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Section 2: Types of Public Involvement Procedures

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Overview

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Type

Description

meetings with affected property owners (MAPO)

Held with property owners affected by minor or temporary projects. MAPOs may occur at any stage of the project development process.

public meeting

Held at any stage for any type of project during planning and development to inform the public and to provide a forum for the free exchange of project views and concerns.

opportunities for public hearing

Determines the need for public hearing. This is a minimum requirement for projects requiring acquisition of significant amounts of new right of way, those requiring a substantial change in layout or function if the roadway or connecting roadways, or requiring measurable adverse impact on abutting real property. However, prior to the opportunities for public hearing, MAPOs or public meetings may be held as appropriate. Opportunities for public hearing are afforded after ENV and, if appropriate, FHWA have determined that the document is satisfactory for further processing.

public hearing

Held for EIS-type projects that cause significant changes in the environment. May also be held for any other project type, as appropriate. Public hearings are held after ENV and, if appropriate, FHWA has determined that the document is satisfactory for further processing. For EISs, the public hearing is held after FHWA approves the DEIS.



NOTE: Public involvement procedures should be conducted in compliance with Executive Order 13166. When people with limited English proficiency (LEP) are encountered, the district should provide bilingual notices, translators, and allow LEP populations meaningful access to project plans.

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Meetings with Affected Property Owners (MAPOs)

The following topics should be considered when conducting

meetings with affected property owners (MAPOs, also referred to as limited public meetings):

  • when required
  • format and content
  • location
  • documentation/completion requirements.
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Format and Content

Due to the informal nature of MAPOs, the format and conduct should be tailored to the individual project, allowing for ample time for public questions and comment.

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Purpose of Public Meetings

Public meetings are held to inform the public and provide a forum for a free exchange of project views and concerns. There is no limit on the number of public meetings that can be held for a project.

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Advantages of Holding Public Meetings

A public meeting can measure public attitudes regarding project development and can be formatted to suit individual projects and anticipated audiences.�

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Situations Requiring Public Meeting

Public meetings may be held at any stage during project planning and development to inform the public and provide a forum for a free exchange of project views and concerns. Public meetings occur as early as TxDOT determines it feasible to assure public input in project planning, location, and design alternatives. Public meetings must be held during the preparation of any DEIS.

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Traditional Format Meetings

A public meeting usually lasts two hours or less, unless there is substantial controversy. To maximize participation, public meetings are typically held on a weekday evening, unless the public prefers another time. Traditional format public meetings are organized in the following order:

  1. convene
  2. presentation
  3. recess
  4. questions and answers
  5. adjournment.
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Open Format Meetings

The open-format public meeting is useful in urban areas, so that people can come and go. There are usually a series of exhibits and district personnel at various stations to answer questions, including a station to take public comments, unless a formal presentation is given. The time frame is usually several hours, and is held on weekday afternoon and early evening hours (5 - 8 p.m., for example).

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Requirements of All Public Meetings

ENV should receive advance notification of public meetings no less than two weeks before the meeting. Notice should be sent to the appropriate project manager.

If public comments are received at the meeting, the district should respond either by letter, newsletter, or by personal contact within a reasonable period after the meeting.

Following completion of a public meeting, a written summary of the proceedings, comments received and recommendations should be forwarded to ENV for review and approval.

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Opportunity for Public Hearing

An opportunity for public hearing is advertised to determine if any interested citizens desire TxDOT to hold a public hearing for a proposed project. The following sections cover various aspects of the opportunity process including:

  • purpose
  • when to afford
  • when not to afford
  • participants
  • if no requests are received
  • if a request(s) is/are received.
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Purpose

An opportunity for public hearing informs the public that a public hearing may be held, on request, for a project [see 43 TAC §2.43 (b)]. An opportunity can only be afforded when an environmental assessment is approved for further processing by FHWA (for federally funded projects), or by ENV (for state-funded projects).

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When to Afford

The decision to afford an opportunity for a public hearing is generally decided upon by a district in consultation with ENV and FHWA (for federally funded projects). If public acceptance and previous public meetings were received with support and public approval, a district may decide to afford an opportunity for a public hearing. If an interested citizen does not request a public hearing, public involvement documentation and process time may be accelerated. Documents classified as EAs may be eligible for an opportunity for a public hearing.

NOTE: An opportunity for public hearing is appropriate for projects in which there is no controversy on environmental or technical grounds. If even a moderate amount of controversy exists, the district should consider holding a public hearing.

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When Not to Afford

If a project requires the taking of public lands designated as parklands, recreational areas, scientific areas, wildlife refuges or historic sites, an opportunity for a public hearing may not be afforded. State law (Vernon's Code, Chapter 26.002 of the Parks and Wildlife Code), requires that a public hearing be conducted (see section on public hearings for notice publication procedure).

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Participants

The district is responsible for the following:

  • The notice must be submitted at least two weeks in advance of the first date of publication in the newspaper.
  • Community leaders, agencies, groups, and individuals with an interest in the subject
  • Each landowner abutting the roadway within the project limits. 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. Where there are multiple location alternatives, the district will send notices to abutting property owners for all location alternatives.
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Publishing a Notice Affording an Opportunity for Public Hearing

Notices should be published in newspapers having general circulation in the vicinity of the proposed undertaking at least 30 days in advance of the deadline for submitting a written request to hold a public hearing. A second notice should be published at least 10 days before the deadline. The procedure for requesting a public hearing should be explained in the notices. In areas where there is a significant Spanish-speaking community, notices should also be published in a local Spanish-language newspaper.

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If No Requests are Received

If no requests for public hearing are received by the deadline, the district will submit a certification to that effect signed by the district engineer or his/her designee.

The certification must include the following statements:

  • An opportunity has been afforded the public to request a hearing covering the project's location and design and no request for a public hearing was received.
  • The economic and social effects of the project's location and design and its impact on the environment have been considered.
  • In determining economic, social, and environmental effects, the statutory provisions of the Civil Rights Act of 1964 have been considered.
  • The project's consistency with the goals and objectives of urban planning as dictated by the community has been considered.

    NOTE: If a community is involved that does not have a known plan of development, this should be noted in the submission and the certification modified as necessary.

For a sample public hearing certification, refer to Section 5, Sample Forms.

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If Requests Are Received

The district may choose to contact the requestors if it feels it can satisfy their concerns without holding a public hearing. If the concerns of the requestors can be satisfied, the district should obtain a letter signed by the requestors stating that the hearing request was retracted. The letter needs to be included with the certification submitted to ENV. The certification should state that a request was received, but was retracted after concerns were addressed and satisfied.

If the concerns of the requestors cannot be satisfied, a public hearing must be scheduled and held.

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Public Hearing

Public hearings are held to present project alternatives [see 43 TAC §2.43 (b)(2)(D)]. They also serve to encourage and solicit public comment on the location, design, and environmental analyses of a project.

A public hearing occurs when:

  • The roadway function changes substantially.
  • The project has a significant amount of public controversy.
  • The project is a high-profile project.
  • An EA is approved for further processing by FHWA for a federally-funded project or by ENV for a state-funded project.
  • A DEIS has been approved by FHWA or ENV.
  • A request for a hearing is received as a result of affording an opportunity for a public hearing opportunity, and the requestor's concerns cannot be satisfied without a hearing.
  • A project requires the acquisition of public land designated as a park, recreation area, wildlife refuge, historic site or scientific area, as covered under Section 26.002 of the Texas Parks and Wildlife Code when public land is proposed for taking:
    • State law requires that public hearing notices for the acquisition of public land be published for three consecutive weeks with the last publication not less than one week or more than two weeks before the hearing date.
    • When a project affects publicly protected land, a separate written notice must be provided to the agency with jurisdiction over that land. The notice must be sent at least 30 days before the hearing date.

The following section describes various aspects of public hearings, including:

  • when not required by law
  • public hearings notice format
  • date and time
  • location
  • public hearing procedures
  • public hearing format
  • suggested hearing rules
  • post public hearing events
  • public involvement with SEIS
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Public Hearings Notice Format

For a sample of public hearing notice format, refer to Section 5, Sample Forms.

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Date and Time

Hearings should be scheduled on weekday evenings, unless the public prefers another time. If there is a significant civic activity planned for a certain day, then the hearing should be scheduled when there is not a conflict.

While an open-forum public hearing is not allowed under TxDOT’s legislative mandate, the district can schedule an open-forum time for people to come in, review the exhibits and ask questions prior to the convening of the actual public hearing.

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Participants

The district is responsible for the following:

  • Submit to ENV an 8 1/2" x 11" project location map attached to the notice for submission.
  • Notify community leaders, agencies, groups, and individuals with an interest in the project.
  • Notify each landowner abutting the roadway within the project limits. 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 property owners. Where there are multiple location alternatives, the district will send notices to abutting property owners for all location alternatives.
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Location

The location of the hearing should be carefully selected for appropriate size, effective public address systems, and adequate room for exhibits. The location should also have adequate public parking and accessible entries. For example, public schools and civic auditoriums are often good locations for hearings.

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Public Hearing Procedures

A registration area should be set up outside the public hearing room, where people can register, sign up for oral comments, and ask general questions. For small hearings, one TxDOT staff person will suffice, for larger hearings, two or three employees may be required.

A professional court reporter should be on hand for the hearing, and the hearing room should include an area close to the microphones for the court reporter to sit. District personnel should be on hand to explain the exhibits and to answer questions. A district employee must serve as the hearing officer.

NOTE: A professional court reporter is used to certify the public hearing transcript as verbatim. If a TxDOT employee is certified as a court reporter and has the necessary transcribing equipment, then that employee can provide a verbatim transcript. However, the use of a tape recorder and hand dictation is not an acceptable alternative.

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Public Hearing Format

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Order

Topic

1

convene hearing:

  • make introductions
  • state purpose of hearing
  • state that the public has 10 days following the hearing to submit written comments

2

review hearing procedures and agenda

3

discuss the state-federal-local governmental relationship

4

present proposed project, including:

  • alternatives
  • major designs
  • right of way

5

discuss environmental document

6

recess for about 30 minutes to

  • view displays
  • answer individual questions

7

reconvene

8

public testimony

9

discuss project advancement time frame

10

restate where to send comments (within 10 days of hearing)

11

adjourn


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Hearing Rules

Hearing rules are dependent on the anticipated number of speakers. You may consult with the district public information officer for suggestions, including how to set up the hearing room.

  • Allow adequate time for public comment. Limit speakers to three to five minutes for comments if there are a substantial number of people signed-up to make oral comments.
  • State the ground rules for public comment, such as one speaker representing a group, agency, association, etc.
  • State whether or not elected officials will speak first.
  • Testimony questions are not answered or commented on during the hearing itself. Testimony at hearings is addressed the same way as written comments after the hearing.
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Post Public Hearing Events

The following are the five stages of post public hearing events:

Stage 1. The public may submit written comments to the district for 10 days following the public hearing.

In response to written comments, the district should send an acknowledgment letter to the commenter.

If the district receives a petition regarding a project, the district should send an acknowledgement letter to the person who submitted the petition.

Stage 2. The district responds to all comments received. In response to written comments, the district will send an acknowledgment letter to comment submitters.

Stage 3. The district forwards the following documents to ENV:

  • Two copies of the verbatim public hearing transcript.
  • A separate certification page, signed and dated by the district engineer or his/her designee, certifying that:
    • A public hearing was held.
    • The economic and social effects of the project location, design and impact on the environment have been considered.
    • The statutory provisions of the Civil Rights Act of 1964 were considered in determining economic, social and environmental effects.
    • The project is consistent with the goals and objectives of urban planning, as promulgated by the community.
  • A summary and analysis of the hearing, and all comments received during and after the hearing.
  • A comment and response report includes:
    • Responses to all comments received during the public hearing and those received up to 10 days following the hearing. The responses should explain the district’s decision. Similar comments can be grouped together with one response.
    • Positive comments can be responded to with a "comment noted" response.
    • Recommendations to proceed with, modify or defer the project based on the summary and analysis of views or other reasons.

If revisions are made as a result of any comments received during and up to 10 days after the hearing, a revised environmental document or revised pages must be submitted to ENV.

Stage 4. ENV reviews public hearing documentation and the revised environmental documentation. If additional resource agency coordination is necessary, ENV will initiate it.

Upon completion of any necessary coordination, the revised document and public hearing documentation is forwarded to FHWA for review and approval. For state-funded projects, ENV will review and approve.

Stage 5. If no revisions are necessary, ENV will review and approve either the opportunity for public hearing certification or the public hearing documentation, or for federally funded projects, forward the documentation to FHWA for their review and approval.

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Public Involvement with Re-evaluation

The following actions should be undertaken for public involvement. For more information on re-evaluations, refer to Chapter 3.

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If changes are…

Then the type of public involvement suggested is…

minor or cosmetic

none

small change in right-of way requirements

MAPOs

larger changes to right-of-way requirements

public meeting or hearing (whichever is appropriate)

changes in access (ramp configuration)

public meeting

major changes to design, scope, or anticipated environmental effects

formal public hearing (FHWA/ENV approval of SEIS is contingent upon completion of the public hearing process



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