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Section 5: Notices and Media Releases

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Notice Type

Notice Content

opportunity for public hearing (see Section 2)

informs the public that a public hearing will be held if requested

public hearing (see Section 2)

informs the public that a public hearing will be held, and the time, date, and location of the hearing

notice of availability EA

informs the public of the approval of an EA

notice of availability FEIS

required following approval of a FEIS

media release

used any time to publicize meetings or other information on projects



This section discusses the following notice and media release topics:

  • publishing notices
  • notice placement in the newspaper
  • publication requirements
  • other forms of publicity
  • format for the opportunity for public hearing notice
  • formatting the hearing notice
  • notices of availability: environmental assessment
  • notices of availability: final environmental impact statement (FEIS)
  • media releases
  • notice of construction
  • notice of construction format
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Publishing Notices

Official notices should be published in local general circulation newspapers, regional newspapers (if there is no local newspaper) and special interest newspapers, such as neighborhood, ethnic, foreign language.

NOTE: If the predominant language of an area is not English, notices must be published in the predominant language. It is appropriate in some cases to publish notices in any language if there is a large ethnic population in the project area. Notices should be in compliance with Executive Order 13166: Improving Access to Services for Persons with Limited English. The district should examine the services it provides, identify any need for services to those with limited English proficiency (LEP), and develop and implement a plan to provide those services so that LEP persons can have meaningful access to them. The executive order also requires federal agencies to ensure that recipients of federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.

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Notice Placement in the Newspaper

Placing a notice in the “legal notices” section of newspapers is preferred, and usually costs less than notices in other parts of the paper. However, the “legal notices” section is not read by many. If the “legal notices” section is used, the district should also use leaflets in the project area, temporary signs, and/or media releases.

Other newspaper sections can be used for notices, although the cost may be more expensive. While the cost is greater, notices in other sections are likely to be read by more readers.

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Publication Requirements

For most public involvement procedures, notices should be published approximately 30 days before the meeting/hearing date, and then again 10 days before the meeting/hearing date. Approximate dates are acceptable given the varying publication dates of newspapers.

For public meetings, the deadlines are more flexible if the meeting is planned as limited or more informal.

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Other Forms of Publicity

Other options include temporary signs, leaflets posted in public locations, media releases, notices mailed to residents, etc. The decision on how to publicize public involvement should be based on the most effective ways to get public input.

The district PIO is a good resource for developing ways to publicize projects.

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Format for the Opportunity for Public Hearing Notice

The procedure for requesting a public hearing should be explained in both 30-day and 10-day notices and should include the following information:

Opportunity For Public Hearing Notice Format

1

Identify TxDOT as the agency proposing the project and reference any cooperating local governments and/or cooperating agencies, if applicable.

2

Describe the proposed project:

  • highway number(s),local names
  • project termini
  • type of facility - number of lanes
  • counties, cities and/or communities affected.
3

Describe the existing and proposed right of way widths, including anticipated displacements.

4

Include reference to maps, drawings, environmental documents or studies and any other information and views received about the proposed project on file and available for public inspection. Provide copies at the district and area office.

5

A statement that maps and/or drawings showing the project's location and geometric design are on file with the city and/or county.

6

A statement concerning the potential for relocating residents or businesses and the availability of relocation assistance for those displaced.

7

If relocations are involved, information about TxDOT's Relocation Assistance Program that provides benefits and services for those displaced. Information about the tentative right of way acquisition schedule can be obtained from the district and/or area office.

8

If relocations are not involved but additional right of way is required, a statement to that effect should be included (see note below).

9

A statement that the tentative construction-schedule can be obtained at the district office.

10

A statement that any citizen can request a public hearing by submitting a written request to the district office. The deadline for requests should be stated as 30 days following the first publication date.

11

Include the address of the district/area engineer's office.

12

If the proposed project or one of the alternatives is located in or has the potential to be located in a wetland, the notice should state that.

13

If a project encroaches on a floodplain, a statement to that effect should be included.


NOTE: “Although additional right of way is required, no houses or businesses will be displaced. Information concerning services and benefits available to affected property owners and information about the tentative schedule for right of way acquisition can be obtained from the district office.”

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Formatting the Public Hearing Notice

The following statements or information must be included in the public hearing notices:

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Order

Topic
1

Identify the date, time, and location of the public hearing. Include TxDOT sponsorship and any cooperating agencies.

2

Describe the proposed project

  • highway number(s)
  • project termini
  • type of facility - number of lanes
  • counties, cities and/or communities affected.
3

Describe the existing and proposed right of way widths, including anticipated displacements.

4

Include reference to maps, drawings, environmental documents or studies and any other information about the proposed project that is available for public inspection and copying at the district and/or area office.

5

A statement that maps and/or drawings showing the project's location and geometric design are on file with the city and/or county.

6

A statement concerning the potential for relocation of residences and businesses and the availability of relocation assistance for displacees.

7

If relocations are involved, a statement including information about TxDOT's Relocation Assistance Program, benefits and services for displacees; and information about the relocation assistance office. Information about the tentative schedule for right of way acquisition can be obtained from the district and/or area office.

8

A statement that oral and written comments may be presented for a period of 10 days after the hearing and the address where written comments may be submitted.

9

A statement that the tentative construction-schedule can be obtained at the district office.

10

If a project encroaches on a floodplain, wetland or a sole-source aquifer recharge zone, a statement to that effect should be included in the notice.

11

A statement that persons with special communication needs shall be accommodated. See note below for suggested wording.

12

Include an 8 ½ x 11” location map.


NOTE: Suggested wording for special accommodations: “Persons interested in attending the hearing who have special communication or accommodation needs are encouraged to contact the district public affairs officer (or other designated person) at (telephone number) at least two days prior to the hearing. Because the public hearing will be conducted in English, any requests for language interpreters or other special communication needs should also be made at least two days prior to the public hearing. TxDOT will make every reasonable effort to accommodate these needs.”

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Notice of Availability FEIS

Following FEIS approval, a notice of availability must be published in local newspapers. (See sample notice used for the availability of EA). See sample notice of availability FEIS in Section 6 to view a sample of FEIS notice of availability.

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Media Releases

Media releases can be used any time to publicize meetings or other information about projects.

Once the public involvement process is complete, project planning and development decisions are to be publicized through press releases to inform the public about the project. Any changes to a transportation project may require additional public involvement.

The district PIO can assist in the development and distribution of press releases.

See sample press release in Section 6.

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Notice of Construction

The district will send a notice of impending project construction to landowners abutting the roadway within the project limits, local governments and public officials

Projects that involve the addition of at least one-travel lane or construction on a new location require notices of construction. At a minimum, tax rolls should be consulted for identifying property owners. Other methods, such as city directories, etc., may also be used to identify landowners.

The notice should be sent at least 90 days prior to the proposed letting date. An example form is located in Section 6.

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