(4) The action will not: use 4(f)-protected
				  properties; adversely affect properties under section 106 of the National
				  Historic Preservation Act; involve new construction location in a wetlands
				  area; or affect a base floodplain;
(5) The action will not cause a significant
				  short- or long-term increase in traffic congestion, or other significant
				  adverse environmental impact on any mode of transportation;
(6) The action is not an integral part of a
				  program of actions which, when considered separately, would not be classified
				  as major FRA actions, but when considered together would be so classified; and
(7) Environmental assessment or
				  documentation is not required by any Federal law, regulation, guideline, order,
				  or judicial or administrative determination other than this part.