129.6 Public Hearing

Glossary Definition
Public Hearing: 23 U.S.C. 128. A public gathering for the express purpose of informing and soliciting input from interested individuals regarding transportation issues. Federal requirements apply such as a legal advertisement, prescribed time for notice before the hearing, and full account of all comments and response to comments.
● A formal hearing consists of an opening statement, a period for statements and questions from the public, and a closing statement. 
● An open house format public hearing is one where the public can come and go and are able to ask questions of project representatives as well as a station where public comments can be officially recorded. Visual aids, display and handouts are often provided.
● Required for significant amounts of right-of-way, substantially changes the layout or functions of connecting roadways or of the facility being improved, has substantial adverse impact on abutting property, other has a substantial social, economic, environmental or other effect, or for which FHWA determines that a public hearing is in the public interest.

Public hearings have federal requirements, such as a legal advertisement, prescribed time for notice before the hearing, and a full account of all comments, along with the department’s response to those comments. Public hearings or opportunities for a public hearing are required for any Federal-aid project that “requires significant amounts of right-of-way, substantially changes the layout or functions of connecting roadways or of the facility being improved, has substantial adverse impact on abutting property, otherwise has a significant social, economic, environmental or other effect, or for which FHWA determines that a public hearing is in the public interest.” (Refer to 23 CFR 771.111).

Formal public hearings consist of an opening statement, a period for statements and questions from the public, and a closing statement. The following is a list of actions and statements that take place at all formal public hearings:

Buck O'Neil Bridge Public Hearing

• The public hearing is conducted in a business-like manner, with questions answered as completely and unbiased as possible.
• The following statement will be made at all hearings: "This project is being processed in accordance with federal rules and regulations. Plans will be subject to review by FHWA. If federal funds are used in right of way acquisition and/or construction, the percentage of federal funds used will be in accordance with current regulations".
• The tentative schedule of right of way acquisition and construction is mentioned. It is limited to a statement that once design approval is received, the department will proceed with design and right of way acquisition and construction will take place when funds are available. A statement is included that the improvement under consideration is on the State Transportation Improvement Program (STIP).
• Projects requiring a public involvement hearing due to facility expansion of a route must have a presentation of the proposed acquisition plan for the attendees and provide the “Pathways for Progress” brochure and “Residential Relocation Brochure” or “Business Relocation Brochure”. The "Pathways for Progress" brochure explains the various steps in acquisition of property required for a highway project. If the proposed project is approved, you may be contacted by a representative of the department at the beginning of the acquisition process and all features in this brochure will be discussed in detail with each property owner.
• In the event the project requires relocations services, the public will be informed regarding the relocation assistance procedures and the process involved in relocating. The “Business Relocation Brochure” or “Residential Relocation Brochure” explain relocation benefits for displaced property owner(s) in detail to prepare for the individual meetings with MoDOT staff. In addition to this statement, it is necessary to discuss the number of individuals, families, businesses, etc. that may be relocated by the project under consideration; and whether studies indicate there is adequate replacement housing available. If sufficient comparable replacement housing is not available, we must indicate that we are committed to provide last resort housing. It is also necessary to state that no one will be displaced from their residence unless an appropriate replacement dwelling is available or provided.

Informal or “open house” type of Public Hearings is a style that is in an easy-to-navigate space where the public can come and go at their convenience. The “open house” style allow members of the public to discreetly ask questions and talk with project representatives about their needs, concerns, and ideas. Visual aids, displays, and handouts are often provided as well as a station where public comments can be submitted for consideration. Open house meetings can be effective for introducing a proposed project to the public and stimulating an exchange of ideas.

The following is a list of possible displays and/or handouts to inform the public about a project at the public hearing:

• The proposed project’s purpose and need, goals, objectives and problems or solutions.
• Communicate the potential project impacts to the community and the efforts that would be made to minimize and/or mitigate those impacts (see 23 CFR 771.111(2)(v)).
• Information such as crash data, structural deficiencies, and capacity problems.
• Proposed project schedule.
• Projects requiring a public involvement hearing due to facility expansion of a route must have a presentation of the proposed acquisition plan for the attendees and provide the “Pathways for Progress” brochure and “Residential Relocation Brochure” or “Business Relocation Brochure”. The "Pathways for Progress" brochure explains the various steps in acquisition of property required for a highway project. If the proposed project is approved, you may be contacted by a representative of the department at the beginning of the acquisition process and all features in this brochure will be discussed in detail with each property owner.
• In the event the project requires relocation services, the public will be informed regarding the relocation assistance procedures and the process involved in relocating. The "Business Relocation Brochure” or “Residential Relocation Brochure” explain relocation benefits for displaced property owner(s) in detail to prepare for the individual meetings with MoDOT staff. In addition to this statement, it is necessary to discuss the number of individuals, families, businesses, etc. that may be relocated by the project under consideration; and whether studies indicate there is adequate replacement housing available. If sufficient comparable replacement housing is not available, we must indicate that we are committed to provide last resort housing. It is also necessary to state that no one will be displaced from their residence unless an appropriate replacement dwelling is available or provided.

129.6.1 Advertisement for Public Hearing or Opportunity for a Public Hearing

Notices concerning public hearings will be published as a legal notice in a newspaper having general circulation in the vicinity of the proposed project. Additional paid advertisements are encouraged to ensure maximum public input. Notices of public hearings shall have a description of the project, specify the date, time and location of the hearing as well as where to find the project documents for viewing. Refer to 23 CFR 771.119(d-f) and (h) and EPG 129.4.3 Environmental Assessment (EA) for timelines related to an EA.

The public hearing is to be held at a place and time generally convenient for persons affected by the proposed undertaking and close to the project location. In addition to publishing a notice of public hearing, the district provides news releases to the newspaper and social media at the same time as the official notice is published and again approximately 5 to 12 calendar days prior to the date of the hearing. The district will also place the news release on their website. The news releases generally contain the same information included in the official notice. An email notification is sent through e-updates or other email distribution lists for the proposed project area. The notice shall contain language such as, “if assistance is needed in another language, please contact the (contact listed in the notice) by (date)”),” or something more generic like “We are committed to providing equal access to this event for all participants. If you need a reasonable accommodation, please contact (contact listed in the notice) by (date).” Additionally, if the project area is known to speak a language other than English and the project impacts that population, the district will document how accommodations were made such as disseminated the public notice in that language as well. This information can be found by going to data.census.gov and reviewing table B16001 and C16001 for a specified geographic location and the most recently available survey – either the ACS 5-Year Estimates or latest decennial census data. Additional assistance with this website and the tables can be obtained from MoDOT’s EC Division. The PM can find the latest language contracts at Interpreter and Translation Contracts.

In addition to the news releases, specific notification by letter of meetings is made to impacted property owners, business owners, service providers (sheriff, police, fire, schools, post office, emergency, etc.) community leaders, planning commission representatives, local representatives of state and federal resource agencies and any special interest groups, where they can be present or set up displays if they have projects going on in the area for which public questions are anticipated. The districts maintain a mailing list so interested agencies, local officials, groups or individuals are sent a notice of the public hearing by mail/email.

If the district believes other methods of advertising a public hearing would help increase public attendance, these options should be explored. Options may include direct patron mailings, flyers in public areas, signs erected in the project area or other methods.

If the open house format is to be utilized, this procedure is explained in the notice. The notice of public hearing specifies that maps, drawings, appropriate environmental documents, other pertinent information developed by the department and written views received as a result of coordination with other agencies or groups, will be available for public inspection (CFR 771.119). The notice also specifies this information is available in the appropriate district office and FHWA. If appropriate, the documents can also be placed at some other convenient location such as a courthouse, city hall or library for public inspection and/or copying.

The information is also to be made available on the district’s website. The public hearing information should include pdfs of the materials presented at the public meeting and provide an online comment form option if running concurrent with the hearing.

By federal statute, the notice of public hearing is published a minimum of 15 calendar days prior to the date of the hearing, however, MoDOT prefers to publish the notice 21 days prior to the date of the hearing. The draft notice is sent to FHWA, Design Division Environmental Section, and the core team for approval. The notice shall be included in eProjects, or CR Division Sharepoint site for project documentation.

If, in the judgment of the District Engineer, with input and approval from FHWA, a public hearing is not expected due to unknown events, the district shall advertise the opportunity for a public hearing at the start of the 30-day comment period. Additionally, letters to individual property owners, business owners, service providers (sheriff, police, fire, schools, post office, emergency, etc.) and other interest groups can be distributed. In addition to or instead of the information required for the notices and news releases described above, the notice of opportunity for a public hearing includes instructions concerning how to request a public hearing. All requests for a hearing must be in writing and must be acknowledged in writing by the District Engineer. Any comments requesting a public hearing and how they were addressed will be incorporated into the EA.

This notice is published as either a paid advertising notice or a legal notice, or in a more commonly viewed section of the newspaper and submitted as a news release and other common ways to advertise. This notice advises the public of a deadline for the request for a public hearing and comment period. The deadline for submission of a request to hold a public hearing is 21 calendar days, however, the public may still comment on other aspects of the project for a full 30 calendar day period.

If a request is received, the district may contact the individual to discuss their concerns with the project and potentially remedy the request. The person making the request is allowed 14 calendar days to withdraw their request in writing. A public hearing is held if the request is not withdrawn.

If the district receives no requests for a hearing, they document the opportunity for public hearing notice and certify that no requests were received. The public is still afforded the opportunity to comment during the normal comment period. This documentation and certification is forwarded to the Design Division.

129.6.2 Procedures for Conducting Public Hearings

I-270 Public Meeting

The district conducts the public hearing with assistance from the Design Division. Two procedures may be used to conduct public hearings: the traditional formal speaker-audience format, or the open house format. The selection of format is at the discretion of the District Engineer with assistance from the Design Liaison Engineer and PM and should be based on an analysis of the project’s specific conditions. This analysis must include consideration of minority and low-income populations, with the goal of using a format that proactively engages these populations. The recommended open house format tends to be comfortable for a wider variety of people. The open house format will still require a court reporter on hand to transcribe and record official comments, which then become part of the official transcript. In the event a court reporter is not used, the district shall still be required to document written and verbal comments from the public.

At a public hearing, the following must be provided: project purpose and need; information demonstrating consistency with local urban planning goals and objectives; project alternatives and major design features; social, economic and environmental impacts; relocation assistance program and the right of way acquisition process; and MoDOT’s procedures for receiving written and oral public statements (see CFR 771.111).

Preparation of all exhibits and displays is the responsibility of the district, in coordination with MoDOT Environmental and FHWA, and will be retained for possible use at future meetings. The exhibits of the project area will be of sufficient quality and scale so property owners can clearly identify their property. Multiple sets may also be appropriate if anticipating large crowds. It is recommended that a wide corridor be shown but not design features, since these are subject to change. Additional exhibits showing traffic, crash, environmental, economic, or other data will also be displayed. They should show all known constraints, both environmental and engineering. Typically, these include one display showing all environmental and cultural constraints identified except the archaeological sites, threatened and endangered species and caves. These are considered sensitive information and are not displayed for the public. This display and all meeting materials must be included in the environmental documentation (administrative record, eProjects, RES) as well as a summary, and any written comments and responses provided.

129.6.3 Transcripts

The district is responsible for the preparation of an accurate written transcript of the oral proceedings and verbal input of each public hearing whether formal or open house style. This may include the use of a tape recorder, a court recorder, or any reliable method that will assure a verbatim transcript to record comments from the public. Shorthand notes are not adequate. Recordings are retained as part of the administrative record and kept with the project file. Public comments expressed at the hearing but not recorded will also be noted. One copy of the transcript is prepared in the district office for submission to the Design Division and FHWA.

The transcript is created and saved in eProjects and must also include the following summary contents in this order:

• Executive Summary that describes and discusses issues identified at the hearing or during the open comment period. No recommendations are included in this summary.
• Project information handout
• Double-spaced transcript of any oral hearing proceedings
• Color location map(s) showing the alternate locations presented (location public hearing only) or the location of the recommended design (design public hearing only)
• Data pertinent to statements or exhibits used or filed in connection with the public hearing
• Data pertinent to information made available to the public prior to the public hearing
• Pertinent correspondence
• Copy of all written comments received and substantive comments addressed.

The following material will not be included in the hearing transcript but must still be maintained as part of the administrative record in the project file:

• Data pertaining to newspaper advertising. This covers the descriptive notice as well as letters to newspapers requesting publication of a public hearing notice.
• Informative letters to FHWA.
• Letters to agencies, interested parties and tribes concerning notification of a public hearing and listing of agencies so notified except where Section 4(f) and Section 6(f) lands are affected.
• List of names of people attending the public hearing.
• Plan sheet prints or similar large material bulky in nature unless they can be conveniently included.
• Other data such as copies of letters from the Central Office, listing of information made available to the public prior to the public hearing, etc.
• Preliminary plans used as exhibits at the public hearing.
• Right of way or relocation brochures.
• Additionally, a Commission Backup Form is submitted with the Letter of Transmittal by email from the District Engineer to the Design Division. The Letter of Transmittal and Commission Backup Form are not made a part of the transcript. The Letter of Transmittal addresses any substantive comments from the public hearing and includes the number of people who attended, recommendations, and general project information. The Letter of Transmittal from the District Engineer will also certify that the public hearing was held in accordance with all applicable rules and regulations, and that the department has considered possible social, economic, and environmental effects of the proposed improvement together with its conformity with local planning goals and objectives.

For EA and EIS projects, the Design Division sends FHWA a copy of the transcript so substantive issues to be addressed in the EA decision document or Final EIS can be considered prior to submittal of the document for FHWA's approval. FHWA must approve the FONSI or Record of Decision (ROD) prior to Commission approval of the location. The Design Division will provide a copy of the transcript, with executive summary, to FHWA for their review and comment. No department recommendation will be provided to FHWA at this time. FHWA will provide comments to the department concerning the issues identified as a result of the public hearing. Their comments will be considered in the development of the department's recommendations to the Commission. It is desirable that the submission of the transcript and executive summary to the Design Division be made within a reasonable period (usually less than two months) after the public hearing.

Prior to submitting the transcript to the Design Division, the district makes the transcript and related material available for public inspection and copying at the district office.

The Commission Backup Form and final transcript will be saved in eProjects by the district.

In the event a scheduled public hearing is not held, a letter conveying information pertaining to the scheduled hearing will suffice in lieu of a transcript.

129.6.4 Presentation for Location and Design Approval to the Commission and Commission Actions Needed

Commission approval of the location or design of an improvement is required for the following:

• The location of all projects classified as an EA or an EIS.
• The design of all projects requiring total additional right of way and permanent easements greater than 20 acres in rural areas or 100,000 square feet in urban areas.
• Controversial projects.

Commission policy requires public involvement be carried out for those projects that meet the above thresholds. A procedure governing the presentation of information to the Commission for location or design approval following a public hearing or meeting is stated below. Location, design, and combined location and design public hearing transcripts are submitted to the Design Division through email. The district must receive Commission approval at this stage before further development of the plans can be accomplished.

MHTC Meeting

• The district submits one copy of the transcript or documentation from the public involvement plan, together with the executive summary, Commission Backup Form and location sketch for the Commission exhibit, to the appropriate design liaison engineer in the Design Division.
• The transmittal letter must include the district’s recommendations concerning how to address the issues identified as a result of the public involvement.
• The DLE will then submit the information via e-mail addressed to “Commission Exhibit”.
• For each item placed on the monthly Commission agenda, any conflict of interest for the Commissioners must be established. A Commission property layer is available on TMS maps for easy review (Under STIP and Commissioner Property Detail). A MHTC Agenda Item Checklist must be included for any agenda item for which there is a conflict (i.e., a Commissioner owns property within one mile (1.6 km) of the project). The SIMS Reports: MHTC Agenda Checklist and MHTC Agenda Checklist for Design can be used to identify known property conflicts. Additionally, District Right of Way and Chief Counsel's Office can provide information on potential conflict of interest areas for projects within the district. In the event a possible conflict does exist, the MHTC Agenda Item Checklist identifies the name of the Commissioner and the location of the property of concern. This information is provided for the Commission Secretary and Chief Counsel's Office use. If no conflicts exist, the e-mail must indicate that no conflict of interest exists.
• To properly schedule hearing information for presentation to the Commission for design approval, the district will provide the information to the Design Division according to the Commission meeting schedule requirements. This will allow for a two working-day review and ensure the item has been thoroughly discussed before it is placed on the Commission agenda.
• If a difference of opinion develops between the Design Division and the district concerning recommendations to the Commission, the director, the chief engineer, or the asst. chief engineer will be consulted to reach consensus. The recommendation provided to the Commission indicates the department’s formal determined position and not that of a single district or division.
• With the information received from the district, the Design Division will ensure the item is placed on the Commission agenda and Commission backup is provided to the Commission. Based upon this information, the Design Division will place the item on the regular or consent portion of the meeting agenda. In doing so, a consistent format will be maintained for the Commission's benefit.
• When the item is placed on the Commission's regular agenda (because of controversy or public interest), the District Engineer will attend the Commission meeting and present the item for approval. If the item is placed on the Commission's consent agenda, it is preferred the District Engineer attend the meeting to answer questions from the Commission in the event it is transferred to the regular agenda.

Following Commission action, the Design Division will prepare the necessary Commission minutes.

After the Commission has approved the location of the proposed improvement, design beyond preliminary design of the project may continue. FHWA must approve the FONSI or ROD prior to Commission approval of the location. After the Commission has approved the design of the proposed improvement and the District Engineer has approved right of way plans developed in accordance with EPG 236 Right of Way, acquisition of right of way may begin.