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129 Public Involvement

129.1 Environmental Justice, ADA, LEP and Title VI

129.2 The Public Involvement Plan (PIP)/Communication Plan

129.3 “Virtual” Public Involvement (VPI)

129.4 Public Involvement Based on Environmental Document Type

129.5 Public Meetings

129.6 Public Hearing

129.7 Noise Wall Public Meeting and Voting

129.8 Section 4(f) Lands

129.9 Section 106 and Tribal Consultation

129.10 Railroads

User:Hoskir/Revision Request 4264

129.11 Public Involvement for Storm Water

129.12 Glossary of Terms

Statewide Planning Partner Meeting

Figures

● Sample Commission Exhibit 1

● Sample Location Study Display

Forms

● Sample Letter Advertising a Public Hearing

● Sample Notice 4F

● Sample Notice of Public Hearing

● Sample Opportunity for a Public Hearing/Meeting Notice

● Sample Public Involvement Plan or Communication Plan

● Sample Request for Approval of Location and/or Design of Highways to State Design Engineer

● Sample Request for Approval of Location to the Commission

● Sample Transcript

Missouri Department of Transportation (MoDOT) works to communicate important information to the public, media, employees, stakeholders, and other department customers through a variety of methods, including news releases, publications, special events, and social media sites.

Missouri’s citizens expect an active voice in the location and design of transportation facilities. They recognize the important role transportation has in their life as well as the vitality of their communities. Existing transportation facilities, particularly transportation improvements, have a direct impact on the social, economic, and environmental resources of Missouri’s communities. As a result, MoDOT values the public’s input on transportation improvements and has established various methods to gather this feedback.

Some of these methods include:

• Identification and Prioritization of Needs through The Planning Process
• Public Hearings
• Public Meetings
• Direct mailings or contact with individuals impacted
• Virtual Public Involvement

In addition, MoDOT provides useful information to Missourians concerning the operation and maintenance of the highway system. This information is available from the following sources in addition to others:

• www.modot.org
• Traveler Information Map (TIM)
• E-updates
• Changeable message boards
• Customer Service Centers (1-888-ASK MoDOT)
• Work Zone Status
• Road Condition Report
• Social media

The development of quality transportation improvements depends on early, frequent, and continuous involvement of the public in project decisions. Additionally, real time information about the State’s highway system allows the traveling public to use it efficiently.

The public frequently questions not only the design and physical features of a project, but also its basic premise (the purpose and need) and assumptions (e.g., the range of alternatives) as identified by MoDOT.

Public involvement allows MoDOT to gather real, valid input on transportation needs and to work with customers to refine solutions that meet those needs.

The following guidelines for public involvement are not to be viewed as all-inclusive. Instead, they outline the minimum level of expectations for public involvement, with each individual effort matching the specific needs of the project and the community involved. The specific needs of the project should be documented in a public involvement plan (PIP).

Sponsors of Local Public Agency (LPA) projects must also follow the guidelines in EPG 129, using the Request For Environmental Review (RER) for documenting their public involvement and outreach efforts.

Table 129, Public Involvement by Type

Public involvement is required for every project
Minimum Requirement for:	Public Involvement Method	Required Documentation (if applicable)	Responsible Individual(s)1
Programmatic Categorical Exclusion (PCE)	Routine methods such as social media, news releases, opportunity for meetings, etc.	Public notices, news releases, meeting notes, Comments/responses, sign-in sheets	PM, CR, CM
Documented Categorical Exclusion (CE2)	Routine methods such as social media, news releases, opportunity for meetings, etc.	Public Involvement Plan (PIP), Public notices, news releases, meeting notes, Comments/responses, sign-in sheets	PM, CR, CM
Some CE2s, Environmental Assests (EA), Environmental Impact Statement (EIS)	Pre-Location Study Meeting	Public notices, presentations, studies or documents made available, Minutes, comments, responses, sign-in sheets	PM, CR
Some PCEs, CE2, EA, EIS	Location Public Meeting	Public Involvement Plan (PIP), Public notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR
Some PCEs, CE2, EA, EIS	Design Public Meeting	Public Involvement Plan (PIP), Public notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR
EA, EIS	Agency Scoping Meeting	Public Involvement Plan (PIP), Notices, presentations, studies or documents made available, Minutes, comments, responses, sign-in sheets	PM, CR
≥20 acres new RW or permanent easements for rural, ≥100,000 square feet new RW or permanent easements for urban2, EA (if applicable), EIS, Long Range Plan {CFR 771.111(h)(2)(iii)}	Public Hearing (Commission Policy, FHWA policy)	Notices, presentations, studies or documents made available, minutes, transcript, sign-in sheets	PM, CR
Discretion of the District Engineer	Public Meeting	Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR
Impacts (not significant or adverse EPG 129.8) on historic properties, parks, recreation areas, and wildlife and waterfowl refuges	Section 106, 4(f)3, and 6(f)	Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR, DE-ENV/HP
Noise impacts where noise abatement is reasonable and feasible	Noise Wall Public Meeting	Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR, DE-ENV/HP
1 PM: Project Manager; CR: Communications Division staff; CM: Construction and Materials staff; DE-ENV/HP: Design Division Environmental and Historic Preservation staff
2 "Urban" is defined as within a U.S. Census Bureau designated urbanized area or an urban cluster.
3 Requires special statements in the public notice. Coordinate with MoDOT Environmental Section.

Public hearings and public meetings are forums for providing information on proposed projects, their anticipated impacts, and for receiving citizen comments. Both are used to comply with the Missouri Highways and Transportation Commission's desire to furnish the public with general information and to allow the public to express their opinions regarding highway matters. Information related to the impacts of a proposed action can also be gathered. Federal transportation policy requires public involvement in the development of the purpose and the range of alternatives to be considered for EAs and EISs. The National Environmental Policy Act (NEPA) and FHWA regulation 23 CFR 771 require one or more public meetings or opportunity forum(s) for the public to participate. The Commission directs MoDOT to conduct “location and design” public involvement to gather public comment.

All work involving interaction with the public should start with working with the district Communications Team to go through the Public Involvement (PI) plan template (EPG 129.2. This document will help focus and organize the PI needs of the project. This is an ongoing process and will need continuous updating over the life of a project from early planning phases to construction completion. The Communications Team is most familiar with the process and basic PI requirements.

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129.1 Americans with Disabilities Act (ADA) Title VI protected populations

Early in project development, the Project Manager (PM) shall assess whether the methods of public involvement chosen for a particular project are reasonable for the project, whether they adequately reach the proper constituents, whether there are minority, or limited English proficiency (LEP) discrimination concerns, and whether the methods would adequately provide the needed information and afford the opportunity for the public to provide feedback. Minority and LEP populations are defined by Title VI. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. If there are questions concerning the participation of minority and disadvantaged populations, contact the Environmental Specialist in the Design Division who is the resource for socioeconomic issues on project development. For CE2, EA or EIS classification level projects, the Request for Environmental Services (RES) can provide a resource for the PM to help identify minority and LEP populations in the project area to help determine the type and degree of public outreach that could be needed. Information on the community impact assessment process is found in EPG 127.3. The first step is to identify populations of people interested in the project and those who could be impacted by the project, then determine which outreach methods would be most effective. The PM should work with the Area Engineer and use existing information such as from the Conceptual Study Report (CSR), if developed, to help identify the area impacted by the project.

The process for identifying interested people/populations impacted by the project should be documented in the PIP and housed in MoProjects. The PIP is developed by the PM or district staff, or the project consultant, if tasked with public involvement for the project, and approved by MoDOT staff. It may become necessary to revise the PIP as the project evolves, conditions change, oppositional groups emerge, or new issues arise. It is prudent to complete an LEP analysis, similar to the Community Impact Assessment process outlined in EPG 127.3.1.3, and review it for protected populations early in the planning phase, when the PIP is developed, to identify stakeholders, affected public, and whether targeted outreach to underserved populations are needed. Then appropriate outreach efforts can be planned for these populations and budgeted appropriately.

Effectively reaching underserved populations may require significant staff time and resources, and special efforts or innovative methods may need to be used to ensure the inclusion of affected community members. This is especially important for underrepresented groups, such as minority and LEP groups, and in communities where a significant percentage of the affected population does not speak or understand English. Consider the need for translators, interpreters, and written materials in languages other than English. Innovative methods to involve minority and LEP sectors of the community, as well as senior citizens, disabled persons, and other interested groups such as economic developers, Metropolitan Planning Organizations (MPOs) and Regional Planning Commissions (RPCs), and historical and environmental groups, should also be explored. Such methods could include house-to-house contacts; providing bulletins at kiosks; meeting with community groups, church organizations, community minority liaisons, local grocery stores, and libraries; placing notices in the newspaper and using other media outlets which cater to these groups. Accommodations should also be made for non-English speaking community members and those with language barriers, such as deaf populations.

The meeting location selected shall be in compliance with the ADA. Special attention should be paid to whether there is access to public transportation, and whether there is a safe and reasonable walking distance to the meeting without obstacles such as crossing active railroad tracks or busy highways.

These efforts shall be documented for inclusion in environmental documents such as the RES, CE2, EA, EIS, or in project files in MoProjects, and for department wide Title VI compliance.

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129.2 The Public Involvement Plan (PIP)/Communication Plan

Early in the project scoping process a Public Involvement Plan (PIP) should be developed that is appropriate for each project. A PIP is a strategy document that guides outreach activities for a project. It helps to establish the schedule, methods, and locations for public outreach and assists with determining project stakeholders. For Programmatic Categorical Exclusion (PCE) (rare) and CE2 classifications (required), the PIP is often developed by the PM, district staff including Communications staff (CR Division), and/or project consultant, if applicable, and approved by MoDOT staff (PM, CR, etc.). The project core team (EPG 104.1) typically develops the PIP for larger, more complex projects, especially those requiring an EA or EIS, which are approved by FHWA. The nature and complexity of the project along with the core team’s specialized knowledge of any sensitive issues within the project area will determine the best course of action to gain public input into the development of the project’s scope (EPG 104.8). After identifying potentially affected populations and the issues they may have with the proposed project, this information can be compiled in the PIP (see sample above). It may become necessary to revise the PIP as a project evolves, conditions change, oppositional groups emerge, public controversy develops, or new issues arise. The size, scope and complexity of a project will help determine the extent of outreach and engagement for a project and whether a project requires a more formalized and comprehensive PIP. The PIP becomes part of the official project record and should be uploaded to the RES or to MoProjects as evidence of planned public involvement.

Early screening of demographic data can help identify members of the public who should be involved. After determining who to involve, a variety of outreach methods can be selected to encourage the most effective public involvement. During public outreach the following could be involved:

• Adjacent property owners and tenants
• Minority populations
• Cooperating and participating agencies (NEPA Glossary)
• Local, state, and federal government staff and elected officials
• Community groups such as clubs, civic groups, business groups, environmental groups, labor unions, disability advocacy groups, and churches
• Schools/school districts
• MPOs/RPCs
• Commuters and the traveling public
• Law enforcement and emergency/first responders
• Utility service providers
• Adjacent billboard owners and clients
• General public and others known to be affected
• Others expressing interest.

The following are examples of common outreach methods that can be identified in the PIP:

• Virtual Public Involvement (VPI) meetings
• Public and open house meetings
• MoDOT project e-mail alert lists
• Project newsletters
• Drop-in information centers or booths
• Surveys or questionnaires
• Advisory committee and group meetings
• Public hearings
• Design workshops/charettes
• Direct mail/email
• Meetings with public officials
• Individual (one-on-one) meetings
• House-to-house contact
• Meetings with community groups
• Social Media
• Project website/news releases
• Established media relations and contacts
• Telephone hot lines

In addition, MoDOT provides information to the public about traffic impacts as part of its Transportation Management Plan (TMP) for projects (EPG 616.19.6.6). MoDOT also provides general work zone information to the public through various outlets. These include, among other things, publication of a statewide work zone map and work zone safe driving tips, posting of current work zone locations and conditions to the internet, promotion of Work Zone Safety Awareness Week, and advertisement of work zone safety-related messages via radio, television, electronic message boards along the roadway and billboards. These details can also be incorporated in the PIP.

The example PIP or a more detailed plan shall be utilized on all CE2, EA, and EIS classified projects. Use of a PIP on all other projects should be evaluated by the core team members of that project individually depending on the needs of that project.

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129.3 “Virtual” Public Involvement (VPI)

A “virtual” public event is one that is held online, in which members of the public attend the meeting and participate remotely. A virtual public event may be held in the following two situations: (1) as a supplement to an in-person public meeting or hearing, or (2) as a substitute for an in-person public meeting for emergency situation and beyond, as defined at EPG 129.12 Glossary of Terms. The following process is designed to provide guidance when a public meeting is required. This process can be adapted to fit the needs of the project.

Public hearings or opportunities for public hearings are required for EISs and for projects that require substantial amounts of new right of way as (defined under EPG 129.5.3.3 Design Public Meeting).

Notice of a virtual public event must comply with the requirements in EPG 129.6.1 Advertisement for Public Hearings or EPG 129.5.1 Advertisement for Public Meeting or the Opportunity for a Public Meeting and EPG 129.6.2 Procedures for Conducting Public Hearings or EPG 129.5.2 Procedures for Public Meetings depending on the requirement. This shall include the requirement to develop and implement strategies to address minority and LEP where such populations are identified in the project area. Consultation with FHWA may be appropriate. Notice of a virtual public event must also include the following:

• Clear instructions about how to attend and participate in the virtual portion of the public hearing (providing a specific webpage);
• An explanation of how the virtual public event will be conducted; and
• A statement that members of the public may, as an alternative to logging-on to the virtual portion of the public hearing, call or email district or project staff to ask questions about the project, access project materials, and submit public comments via email or letter.
• Participants in a virtual public event may be asked to enter their name and email address when commenting on a project or when asking to be added to a project contact list.
• A virtual public event must present the web address for a website where project materials will be posted for public viewing during and after the virtual public event.
• A virtual public event can include a presentation in accordance with EPG 129.6.2 Procedures for Conducting Public Hearings. The presentation will include both audio and visual components. The presentation must indicate that participants may submit comments via email or letter or some other method. The presentation may be pre-recorded and uploaded for viewing at the scheduled public hearing time, and thereafter.
• A best practice is to set up a MoDOT project email address specific to that project to receive comments.
• Closed captioning should be used in all virtual meetings.
• The presentation must explain to participants in the virtual public event that they may call project staff during regular office hours or email project staff to ask questions about the project at any time in the project development process.
• Following the presentation, the virtual public event can include a comment period for members of the public to call a telephone number to verbally provide testimony.
• Strategies for communicating with LEP populations and those with language barriers such as deaf populations during the virtual events must be developed, including providing interpreters, if needed or requested, if that is the only public involvement that will be conducted.
• A transcript of the presentation given in the virtual public event must be prepared if the event is substituted or is a component of a hearing.
• To the extent it is technologically feasible, the virtual public event should be recorded and posted online until at least the end of the allotted comment period. See the paragraph immediately following for further guidance on recording and posting.
• Following a virtual public event, the post-event activities set forth in EPG 129.6.2 Procedures for Conducting Public Hearings and EPG 129.6.4 Presentation for Location and Design Approval to the Commission and Commission Actions Needed will apply.

If a virtual event is recorded, the recording is then an open record under the Sunshine Law and must be retained according to the records retention schedule. Privacy concerns can be alleviated by announcing verbally, during the beginning of the virtual event, that the event is being recorded and will later be available at a predetermined location or by request. Additionally, a disclaimer at the beginning of the video should state that the opinions expressed during the event do not necessarily reflect the opinion of MoDOT or the Commission (or consultant) and do not necessarily constitute MoDOT or Commission policy.

Selecting VPI Tools

Consider the needs of residents, commuters, and stakeholders when selecting VPI tools. Use familiar channels to inform the public about opportunities to comment and how to receive and view information. If possible, collect or request contact information and follow up comments or questions. Develop a PIP to help identify these tools.

Table 129.3, Selecting VPI Tools

VPI Tool	Description	Selection Criteria	Asynchronous or Synchronous*	Cost
Project Website	The project website should be the hub for public involvement. The website must be hosted on modot.org. Tools can be added to the project website, clearly communicating the pathways for public engagement. COCR staff can assist creation of the site, proper tags must be used and include route, county, district.	Update and inform large groups and individuals. Repository of all project information.	Asynchronous	No cost
Webinars and Virtual Meetings	Virtual meetings can be coordinated and streamed live with Microsoft Teams Live event. Attendees can join by computer, telephone, or app. The meeting recording can be added to the project website, MoDOT YouTube channel and shared on social media. Closed captioning should be used. Consultant partners can help organize logistics, videos and other materials.	Update and inform large groups and individuals.	Synchronous	No Cost
Fillable Comment Form	This is a Word or PDF document with several options for submission. It can be emailed or printed and mailed. It can contain open-ended survey questions. SurveyMonkey or a Microsoft Form can also be used. Can also place on a web page.	Offers a structure for comments and questions. Can be used to develop a project contact list while obtaining input. Can be used as basis for Q&A document or website.	Asynchronous	No cost
Narrated PowerPoint	This is a great tool for sharing project updates. The PowerPoint can be saved as a video and added to the project website; availability of the video can be communicated through social media and shared in a press release.	Project and construction updates.	Asynchronous	No cost
YouTube	MoDOT has a YouTube channel where a meeting can be livestreamed or posted on the web for later viewing.	Comments can be turned on or off; if turned on, then must respond either live during the event or later if posted on the web.	Asynchronous	No cost
Online Surveys for Title VI	Surveys are useful for collecting Title VI data and can be incorporated into virtual meetings.	Must be used at all virtual public meetings. Share a link in the announcements section of public meetings.	Asynchronous	No cost
MetroQuest Surveys	MetroQuest or similar tools are excellent for public engagement.	Use with statewide or large projects. Great for reaching commuters and younger age groups on purpose and need and alternatives selection.	Asynchronous	High cost
Telephone Townhall	Telephone townhalls work well when internet access is limited; or when trying to engage people who do not use the internet. Cost for these services vary.	Alternative to Microsoft Teams. Public can register in advance and only need a telephone to participate. Meeting materials and transcripts are available.	Synchronous	Moderate cost
Social Media	Use in coordination with other strategies. Use existing district accounts. Only designated CR staff can post and respond.	Share meeting notices in advance and day-of on social media channels. Useful for quick and immediate information sharing.	Asynchronous	No cost for posting. Social media ads can be purchased.
Public Access Cable TV	Meeting recordings and/or Narrated PowerPoints can be broadcast.	Great companion strategy used in coordination with other tools. Internet connection is not needed.	Asynchronous	No cost to moderate cost
Drive-In Meetings	Identify a location with strong Wi-Fi and designate it as a place for people to park and log into a virtual meeting. This strategy can be used to distribute information and for in-person meetings if sound and presentation equipment is available.	Excellent alternative to virtual meetings in areas with limited internet access.	Synchronous	Moderate cost
Phone Numbers	Always use 1-888-ASK-MODOT, advise CR where to direct calls.	Alternative for those that prefer to provide verbal feedback rather than technical options.	Synchronous	No cost
Email Addresses	A MoDOT project email can be created and directed to multiple emails (PM, CR, consultant). Designate who responds, PM or CR.	Great alternative for individuals that want more anonymity. Can be used to develop a project contact list while obtaining input.	Synchronous	No cost
* Note: Synchronous VPI allows for a dialogue between individuals on either side of the virtual connection whereas asynchronous VPI is passive communication where an individual connects and is limited either to reading or seeing information and/or posting a comment, versus asking a question or making a comment and having it responded to in real time. Asynchronous does not allow direct dialogue. See FHWA's Virtual Public Involvement website.

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