Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.04 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Access roads" means the various, incidental, public roads that provide service
			 and access to state parks, national and state forests, and state
			 institutions.
(2) "Alternatives"
			 means other reasonable actions or activities which may achieve the same or
			 altered purpose of the proposed action including the alternative of taking no
			 action.
(3) "Categorical exclusion"
			 means an action which meets the definition of the term in
			 40 CFR
			 1508.4, and in
			 23 CFR
			 771.116, 23 CFR 771.117,
			 23 CFR
			 771.118, or chapter 6 of order 5050.4B of the
			 federal aviation administration of the United States department of
			 transportation, or other actions of the department for which neither an EA, EIS
			 nor other environmental documentation is required by this rule.
Note:
The specific versions of federal regulations
				and federal agency orders as referenced throughout this chapter are adopted in
				s.
				Trans
				400.05 and are reproduced at appendix 1 to this
				chapter.
(4) "Cooperating
			 agency" means any Native American tribe, or any local, state, or federal
			 agency, other than the lead or transportation agency, which has jurisdiction by
			 law over the proposed action or which has special expertise with respect to any
			 relevant environmental effect generated by the proposed action or
			 alternative.
(5) "Department" means
			 the Wisconsin department of transportation or a local agency when acting under
			 the direction of the department.
(6) "DEIS" or "draft environmental impact
			 statement" means the preliminary version of an EIS.
(7) "EA" or ``environmental assessment" means
			 a concise, comprehensive document containing an analysis of a proposed action
			 to determine the significance of the action's environmental effects and whether
			 or not the action constitutes a major action.
(8) "Environmental effect" or "environmental
			 impact" means a beneficial or adverse influence resulting from an action of the
			 department. The term includes ecological, aesthetic, historic, cultural,
			 economic, social or health effects.
(9) "EIS" or "environmental impact statement"
			 means a written report containing an analysis of a proposed major action and
			 its alternatives to identify and address their effects on the quality of the
			 human environment.
(10) "ER" or
			 "environmental report" means a brief document used internally by the department
			 to demonstrate a proposed action fits the criteria or conditions for approval
			 as a categorical exclusion under s.
			 Trans
			 400.08(1) (d) or has been properly
			 coordinated with other agencies having jurisdiction by law over specific
			 activities.
(11) "FEIS" or "final
			 environmental impact statement" means the final version of an EIS.
(12) "FONSI" or "finding of no significant
			 impact" means an approved, completed EA containing a finding that the proposed
			 action is not a major action.
(13)
			 "Human environment" means the natural or physical environment and the
			 relationship of people with that environment.
(14) "Joint lead agency" means the department
			 together with any local, state or federal agency having equal responsibility
			 for the preparation, content and processing of an environmental document for a
			 proposed action.
(16) "Lead agency"
			 means the local, state or federal agency preparing or having taken primary
			 responsibility for preparing the environmental document for a proposed
			 action.
(17) "LEIS" or "legislative
			 environmental impact statement" means a written report containing an analysis
			 to identify and address the effects on the quality of the human environment of
			 a department-initiated report or recommendation on a proposal for
			 legislation.
(18) "Major action"
			 means an action that will have significant effects on the quality of the human
			 environment. It does not include actions whose significance is based only on
			 economic or social effects.
(19)
			 "Major and significant new proposal" means a new proposal developed by the
			 department which, if legislatively authorized and funded, may significantly
			 affect the quality of the human environment and represents a significant
			 departure from, or expansion of, the department's existing responsibilities by
			 substantially expanding or substantially reducing total resources allocated to
			 any existing programs.
(20)
			 "Mitigation" means avoiding, minimizing, rectifying, reducing, eliminating or
			 compensating for adverse environmental effects of a proposed action.
(21) "NEPA" means the national environmental
			 policy act,
			 42 USC
			 4321, et seq.
(22) "Notice of availability," "notice of
			 intent," "notice of opportunity for public hearing" or "notice of public
			 hearing" means a class 1 notice as defined in ch. 985, Stats.
(22m) "Participating agency" means any Native
			 American tribe or any local, state, or federal agency, other than the lead
			 agency, with an interest in the project. "Participating agency" includes
			 cooperating agencies but does not include nongovernmental organizations or
			 other private entities.
(23) "ROD"
			 or "record of decision" means a public record which identifies:
(a) The department's selected course of
			 action.
(b) The selected action's
			 environmental effects.
(c)
			 Alternatives to the action that were considered.
(d) Mitigation measures selected.
(e) Reason for rejection of suggested
			 reasonable mitigation measures.