Difference between revisions of "Category:129 Public Involvement"

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|'''Figures'''
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|colspan="3"|'''Figures'''
 
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|[[Media:129.1_Display_of_Alternatives.jpg|Location Study Display]]
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|[http://epg.modot.org/files/a/a1/129.1_Display_of_Alternatives.jpg Sample Location Study Display] ||width="15"| ||[http://epg.modot.org/files/1/1e/129.1_Figure_10_Location_Sketch.pdf Sample Commission Exhibit 1]
 
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|[[Media:129.1 Figure 10 Location Sketch.pdf|Commission Exhibit]]
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|colspan="3"|[http://sp/sites/de/epg/Lists/EPGResponse/Attachments/1427/SampleCommissionExhibit2.pdf Sample Commission Exhibit 2 ]
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|colspan="3"|'''Forms '''
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|-
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|[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Sample Letter Advertising a Public Hearing]|| ||[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Notice%204f.docx Sample Notice 4F]
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|-
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|[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Notice%20of%20Public%20Hearing.docx Sample Notice of Public Hearing]|| ||[https://epg.modot.org/forms/DE/Public%20Involvement/Sample_Opportunity_for_Public_Hearing.doc Sample Opportunity for a Public Hearing/Meeting Notice]
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|-
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|[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Public%20Involvement%20Plan.docx Sample Public Involvement Plan or Communication Plan]|| ||[https://epg.modot.org/forms/DE/Public%20Involvement/SampleRequestforApprovelofLocationorDesigntoStateDesignEngineer.docx Sample Request for Approval of Location and/or Design of Highways to State Design Engineer]
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|-
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|[https://epg.modot.org/forms/DE/Public%20Involvement/SampleRequestforApprovelofLocationorDesigntotheCommission.docx Sample Request for Approval of Location to the Commission]|| ||[https://epg.modot.org/forms/DE/Public%20Involvement/SampleTranscript.pdf Sample Transcript]
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|}
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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.
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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 it this feedback. Some of these methods include:
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:* [http://epg.modot.org/index.php/121.2_The_Planning_Framework_for_Transportation_Decision-Making Identification and Prioritization of Needs] through The Planning Process
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:* Public Hearings
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:* Public Meetings
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:* Direct mailings or contact with individuals impacted
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:* Virtual Public Involvement
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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:
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{| style="border:1px; margin-left:7px; solid #cccccc" align="right"
 
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|'''Forms'''
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|[[Image:138 Idea to Reality Graphic.jpg|right|450px]]
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|}
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:* [http://www.modot.org/ www.modot.org]
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:* [http://traveler.modot.org/map/ Traveler Information Map (TIM)]
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:* E-updates
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:* Changeable message boards
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:* Customer Service Centers (1-888-ASK MoDOT)
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:* [http://traveler.modot.org/report/modottext.aspx#tag_rc Work Zone Status]
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:* [http://traveler.modot.org/report/modottext.aspx#tag_rc Road Condition Report]
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:* [https://www.facebook.com/MoDOTStatewide Social media]
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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.
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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.
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Public involvement allows MoDOT to gather real, valid input on transportation needs and to work with customers to refine solutions that meet those needs.
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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).
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<div id="Table 129, Public Involvement by Type"></div>
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<center>'''Table 129, Public Involvement by Type'''</center>
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{| border="1" class="wikitable" style="margin: 1em auto 1em auto" style="text-align:center"
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! colspan="4"|Public involvement is required for every project
 
|-
 
|-
|[[Media:129.1 Letters Advertising a Public Hearing.doc|Letters Advertising a Public Hearing]]
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! style="background:#BEBEBE"|Public Involvement Method!! style="background:#BEBEBE"|Minimum Requirement for:!! style="background:#BEBEBE"|Required Documentation<br/>(if applicable)!! style="background:#BEBEBE" WIDTH=130|Responsible Individual(s)<sup>1</sup>
 
|-
 
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|[[Media:129.1 Notice of Public Hearing.pdf|Notice of Public Hearing]]
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|Routine methods such as social media, news releases, opportunity for meetings, etc. ||PCE and CE2|| Public notices, news releases, meeting notes, Comments/responses, sign-in sheets||PM, CR staff, CM staff
 
|-
 
|-
|[[Media:129.1 Advertise the Opportunity for Public Hearing.doc|Advertise the Opportunity for a Public Hearing]]
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|Pre-Location Study Meeting|| Some CE2s, EA, EIS|| Public notices, presentations, studies or documents made available, Minutes, comments, responses, sign-in sheets|| PM, CR staff
 
|-
 
|-
|[[Media:129.1 Report for Approval of Location and Design.doc|Request for Approval of Location and/or Design of Highways]]  
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|Location Public Meeting|| Some PCEs, CE2, EA, EIS|| Public notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets|| PM, CR staff
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|-
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|Design Public Meeting|| Some PCEs, CE2, EA, EIS|| Public notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets|| PM, CR staff
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|-
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|Agency Scoping Meeting|| EA, EIS|| Notices, presentations, studies or documents made available, Minutes, comments, responses, sign-in sheets|| PM, CR staff
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|-
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|Public Hearing (Commission Policy, FHWA policy)|| ≥20 acres new RW or permanent easements rural, ≥100,000 square feet new RW or permanent easements urban'''<sup>2</sup>''', EA (if applicable), EIS, Long Range Plan (CFR 771.111(h)(2)(iii)|| Notices, presentations, studies or documents made available, minutes, transcript, sign-in sheets||PM, CR staff
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|-
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|Public Meeting|| Discretion of the District Engineer|| Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets|| PM, CR staff
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|-
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|Section 106, 4(f)'''<sup>3</sup>''', and 6(f)|| Impacts (not significant or adverse [[#129.8 Section 4(f) Lands|EPG 129.8]]) on historic properties, parks, recreation areas, and wildlife and waterfowl refuges|| Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets|| PM, CR staff, DE-ENV/HP
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|-
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|Noise Wall Public Meeting|| Noise impacts where noise abatement is reasonable and feasible ||Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets|| PM, CR staff, DE-ENV/HP
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|-
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|colspan="4" align="left"|<sup>'''1'''</sup> PM: Project Manager; CR staff: Communications Division staff; CM staff: Construction and Materials staff; DE-ENV/HP: Design Division Environmental and Historic Preservation staff
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|-
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|colspan="4" align="left"|<sup>'''2'''</sup> "Urban" is defined as within a Metropolitan Planning Organizations (MPO) planning limits.
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|-
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|colspan="4" align="left"|<sup>'''3'''</sup> Requires special statements in the [[media:129 table 129 notice.docx|public notice]]. Coordinate with MoDOT Environmental Section.
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|}
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[[image:129.jpg|right|400px|thumb|<center>'''Statewide Planning Partner Meeting'''</center>]]
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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 [https://www.modot.org/missouri-highways-and-transportation-commission-0 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.
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==129.1 Environmental Justice, ADA, LEP and Title VI==
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[[image:129.1.jpg|right|500px|thumb|<center>'''[https://www.modot.org/welcome-external-civil-rights External Civil Right]'''</center>]]
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Early in project development, the Project Manager (PM) shall assess whether the  method of public involvement chosen for a particular project is reasonable for the project, whether it adequately reaches the proper constituents, whether there are environmental justice (EJ) or limited English proficiency (LEP) concerns, and whether the method would adequately provide the needed information and afford the opportunity for the public to provide feedback. Minority and disadvantaged populations are defined by [https://www.justice.gov/crt/fcs/TitleVI-Overview Title VI] and the [https://www.environment.fhwa.dot.gov/env_topics/ej/guidance_ejustice-nepa.aspx EJ Executive Order 12898] while low-income populations are defined by the census category.  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, signed by the President on February 11, 1994 directs Federal agencies to take the appropriate and necessary steps to identify and address disproportionately high and adverse effects of Federal projects on the health or environment of minority and low-income populations to the greatest extent practicable and permitted by law.  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 who is the resource for socioeconomic issues in the [http://sp/sites/de/Pages/default.aspx Design Division].  Discussion on community impact assessment can also be found in [[#129.3 “Virtual” Public Involvement|EPG 127.3]].  The first step is to identify populations of people interested in the project and 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.
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The process for identifying interested people/populations impacted by the project should be documented in the PIP and housed in [http://eprojects/SitePages/Home.aspx eProjects].  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 a limited English Proficiency (LEP) [https://www.modot.org/media/12116 analysis], similar to the Community Impact Assessment process outlined in [[127.3 Community Impact Assessment#127.3.1.3 Process|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.
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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 low-income 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.  Reference information on LEP is provided in Executive Order (E.O) 12898. Innovative methods to involve minority and economically disadvantaged sectors of the community, as well as other groups such as senior citizens, economic developers, 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 newspaper and using other media outlets which cater to these groups.  Accommodations should also be made for non-English speaking community members or those with language barriers.
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The meeting location selected shall be in compliance with the Americans with Disabilities Act (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.
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These efforts shall be documented for inclusion in environmental documents (RES) or in project files in eProjects, and for department wide Title VI and EJ compliance.
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==129.2 The Public Involvement Plan (PIP)/Communication Plan==
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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 which 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) and CE2 classifications, the PIP is often developed by the Project Manager (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 ([http://epg.modot.org/index.php/104.1_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 ([http://epg.modot.org/index.php/104.8_Public_Involvement_in_Project_Scoping 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 Request for Environmental Services (RES) or to eProjects as evidence of planned public involvement.
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Early use of demographic data can help identify the public to be involved.  After determining who to involve, a variety of outreach methods can be selected to encourage the most effective public involvement.  Outreach could include either directly or indirectly any or all the following:
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:* adjacent property owners and tenants
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:* low-income populations
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:* minority populations
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:* cooperating and participating agencies ([http://epg.modot.org/index.php/127.14_National_Environmental_Policy_Act_(NEPA)_Classification_and_Documents#127.14.3_Process EPG 127.14.5 NEPA Glossary])
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:* local, state, and federal government staff and elected officials
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:* community groups such as clubs, civic groups, business groups, environmental groups, labor unions, disability advocacy groups, and churches
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:* commuters and the traveling public
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:* emergency and utility service providers
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:* adjacent billboard owners and clients
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:* general public and others known to be affected
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:* others expressing interest.
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The following are examples of common outreach methods that can be identified in the PIP:
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:* Virtual Public Involvement (VPI) meetings
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:* public and open house meetings
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:* MoDOT project e-mail alert lists
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:* drop-in information centers or booths
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:* surveys or questionnaires
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:* advisory committee and group meetings 
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:* public hearings
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:* design workshops/charettes
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:* direct mail/email
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:* meetings with public officials
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:* individual (one-on-one) meetings
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:* meetings with community groups
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:* internet blogs
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:* project Internet pages/news releases
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:* established media relations and contacts
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:* telephone hot lines.
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In addition, MoDOT provides information to the public about traffic impacts as part of its Transportation Management Plan (TMP) for projects ([https://epg.modot.org/index.php/616.13_Work_Zone_Capacity,_Queue_and_Travel_Delay#616.13.6.6_Public_Information EPG 616.13.6.6]).  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 driving safety 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.
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The example PIP or a more detailed plan shall be utilized on all 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)==
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{|style="padding: 0.3em; margin-left:7px; margin-right:1px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5" width="350px" align="right"
 
|-
 
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|[http://epg.modot.mo.gov/forms/DE-DEForms/Commission%20Backup%20Form%20Blank.dot Commission Backup Form Blank]
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|'''Temporary Virtual Public Involvement During the COVID-19 Pandemic'''
 
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|[http://epg.modot.mo.gov/forms/DE-DEForms/Commission%20Backup%20Form%20Instructions.dot Instruction for the Commission Backup Form]
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|FHWA will temporarily permit all public involvement activities previously conducted in-person to exclusively use virtual technologies and techniques that fulfill the essential purposes of the in-person public involvement during the COVID-19 pandemic.  A [[media:129.3 temporary.docx|Q&A Sheet about temporary virtual public involvement]] is available.
 
|}
 
|}
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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 [[#129.12 Glossary of Terms|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. '''If a NEPA required public hearing is mandated during a time of emergency, a virtual public event can be used to supplement the in-person component of the public hearing.''' Refer to the box immediately to the right for information about virtual public involvement.
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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 [[#129.5.3.3 Design Public Meeting|EPG 129.5.3.3 Design Public Meeting]]).
  
Missouri citizens expect and demand 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 life of their community. Existing transportation facilities and in particular transportation improvements, have a direct impact on the social, economic and environmental resources of the communityAs a result, MoDOT values the input the public provides on transportation improvements and has established various methods to gather itSome of these methods are:
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Notice of a virtual public event must comply with the requirements in [[#129.6.1 Advertisement for Public Hearing or Opportunity for a Public Hearing|EPG 129.6.1 Advertisement for Public Hearings]] or [[#129.5.1 Advertisement for Public Meeting or the Opportunity for a Public Meeting|EPG 129.5.1 Advertisement for Public Meeting or the Opportunity for a Public Meeting]] and [[#129.6.2 Procedures for Conducting Public Hearings|EPG 129.6.2 Procedures for Conducting Public Hearings]] or [[#129.5.2 Procedures for Public Meetings|EPG 129.5.2 Procedures for Public Meetings]] depending on the requirementThis shall include the requirement to develop and implement strategies to address Environmental Justice populations and Limited English Populations (LEP) where such populations are identified in the project area. Consultation with FHWA may be appropriateNotice of a virtual public event must also include the following:  
  
* [[121.2 The Planning Process#121.2.2 Identify Needs|Identification of needs]]
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:* clear instructions about how to attend and participate in the virtual portion of the public hearing (providing a specific webpage);
* [[121.2 The Planning Process#121.2.3 Prioritize Needs|Prioritization of needs]]
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:* an explanation of how the virtual public event will be conducted; and
* Funding distributions
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:* 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.
* [[:Category:129 Public Involvement#129.1 Prelocation Study Meetings|Prelocation Study Meetings]]
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* [[:Category:129 Public Involvement#129.2 Agency Scoping Meetings|Agency scoping Meetings]]
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:* 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.  
* [[:Category:129 Public Involvement#129.3 Location Public Hearings|Location Public Hearings]]
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:* 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.  
* [[:Category:129 Public Involvement#129.11.1 Formal Public Hearings|Formal Public Hearings]]
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:* A virtual public event can include a presentation in accordance with [[#129.6.2 Procedures for Conducting Public Hearings|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 an email address specific to that project to receive comments. Closed captioning should be used in all virtual meetings.
* [[:Category:129 Public Involvement#129.11.2 Open-House Public Hearings|Open-House Public Hearings]]
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:* 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.
* [[:Category:129 Public Involvement#129.7 Design Public Hearings|Design Public Hearings]]
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:* 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.
* Project selection
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:* Strategies for communicating with LEP populations during the virtual events must be developed, including providing interpreters, if needed or requested, if that is the only public involvement being carried out.  
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:* A transcript of the presentation given in the virtual public event must be prepared if the event is substituted or a component of a hearing.  
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:* To the extent it is technologically feasible, the virtual public event should be recorded and posted on-line until at least the end of the allotted comment period. See the paragraph immediately following for further guidance on recording and posting.
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:* Following a virtual public event, the post-event activities set forth in EPG 129.6.2 Procedures for Conducting Public Hearings and [[#129.6.4 Presentation for Location and Design Approval to the Commission and Commission Actions Needed|EPG 129.6.4 Presentation for Location and Design Approval to the Commission and Commission Actions Needed]] will apply.
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<div id="If a virtual event"></div>
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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 Commission (or consultant) and do not necessarily constitute MoDOT or Commission policy.
  
In addition, MoDOT provides useful; information to Missourians concerning the operation of the highway system.  This information is available from the following sources:
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'''Selecting VPI Tools'''
* [http://www.modot.mo.gov/workzones/WorkZoneMapIntro.htm Work Zone Status]
 
* [http://www.modot.mo.gov/road_conditions/WinterRoadConditions.htm Road Condition Report]
 
[[Image:129 PHOTO1 Public With maps.jpg|200px|right]]
 
[[Image:129 PHOTO2 Warrenton Public Meeting.jpg|200px|right]]
 
The development of quality transportation improvements depends on early, often and continuous involvement of the public in project decisions.  Additionally, real time information about the State’s highway system permits the traveling public to use it efficiently.  MoDOT always looks for ways to improve the quantity and quality of transportation information to the citizens of Missouri.
 
  
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.
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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.
  
It is important to remember that gaining public involvement through any means, including the formal public hearing, is not just a base to be touched or a box to be checked in the project development process. Public involvement allows MoDOT to gather real, valid input on transportation needs and to work with customers to refine solutions that meet those needs.
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'''<center>Table 129.3, Selecting VPI Tools</center>'''
{| style="border:1px; margin-right:7px; solid #cccccc" align="left"
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{| border="1" class="wikitable" style="margin: 1em auto 1em auto" style="text-align:center"
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! style="background:#BEBEBE"|VPI Tool!! style="background:#BEBEBE"|Description!! style="background:#BEBEBE"|Selection Criteria!! style="background:#BEBEBE" WIDTH=130|Asynchronous<br/>or<br/>Synchronous*!! style="background:#BEBEBE"|Cost
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|-
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|'''Project Website'''|| The project website should be the hub for public involvement. Many tools listed below can be added to the project website, clearly communicating the pathways for public engagement. || Update and inform large groups and individuals. Repository of all project information. || Asynchronous|| No cost
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|-
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|'''Webinars and Virtual Meetings '''|| Virtual meetings can be coordinated and streamed live with Microsoft Teams Live event. Attendees can join by computer, telephone, or Teams phone app. The meeting recording can be added to the project website and MDOT YouTube channel and shared on social media. Closed captioning must be used. || Update and inform large groups and individuals. || Synchronous|| No Cost
 
|-
 
|-
|[[Image:138 Idea to Reality Graphic.jpg|right|350px]]
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|'''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
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|-
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|'''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
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|-
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|'''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
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|-
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|'''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
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|-
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|'''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
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|-
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|'''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
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|-
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|'''Social Media '''|| Use in coordination with other strategies.|| 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.
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|-
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|'''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
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|-
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|'''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
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|-
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|colspan="5"|'''*''' 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 [https://www.fhwa.dot.gov/planning/public_involvement/vpi/ FHWA's Virtual Public Involvement website].
 
|}
 
|}
This involvement is also important as we attempt to develop transportation projects within the context of the communities we serve.  Early and continuous solicitation of public opinion will identify what customers expect from our improvements.
 
  
A successful project development team includes engineers, technicians, environmental, cultural resource, right of way personnel and public affairs professionalsWith these combined resources, a truly effective public involvement plan can be developed for each project, maximizing our opportunity to arrive at the best transportation solution.
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==129.4 Public Involvement Based on Environmental Document Type==
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[[image:129.4.jpg|right|300px|thumb|<center>'''Sign-in at public meeting'''</center>]]
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MoDOT Environmental and Historic Preservation staff coordinate with the FHWA to determine the level of environmental documentation for a proposed project. This determination is based on impacts and their intensity (i.e., significance) and therefore additionally influences the public involvement effort for a given project.  It is important that MoDOT’s Environmental and Historic Preservation Section be involved in the development of public meeting materials for all types of classifications in order to avoid any pre-decisional language, and FHWA in particular for EA and EISs.  If there is anticipated controversy for a proposed project, the PM will discuss the potential for controversy with MoDOT’s Environmental staff and FHWA to determine if additional action should be taken. (Refer to [[127.14 National Environmental Policy Act (NEPA) Classification and Documents#127.14.5 NEPA Glossary|EPG 127.14.5]] for full definition.)
 +
 +
===129.4.1 PCE===
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A Programmatic Categorical Exclusion (PCE) is the lowest level of environmental documentation and is assigned to projects with limited impacts, such as limited to existing pavement or within existing right of way, therefore lacking project impacts.  These projects tend to be non-controversial and require a minimal amount of public involvement (see [[#Table 129, Public Involvement by Type|Table 129, Public Involvement by Type]]) usually including routine methods such as news releases, posting on MoDOT’s website, social media, etc. that may be carried out by staff in various divisionsIn most cases a PIP is not needed but any comments and responses from public involvement using any other outreach must be documented in the project files or the RES.
  
The following guidelines for public meetings and hearings are not to be viewed as complete. They outline the minimum level of effort for public meetings; however, more effort is expected on most projects.
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===129.4.2 CE2===
 +
A documented Categorical Exclusion (CE2) is an environmental classification that requires FHWA approval and a more rigorous evaluation of impacts. These projects must have documented public involvement but in most cases a PIP may not be needed. At the minimum, a public notice with a comment period, must be afforded to the public.  Any comments and responses from public involvement using any outreach must be documented in the project files and the RES.
  
Particular care will be paid to contacting property owners adjacent to the improvement, public officials, elected representatives, law enforcement, schools and emergency services regarding the proposed improvementInnovative methods to involve minority and economically disadvantaged sectors of the community, as well as other groups (senior citizens, economic development interests, and historical and environmental groups) are to be used.
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===129.4.3 Environmental Assessment (EA)===
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[[image:129.4.3.jpg|right|250px|thumb|<center>'''Visuals at public meeting'''</center>]]
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The NEPA and Federal Highway Administration (FHWA) regulations, 23 CFR 771, require a public hearing or opportunity for a public hearing at a convenient time and place for the public to participate in any Federal-aid projects which requires significant amounts of right-of-way, substantially changes the layout or functions of connecting roadways or of the facility being improved, has a substantial adverse impact on abutting property, otherwise has a significant social, economic, environmental or other effect, or for which the FHWA determines that a public hearing is in the public interest; an opportunity for public involvement in defining the purpose and need and the range of alternatives, for any action subject to the project development procedures in 23 U.S.C 139A public hearing or opportunity for a public hearing is expected to occur after FHWA has approved the EA. If a public hearing is not held, the document must still be made available for public inspection for 30 days in accordance with 23 CFR 771.119 (e)(f) and [[#129.5 Public Meetings|EPG 129.5 Public Meetings]] and [[#129.6 Public Hearing|129.6 Public Hearing]].  Once a Finding of No Significant Impact (FONSI) has been issued, a notice of availability of the FONSI shall be sent to all agencies and made available upon request by the public.
  
Often the people who attend public information meetings are not a true representation of the public at large, rather they are primarily those who fear they will be adversely impacted by the proposed improvement. Therefore, the challenge exists to find ways to reach the broadest spectrum of the community.
+
The PIP detailing the coordination and scheduling for an EA is developed early in the scoping process after project initiation.  This plan is developed by the Project Manager and CR staff or consultant and approved by MoDOT staff, to coordinate agency and public participation in the document development and is part of the administrative record.
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 +
===129.4.4 Environmental Impact Statement (EIS)===
 +
When MoDOT, in consultation with FHWA, has determined that an EIS will be prepared, a notice of intent (NOI) is published in the Federal Register (40 CFR 1508.22). A PIP detailing the coordination and scheduling for an EIS is developed early in the scoping process, prior to publication of the NOI. Public involvement is begun to get input on the purpose and need, alternatives, project schedule and other information for the NOI content. This plan is developed by the Project Manager and CR staff, or consultant, and approved by MoDOT staff, to coordinate agency and public participation in the document development and is part of the administrative record.  The EIS is a level of documentation for projects that have the potential to result in significant environmental impacts.
  
MoDOT efforts are expected to exceed the minimum necessary to satisfy state and federal regulationsOur efforts must provide a truly inclusive atmosphere for public input into the determination of the purpose and need, the development of a range of alternatives, and the choice of selected alternatives and plans for transportation improvements.
+
The draft EIS must contain a summary of agency and public comments up to that point and for that summary to include a request for public comment.  Once the draft EIS is prepared and signed, it shall be circulated for comment of not less than 45 days in the Federal Register. In addition, a public hearing or an opportunity for a public hearing must be held during this timeThe draft EIS must be made available at the hearing and for a minimum of 15 days in advance of the hearing.  If the hearing is not held, a notice shall be placed in a newspaper similar to a public hearing notice that advises where the draft EIS is available to review, how copies may be obtained, and where the comments should be sent. If the FEIS and ROD will be combined, the draft EIS should include a notice on the cover sheet (40 CFR 1502.11) stating a combined document will be issued. The draft EIS should identify a preferred alternative, but if not, there may need to be additional opportunity for public and agency input on the preferred before the FEIS and ROD can be combined.
  
Public hearings and public meetings are forums for receiving citizen commentsBoth are used to comply with the [http://www.modot.mo.gov/about/commission/index.htm 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 mattersInformation related to the impacts of a proposed action can also be gathered.  SAFETEA-LU specifically requires public involvement in the definition of the purpose and need for a project and in the determination of the range of alternatives to be consideredThe National Environmental Policy Act (NEPA) and FHWA regulation 23 CFR 771 require one or more public hearings or opportunity for hearing(s).  The Commission directs MoDOT to conduct location and design public hearings to gather public comment.  Public hearings have a prescribed format, while public meetings are generally optional events and are tailored to meet department or community needs.  Specific public meetings that may be necessary are prelocation study meetings.  Agency scoping meetings, the only type of required meeting where the general public is not specifically invited, are normally required for projects with potential significant impacts on the environment.
+
The final EIS is then prepared after consideration of comments received and shall identify the preferred alternative, evaluate all reasonable alternatives, discuss substantive comments received on the draft, summarize public involvement, and describe mitigation measuresThe final EIS shall be transmitted to any persons, organizations, or agencies that made substantive comments on the draft or requested a copy, no later than the time the document is filed with the EPAA notice of availability shall also be published in local newspapers and through DOT Order 4600.13, as well as having a copy available for public review at institutions such as local government offices, libraries, etc. as appropriateExecutive Order (EO) 13807, One Federal Decision (OFD), also establishes required coordination with other agenciesOFD sets a government-wide goal of reducing to two years the average time for each agency to complete the required reviews and authorization decisions for a “major infrastructure project”.
  
Prelocation study meetings and public hearings must be advertised and structured to ensure opportunities for minority, low income and disadvantaged populations to participate. Additional effort may be required by the district to identify and contact these populationsThese efforts, beyond advertisements in newspapers and media announcements, will be documented for inclusion in environmental documents and for departmentwide Title VI and environmental justice compliance.  Minority and disadvantaged populations are those defined by Title VI and Environmental Justice guidance.  Low income populations are those defined by the census category.  If there are questions concerning minority and disadvantaged population participation, contact the socioeconomic specialist in [http://wwwi/design/default.htm the Design Division].
+
===129.4.5 Re-evaluations===
 +
Public involvement needs must also be reconsidered during the re-evaluation phase of a project if substantial time has elapsed since the last outreach effort and/or if the project changes warrant additional outreach. Changes might include additional project impacts to resources or to the public that weren’t initially considered. At the minimum, a public notice with a comment period, must be afforded to the publicAny comments and responses from public involvement using any outreach must be documented in the project files and the RES.
  
==129.1 Prelocation Study Meetings==
+
===129.4.6 Agency Scoping Meetings and Coordination ===
 +
Meetings with interested governmental agencies are held on all projects with an environmental classification of EIS and EA, and some CE2s, unless prior consent is obtained from FHWA. Agency scoping meetings are held prior to the preparation of the location study/environmental report but following the preparation of the draft Purpose and Need document and the preliminary screening.
  
A prelocation study meeting is held for all projects with an Environmental Assessment (EA) or Environmental Impact Statement (EIS) environmental classification prior to the preparation of a location study/environmental report. For projects with an environmental classification of Categorical Exclusion ([[Environmental Classification|CE]]) or Open-ended Categorical Exclusion (CE2) that may have effects on the environment, or contemplate alternate locations around or through communities, a prelocation study meeting will be held prior to the preparation of a conceptual study or CE2 documentation. The MoDOT project manager is responsible for scheduling and coordination of the prelocation study meeting in cooperation with the Design Division, for all projects including those in which consultants are used to perform the study.  This does not mean that the MoDOT project manager cannot assign duties for the meeting to the consultant’s staff if applicable.  However, the MoDOT project manager is responsible for the content and quality of the meeting.
+
Coordination with other agencies and groups is an integral part of the environmental process. Pertinent information obtained from pre-location meetings, agency scoping meetings or other coordination is made available to the public as a part of the public hearing. An up-to-date list of agencies and their addresses is available from the Design Division, Environmental and Historic Preservation section staff.  
  
The purpose of a prelocation study meeting is to describe the general nature of the proposed project to the public and to obtain comments concerning the project's purpose and need, the range of alternatives and their impact on local communities and the environment of the area. Primary information sought will concern community values, goals and objectives, and other areas of special interest of which the local citizens may be aware including history, archaeology, geology, biology and public lands in the study area.  The draft [[:Category:126 Location Study and Alternatives Analysis#126.3 Purpose and Need|Purpose and Need]] document, as accepted by the Design Division, will be available at the meeting for consideration and comment by the public.  Comments and information received at the meeting will be used to refine or expand the draft Purpose and Need prior to its inclusion as a section of the [[:Category:126 Location Study and Alternatives Analysis|Location Study Report]].
+
At these meetings, the general nature of the proposed project is described, and comments are solicited from the agencies. Comments should be solicited and documented in the project file concerning the project's purpose and need, the range of alternatives and their impacts on the environment. Issues that cause little or no concern should receive less attention and time. The MoDOT Project Manager or districts’ consultant for the project, working through the environmental representative in the Design Division, is responsible for arranging this meeting, which shall include a FHWA representative.
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[[image:129.4.6.jpg|right|300px|thumb|<center>'''Environmental and Historic Preservation Staff at Cuivre River meeting'''</center>]]
  
At least two months prior to the prelocation study meeting date, two copies of a written Request for Environmental Services ([[127.1 Request for Environmental Services|RES]]) will be sent to the [http://wwwi/design/default.htm Design Division] requesting preliminary scoping, screening and early constraint identification (including but not limited to wetlands, cultural resources and public use areas). The Design Division, after receiving the request, will perform the necessary internal scoping (as opposed to agency scoping), screening and constraint identification activities.  The information that is gathered during screening will be given to the MoDOT project manager to be used in display preparation. Preliminary scoping may also consist of agency scoping meetings for complex projects or written agency correspondence for less complex projects as determined by the Design Division and FHWA. The information from the screening and constraint identification is presented to the public at this meeting, as it can limit potential alternatives and is therefore made available at the prelocation study meeting.  An exception, however, is the location of archaeological sites, endangered species, and caves  will not be disclosed in an effort to prevent habitat destruction, vandalism and looting of these sites.
+
Prior to the meeting, the district supplies the Environmental and Historic Preservation office and FHWA with copies of the draft documents along with any other pertinent information concerning the proposed project the district intends to mail or email to all appropriate agencies. Once approved, the district mails or emails materials, with the meeting time and location, and invitation including a map showing the study area.  
 +
   
 +
The scope of the project is presented at the meeting. The MoDOT Project Manager facilitates the meeting and briefly presents the project Purpose and Need. Other topics unique to the specific project are presented and discussed. It may be appropriate to provide a general overview of known environmental and cultural constraints including a presentation of constraints (e.g. parks) sensitive or specific resources) provided by the MoDOT environmental and historic preservation specialist in attendance. Prior to the meeting, coordination must occur between the MoDOT Project Manager, district staff, FHWA, MoDOT environmental, Design Division, and consultant staff, if applicable, must occur to ensure appropriate materials and format are developed as all groups have a role in the meeting.
 +
 +
==129.5 Public Meetings==
  
Displays available at the prelocation study meeting are general in nature showing the entire study area with no definite solutions identified.  Typically these include one display showing all environmental and cultural constraints identified as a result of the written request for environmental services, except for archaeological sitesOther displays might include information from the Purpose and Need document concerning accidents, capacity and/or deficiencies of the existing facility[[Media:129.1_Display_of_Alternatives.jpg|A display]] showing the general process for completion of a location study/environmental report with the prelocation study meeting stage highlighted is helpful to the public in understanding the magnitude of the process that MoDOT must complete.  For projects where relocation of a route might be an option, a blank display on which the public can draw suggested alignments is helpful.  A display that shows the range of alternatives considered is also helpful to the public.  This display must be included in the environmental document.  Alternatives that will not be carried forward for further consideration are to be identified with reasons for the decision.  Preparation of all displays is the responsibility of the district and will be retained for possible use at future meetings.
+
A public meeting does not have the same requirements as a public hearingPublic meetings do not require any formal presentation and are tailored to meet department or community needsThere are different types of public meetings that MoDOT holds including Pre-Location Study Meetings, Location Study Meetings and Design Meetings.  
  
Adequate and appropriate staff will be available to answer questions from the public during the meeting.  This staff normally includes the district engineer, project manager, public affairs specialist and the project designer.  Other staff would be included as needed on a project-by-project basis. The Design Division is consulted when it is necessary for particular specialists from the division to attend the meeting.  If consultant staff is involved in the preparation of the study, appropriate members of the consultant staff will also attend.  The project manager is responsible for coordinating attendance of appropriate staff from the district, consultant and the Central Office prior to holding the meeting.
+
The MoDOT Project Manager (PM) is responsible for identifying the level of public involvement needed for a project. This includes scheduling and coordinating public involvement meetings in collaboration with the district communications (CR) manager and in cooperation with the Central Office Design Division for all projects, including those in which consultants are used. Adequate and appropriate MoDOT staff should be available to answer questions from the public during the meeting.  Normally this includes the District Engineer, Project Manager, Area Engineer, CR manager, civil rights staff, and the project designer(s).  Other staff, such as Environmental and Historic Preservation staff or Right of Way staff, should be included on a project-by-project basis. The Design Division is consulted when it is necessary for specialists from the Division to attend the meeting.  If consultant staff are involved in the preparation of the project, appropriate members of the consultant team should also attend.
  
Appropriate news releases are prepared and distributed for publication by the district in advance of the prelocation study meeting so the general public will have an opportunity to attend and to participateA copy of the news release is sent to the State Design Engineer and FHWA. In addition to the news releases, specific notification of the meeting is made to interested property owners, community leaders, planning commission representatives, local representatives of state agencies (i.e., the [http://www.mdc.mo.gov/ Missouri Department of Conservation] and the [http://www.dnr.mo.gov/index.html Missouri Department of Natural Resources]) and any other special interest groupsFederal resource agencies such as the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Park Service, the appropriate U.S. Army Corps of Engineers district office, and others are also notified of the meeting.  The U.S. Coast Guard is notified if the proposed action involves a navigable waterway. Minority and ADA (Americans with Disabilities Act) groups are invited to this meeting, if they exist in the project area.
+
Public meetings can range from large informational presentations to small groups or one-on-one meetings with individualsThe “open-house” style is in an easy-to-navigate space where the public can come and go at their convenience. It allows 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.  Displays in general should have the project title at the top of each board (i.e. Route H Bridge Replacement, Lincoln County). Open house meetings can be effective for introducing a proposed project to the public and stimulating an exchange of ideas. Small group meetings are useful for gaining information from community groups, underrepresented groups, neighborhood groups and advisory committeesAdditionally, having the ability to utilize workshops, where large groups are organized into small discussion groups, serves to maximize the participation of all attendees while discouraging domination by a few groups or individuals. These small group meetings are not generally advertised to the general public; however, a summary of informal meetings shall be included in the project documentation in the RES, eProjects and the Administrative Record (if applicable).
  
Following the prelocation study meeting, the district provides the Design Division with a summary of the meeting along with any handouts that were usedWritten comments received as a result of the meeting are also provided. This summary includes a synopsis of public comments expressed at the meeting. If appropriate, the transmittal letter includes any recommended solutions or revisions that would address the concerns brought up at the meetingComments and recommendations from the meeting will be utilized by the district in refining the purpose and need for the project, developing the range of reasonable alternatives and developing the location study/environmental report.  Additional scoping meetings with the public or other agencies may also be held at this stage of project development. Any meetings held by the district or the Design Division are documented for use in the preparation of the location study/environmental report.
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===129.5.1 Advertisement for Public Meeting or the Opportunity for a Public Meeting ===
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Notices concerning public meetings or the opportunity for a public meeting will be published in local newspapers, on social media and on the district’s website at a minimum.  The PM in cooperation with the CR manager drafts the notice to be published for the meeting or opportunity for the meeting.  Notices should contain the project description, time, date, ADA and/or LEP accommodations and location of the meeting, as well as where project information can be viewed. The notice should 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 disseminating the public notice in that language as wellThis information can be found by going to [https://data.census.gov/cedsci/ 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 External Civil Rights (EC) Division.  The PM can find the latest language contracts at [http://sp/sites/EC/programs/TitleVI/Forms/AllItems.aspx?RootFolder=%2Fsites%2FEC%2Fprograms%2FTitleVI%2FLimited%20English%20Proficiency%2FInterpreter%20and%20Translation%20Contracts&FolderCTID=0x0120007ECE07E5E0136B478E798E936AFA790C&View=%7B790BCE5D%2DD835%2D4AD1%2D9CBF%2D795EA5874ED5%7D Interpreter and Translation Contracts]. If an opportunity is published and the district receives no requests for a meeting, they document the opportunity for public meeting notice and that no requests were received.
 +
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[[image:129.5.1.jpg|right|450px|thumb|<Center>'''Major Project webpage'''</center>]]
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The information on the notice should also be available on the district’s website. Information from public meetings can be made available online as virtual public meetings through the district’s website. (Refer to [[#129.3 “Virtual” Public Involvement|EPG 129.3]]).
  
==129.2 Agency Scoping Meetings==
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If the district believes other methods of advertising a public meeting would help increase public attendance, these options should be explored.  Options may include direct patron mailings, flyers posted in high-traffic public areas, neighborhood newsletters, signs erected in the project area, or other means.
  
Meetings with concerned governmental agencies are held on all projects with an environmental classification of EIS and for complex EAs unless prior consent is obtained from FHWA.  Agency scoping meetings are held prior to the preparation of the location study/environmental report, but following the preparation of the draft Purpose and Need document and the preliminary screeningAgency scoping meetings may be held prior to or following prelocation study meetings.  Agency scoping meetings are generally held in Jefferson City as needed on specific projects.  They may also be incorporated into the Periodic Agency Meetings held by the Design Division at the discretion of the environmental process and policy specialist and FHWA.
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If the “open house” format is to be utilized, this procedure is explained in the notice. The notice of public meeting 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 ([https://www.law.cornell.edu/cfr/text/23/771.111 CFR 771.111])A copy of the notice shall be kept in eProjects or on CR Division sharepoint site.
  
These meetings will describe the general nature of the proposed project and will obtain comments from the agencies concerning the project's purpose and need, the range of alternatives and their impact on the environmentAn Agency Scoping Meeting defines the issues and alternatives that will be examined in detail in the EIS or EA while simultaneously devoting less attention and time to those issues that cause no concern. The MoDOT project manager initiates this meeting working through the environmental representative in the Design Division. It is generally held in Jefferson City in coordination with FHWAThe MoDOT project manager is responsible for arranging the meeting.  This includes the coordination of attendance by appropriate staff (district, Central Office, consultant, etc.) and coordination of topics and displays to be presented at the meeting. This does not mean that the MoDOT project manager cannot assign duties for the meeting to consultant staff if applicable.  However, the MoDOT project manager is responsible for the content and the quality of the meeting.
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===129.5.2 Procedures for Public Meetings===
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Public meetings are to be held at a place and time generally convenient for persons affected by the proposed undertaking and should be close to the project areaWhen selecting the time and location of the meeting, special consideration will be given to making the setting comfortable and accessible for all, including minority and disadvantaged populations (see [[#129.1 Environmental Justice, ADA, LEP and Title VI|EPG 129.1 Environmental Justice, ADA, LEP and Title VI]])MoDOT’s PM and CR manager is responsible for determining the information to be provided and style of the meeting. The PM will coordinate with other appropriate staff including the MoDOT environmental representative, when necessary to ensure a productive and informative meeting.  
  
Prior to the meeting, the district will send invitations to all appropriate agencies with the meeting time and locationThe district will supply the Design Division and FHWA with copies of the draft Purpose and Need document along with any other pertinent information concerning the proposed project that was mailed with the invitationA map showing the study area is also necessary.
+
The following are informational types of items that might be included in the meeting materials:
 +
:* The proposed project’s purpose and need. 
 +
:* Describe the proposed project’s conformity with the goals and objectives of the area.   
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:* Describe the problem to be addressed, why MoDOT is the appropriate agency to address them, and the reasonable process MoDOT will follow or has followed to come to a solution. 
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:* Communicate the potential project impacts to the community and the efforts that would be made to minimize and/or mitigate those impacts ([https://www.law.cornell.edu/cfr/text/23/771.111 23 CFR 771.111(2)(v)]). 
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:* Include information such as crash data, structural deficiencies, and capacity problems.   
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:* Public requests may be cited as justification for the project.  
  
At this meeting displays are available covering the study area showing all known constraints, both environmental and engineering.  The range of alternatives that have been or are being considered are shown.  These can be the same displays used at the prelocation study meeting.  The MoDOT project manager will facilitate the meeting and briefly present the project Purpose and Need.  Other topics presented and discussed will be unique to the specific project.  It may be appropriate to have a general overview of known environmental and cultural constraints and it may be necessary to have a specific specialist in attendance with a presentation of one constraint.  The MoDOT project manager will coordinate the agenda ahead of time with the environmental representative from the Design Division to ensure a productive and informative meeting occurs in the time allotted.  Coordination between the MoDOT project manager, district staff, the consultant staff if applicable, and the Design Division must occur prior to the meeting.  All four groups have a role in the meeting.
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It is the Project Manager’s responsibility to document everything (e.g. notices, comments, how comments are being addressed, commitments developed as a result of comments, all PI material), and then provide them to MoDOT Environmental for all Classes of Actions, including PCEs.
  
The environmental section in the Design Division will coordinate periodic meetings with all governmental agencies.  These meetings will share information concerning upcoming EA and EIS projects. They will also discuss the status of ongoing projects with the various agencies that are involvedPart of the agenda may be set aside for any agency scoping meetings that are neededAgency issues beyond specific project issues will also be discussed.
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===129.5.3 Types of Public Meetings===
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Essentially, MoDOT manages all types of public meetings similarly by providing a public meeting notice, conducting an open-house-style format, and obtaining comments from the public. The Commission directs MoDOT to conduct public involvement prior to Commission approval of Location and Design for significant projects. (Refer to [http://www2.modot.org/about/documents/010-10-01-HWYS-LocationandDesign.pdf Commission policy 010-10-01-HWYS]).
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====129.5.3.1 Pre-location Study Meeting====
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A pre-location study meeting is a type of public meeting that may be necessary for an EA or EIS environmental classification, prior to the preparation of a location study (LS)/environmental report ([[:Category:126 Location Study and Alternatives Analysis|EPG 126 Location Study and Alternatives Analysis)]].   
  
District staff will be notified of the date and agenda in advance of the periodic meetings. District participation in the meetings will be coordinated with the MoDOT project managers involved for any specific projects on the agenda, but not necessarily with policy or procedure topicsMinutes of all meetings will be mailed to the district engineers.
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The purposes of a pre-location study meeting are to describe the general nature of the proposed project to the public, and to obtain comments concerning the project's purpose and need, the range of alternatives and their impact to local communities and the environment of the area. The pre-location study meeting should help to determine the details of community values, goals and objectives and other areas of special interest of which the local citizens may be aware including history, archaeology, geology, biology, and public lands in the study area. The draft [[:Category:126 Location Study and Alternatives Analysis#126.3 Purpose and Need|Purpose and Need]], as accepted by FHWA and the Design Division, is furnished at the meeting for consideration and comment by the public to help define the Purpose and Need under [https://www.law.cornell.edu/uscode/text/23/139 23 USC 139]Comments and information received at the meeting will be used to refine or expand the draft Purpose and Need prior to its inclusion as a section of the [http://epg.modot.mo.gov/index.php?title=Category:126_Location_Study_and_Alternatives_Analysis Location Study Report].  
  
==129.3 Location Public Hearings==
+
Prior to the pre-location study meeting date, preliminary scoping, and screening and early constraint identification for wetlands, cultural resources, public use areas, etc., must be completed.  Preliminary scoping may include scoping meetings for complex projects or written agency correspondence for less complex projects as determined by the Design Division and FHWA.  The information from the screening and constraint identification is presented to the public at this meeting as it can limit potential for alternatives.
  
One or more public hearings or opportunity for hearing(s) are required by the National Environmental Policy Act (NEPA) and FHWA regulation 23 CFR Part 771The Commission requires  a location public hearing for all projects with an environmental classification of EA and EISProjects with an environmental classification of CE may require a location public hearing if conditions are similar to those described for design public hearingsIt may be acceptable to hold a combined location and design public hearing for CE projectsIt should be noted that CE2 projects can be reclassified by FHWA as either EA or CE.  This reclassification will occur before the time of any expected location public hearingIf a CE2 is reclassified as an EA, a location public hearing will be required after the EA is approved by FHWA.  If a CE2 becomes a CE, a location public hearing may be required.
+
Displays available at the pre-location study meeting should be general in nature showing the entire study area with no definite solutions identifiedTypically, one display should demonstrate all environmental and cultural constraints identified except the archaeological sites, threatened and endangered species, and cavesThese are considered sensitive information and are not revealed to the public. Other displays might include information from the Purpose and Need concerning crash rates, and capacity and/or deficiencies of the existing facilityTo assist the public in understanding the process, a [http://epg.modot.mo.gov/files/a/a1/129.1_Display_of_Alternatives.jpg display may be provided] showing the general process for completing a location study/environmental report with the pre-location study meeting stage highlightedFor projects where relocation of a route might be an option, it is helpful to provide a blank display on which the public can draw suggested alignmentsThe public can also identify potential environmental impacts such as family cemeteries, underground storage tanks, etc. 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.
  
After FHWA approves the EA or Draft EIS, the Design Division will notify the district that a location public hearing is to be held.  While tentative arrangements can be made for the location public hearing prior to the document being signed, it is not advisable to firm up the arrangements or advertise for the hearing until AFTER the signature is received.  In the case of an EIS project, once the draft EIS is signed a notice of availability (NOA) must be published prior to advertising for the location public hearing.  This is done by the EPA once they receive the approved draft EIS in Washington D.C.  For a project with an environmental classification of CE, a location public hearing may be held after the conceptual plan is approved.
+
Comments and recommendations from the meeting will be used by the district to refine the purpose and need for the project, develop the range of reasonable alternatives, and develop the location study/environmental report.
 +
 
 +
====129.5.3.2 Location Public Meeting====
 +
A location public meeting is held to provide the opportunity for effective participation by interested persons in discussing specific location features, including the social, economic, environmental and other effects of all the reasonable project alternatives.  These meetings afford the department an opportunity to receive information from sources that will be of value in choosing a preferred location.  Location public meetings are typically part of the EA and EIS process but could be held for a CE2 or PCE as well. It may be acceptable to hold a combined location and design public meeting for CE2 projectsA summary of the meeting is submitted to the state design engineer for location approval of a PCE and CE2 projects in the form of a Conceptual Study Report.  For location approval of EA and EIS processes, Commission approval is needed.
 +
When a location public meeting is to be held for an EA or EIS, it is typically held after FHWA approves the EA or Draft EIS for public review.  In the case of an EIS project, once the draft EIS is signed, a notice of availability (NOA) is published by the Environmental Protection Agency (EPA) once they receive the approved draft EIS in Washington D.C. The district may then advertise for the location public meeting.  For a project with an environmental classification of CE2, a location public meeting may be held after the conceptual plan is approved.
  
A location public hearing is held to provide the opportunity for effective participation by interested persons in discussing specific location features, including the social, economic, environmental, and other effects of all the reasonable project alternatives. These hearings afford the department an opportunity to receive information from sources that will be of value in choosing a preferred locationThe hearings are not to determine location by a majority vote of those persons present.
+
====129.5.3.3 Design Public Meeting====
 +
A design public meeting is offered for projects where input from the public is needed on the design of a proposed project, regardless of environmental classification. The design public meeting should be considered by the PM for projects that substantially change, temporarily or permanently, the function of the roadway or may have an impact on the use of the roadway.  A meeting will be considered, even if not "required", if the impact on the traveling public, adjoining property owners and businesses in the area is considered to be substantial.  Additional consideration should be given for large projects, those that have many parcels or heavy public interest.  Additionally, a design public meeting should be considered anytime a project impacts alignment (vertical or horizontal), impacts the roadway typical section,  changes permanent traffic control infrastructure (stop control to signal control), minor right of way impacts, impacts other modes of transportation, road closures or detours (impacts to users are significant), potential environmental impacts, significant public interest in the project, controversial projects, major project that don’t require public hearings, cost share or cost apportionment projects in which we have other partners in delivering a project, projects that will be long in duration (more than one season to complete), etc. One principal indicator for when a design public meeting should be considered would be on projects that require a preliminary plan.
 +
 
 +
This is left to the discretion of the District Engineer, in consultation with the PM.  A meeting may be desirable to advise local officials, EMS, school districts (bus routes), motor carriers (OWOD permits), adjacent property owners and other users of the details of the project. For instance, bridge replacement projects that close the road during construction should have a public meeting or opportunity for a public meeting to inform the public of the closureIf a public meeting is not held, reasons should be well-documented in eProjects. If the projects involves Noise, Section 106, Section 4(f) or Section 6(f) lands, the Design Public Meeting can contribute to the requirements of those issues. (See [[#129.7 Noise Wall Public Meeting and Voting|EPG 129.7 Noise Wall Public Meeting and Voting]], [[#129.8 Section 4(f) Lands|EPG 129.8 Section 4(f) Lands]] and [[#129.9 Section 106 and Tribal Consultation|EPG 129.9 Section 106 and Tribal Consultation]]). A “virtual” design public meeting can be substituted for a design public meeting.
  
==129.4 Coordination with other Agencies==
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These criteria are considered a minimum level for which a public meeting or opportunity for a meeting is required.  Authority to conduct the design public meeting is given with the District Engineer's approval of the preliminary plans. At design public meetings, the preliminary plans and other exhibits from the location study are displayed.  Pertinent information about the location alternatives studied and reasons for selecting the proposed location are discussed.  Details of the effect of the proposed design on individual properties are discussed along with information about the design alternatives studied.
{|style="padding: 0.3em; margin-left:7px; border:2px solid #a9a9a9; text-align:left; font-size: 95%; background:#f5f5f5" width="480px" align="right"  
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A meeting will be considered, even if not "required", if the impact on the traveling public, adjoining property owners and businesses in the area is considered to be substantial.  Additional consideration should be given for large projects, those that have many parcels or heavy public interest.  This is left to the discretion of the District Engineer, in consultation with the PM.  A meeting may be desirable to advise local officials, EMS, school districts (bus routes), motor carriers (OWOD permits), adjacent property owners and other users of the details of the project.  A summary of the meeting is submitted to the state design engineer for design approval and housed in eProjects.
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 +
==129.6 Public Hearing==
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{|style="padding: 0.3em; margin-left:7px; margin-right:1px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5" width="350px" align="right"  
 
|-
 
|-
|colspan="2" align="center"|[[image:129.1 basic list.jpg|center|471px]]
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|'''Temporary Virtual Public Involvement During the COVID-19 Pandemic'''
|- 
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|-
|colspan="2" style="background:#778899; text-align:center"|'''Basic List of Agencies to be Notified of Date of Hearings'''
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|FHWA will temporarily allow all public involvement activities previously conducted in-person to exclusively use virtual technologies and techniques that fulfill the essential purposes of the in-person public involvement during the COVID-19 pandemic. A [[media:129.3 temporary.docx|Q&A Sheet about temporary virtual public involvement]] is available.
|-style="background:#cccccc"
 
|MISSOURI CONSERVATION DEPARTMENT
 
Planning Division
 
P.O. Box 180
 
Jefferson City, Missouri  65102
 
|MISSOURI DEPT. OF ECONOMIC DEVELOPMENT
 
Division of Tourism
 
P.O. Box 1055
 
Jefferson City, Missouri  65102
 
|-style="background:#cccccc"
 
|U. S. FISH AND WILDLIFE SERVICE
 
U.S. Dept. of Interior
 
Columbia Field Office
 
101 Park De Ville Dr., Suite A
 
Columbia, Missouri  65203-0057
 
|REGIONAL DIRECTOR
 
ATTN:  Chief, Division of Planning
 
and Environmental Quality
 
National Park Service
 
1709 Jackson Street
 
Omaha, Nebraska  68102-2571
 
|-style="background:#cccccc"
 
|CHIEF, ENVIRONMENTAL IMPACT ASSESSMENT PROGRAM
 
U.S. Geological Survey; MS-423
 
U.S. Department of the Interior
 
12201 Sunrise Valley Drive
 
Reston, Virginia  22092
 
|BUREAU OF INDIAN AFFAIRS
 
U.S. Department of the Interior
 
(For Jackson and Lawrence Counties Only)
 
Area Director
 
Anadarko Area Office
 
P.O. Box 368
 
Anadarko, Oklahoma  73005
 
|- style="background:#cccccc"
 
|U.S. ENVIRONMENTAL PROTECTION AGENCY REGION VII
 
ENVIRONMENTAL REVIEW COORDINATION, WETLANDS, WATERSHEDS, PESTICIDES DIVISIONS
 
901 North 5th Street
 
Kansas City, Kansas  66101
 
|DIRECTOR, DEPARTMENT OF NATURAL RESOURCES
 
205 Jefferson Street
 
P.O. Box 176
 
Jefferson City, Missouri  65102-0176
 
|-style="background:#cccccc"
 
|Mr. Estil V. Fretwell
 
Director of State and Local Government Affairs
 
Missouri Farm Bureau
 
P.O. Box 658
 
Jefferson City, Missouri  65102
 
|STATE OF MISSOURI EMERGENCY MANAGEMENT AGENCY
 
ATTN: Floodplain Management Officer
 
P.O. Box 116
 
Jefferson City, Missouri  65102
 
|-style="background:#cccccc"
 
|DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
Third Floor
 
Robert A. Young Federal Building
 
1222 Spruce Street
 
St. Louis, MO  63103-2836
 
|DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
Room 200
 
Gateway Tower II
 
400 State Avenue
 
Kansas City, KS  66101-2406
 
|-style="background:#cccccc"
 
|FEDERAL HIGHWAY ADMINISTRATION
 
Mr. Allen Masuda
 
Division Administrator
 
209 Adams
 
Jefferson City, MO  65101
 
|
 
 
|}
 
|}
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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 [https://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0771.htm 23 CFR 771.111]). Refer to the box immediately to the right for information about virtual public involvement.
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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:
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:* The public hearing is conducted in a business-like manner, with questions answered as completely and unbiased as possible.
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:* 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".
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:* 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 [[121.3 The Statewide Transportation Improvement Program (STIP)|State Transportation Improvement Program (STIP]]).
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:* 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 [http://sharepoint/sites/de/RealEstate/Brochures/PathwaysforProgress_Final.pdf “Pathways for Progress”] brochure and [http://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.docx “Residential Relocation Brochure”] or [http://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.docx “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.
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[[image:129.6.jpg|right|350px|thumb|<center>'''Buck O'Neil Bridge Public Hearing'''</center>]]
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:* 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.
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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. 
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The following is a list of possible displays and/or handouts to inform the public about a project at the public hearing:
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:* The proposed project’s purpose and need, goals, objectives and problems or solutions. 
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:* Communicate the potential project impacts to the community and the efforts that would be made to minimize and/or mitigate those impacts (see [https://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0771.htm 23 CFR 771.111(2)(v)]). 
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:* Information such as crash data, structural deficiencies, and capacity problems. 
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:* Proposed project schedule.
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:* 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.
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:* 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.
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===129.6.1 Advertisement for Public Hearing or Opportunity for a Public Hearing===
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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 [https://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0771.htm 23 CFR 771.119(d-f) and (h)] and [[#129.4.3 Environmental Assessment (EA)|EPG 129.4.3 Environmental Assessment (EA)]] for timelines related to an EA.
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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 [https://data.census.gov/cedsci/ 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 [http://sp/sites/EC/programs/TitleVI/Forms/AllItems.aspx?RootFolder=%2Fsites%2FEC%2Fprograms%2FTitleVI%2FLimited%20English%20Proficiency%2FInterpreter%20and%20Translation%20Contracts&FolderCTID=0x0120007ECE07E5E0136B478E798E936AFA790C&View=%7B790BCE5D%2DD835%2D4AD1%2D9CBF%2D795EA5874ED5%7D Interpreter and Translation Contracts].
 +
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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.
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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.
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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 ([https://www.ecfr.gov/cgi-bin/text-idx?SID=501c79f3d47331fb90d292fffe21e053&node=se23.1.771_1119&rgn=div8 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.
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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.
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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.
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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.
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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.
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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.
  
Coordination with other agencies and groups is an integral part of the environmental process.  Pertinent information obtained from prelocation meetings, agency scoping meetings or other coordination is made available to the public as a part of the location public hearing. To accomplish this, each district will maintain a list upon which any federal agency, local public official or public advisory group may enroll to receive notice of projects in any area specified by the agency.  A basic list of agencies is available in the box to the right. The district is responsible for completing the list with state legislators, regional, county, city and other local agencies or public officials.  Any governmental agency, person, or group of persons must be placed on the list upon request.  The agency, person or group must provide the district with its geographical area of interest when it is not readily apparent.
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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.
  
These interested agencies are to be advised by the district of the date of the hearing at the time the notice for the location public hearing is published. The letter further advises the agency that their written views, if any, will be available for public viewing at the location public hearing if submitted to the district not later than three calendar days prior to the date of the public hearing and that written views will be made a part of the transcript if received within ten working days after the date of the location public hearing.
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===129.6.2 Procedures for Conducting Public Hearings===
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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.
  
==129.5 Section 4(f) and 6(f) Lands==
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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 [https://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0771.htm CFR 771.111]).
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[[Image:129.6.2.jpg|right|300px|thumb|<center>'''I-270 Public Meeting'''</center>]]
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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.
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===129.6.3 Transcripts ===
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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.
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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
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:* Double-spaced transcript of any oral hearing proceedings
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:* Color location map(s) showing the alternate locations presented (location public hearing only) or the location of the recommended design (design public hearing only)  
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:* Data pertinent to statements or exhibits used or filed in connection with the public hearing
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:* Data pertinent to information made available to the public prior to the public hearing
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:* Pertinent correspondence
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:* Copy of all written comments received and substantive comments addressed.
  
Section 106 of the National Historic Preservation Act requires that the public be offered the opportunity to receive infromation about and comment on the project's effect on historic properties. The project's impacts on historic properties should be identified and discussed at public hearings. Documentation of public input or knowledge regarding these impacts is required.
+
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.
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:* 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.
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:* List of names of people attending the public hearing.
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:* Plan sheet prints or similar large material bulky in nature unless they can be conveniently included.
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:* 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.
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:* Right of way or relocation brochures.
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:* Additionally, a [http://epg.modot.mo.gov/forms/DE-DEForms/Commission%20Backup%20Form%20Blank.dot 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.
  
==129.6 Railroads==
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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.  
  
The district advises all railroads in the affected project area by sending a notice to the railroads' chief engineers when the project affects railroad lines, railroad yards or industrial properties belonging to the railroad.  Preliminary layouts through yards or industrial areas will be discussed with the railroads to ensure their current plans are not in conflict with the proposed project.  This will be done in coordination with the [http://wwwi/intranet/mo/ Multimodal Operations Division].
+
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.  
  
==129.7 Design Public Hearings==
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The Commission Backup Form and final transcript will be saved in eProjects by the district.  
  
A design public hearing, or opportunity afforded for such hearing, is required for all projects regardless of environmental classification which are on new location, require substantial amounts of new right of way, substantially change the layout or functions of connecting roadways or of the facility being improved, have a substantial adverse impact on abutting property, or otherwise have a substantial social, economic, environmental or other effect, or for which FHWA determines that a public hearing is in the public interest.  Substantial amounts of right of way and substantial adverse impact on abutting property is defined as follows:  total additional right of way and permanent easements greater than 20 acres (8 ha) in rural areas or 200,000 ft<sup>2</sup> (18,500 m<sup>2</sup>) in urban areas, or acquisitions of right of way or permanent easements from five or more properties.  All projects that involve [[127.10 Section 4(f) Public Lands#127.10.2.1.1 Section 4(f) Properties|Section 4(f]]) and [[127.10 Section 4(f) Public Lands#127.10.2.1.2  Section 6(f) Properties|Section 6(f) lands]] will be examined to determine if a design public hearing is advisable.  This criteria is considered a minimum level for which a public hearing is required.  Authority to conduct the design public hearing is given with the district engineer's approval of the preliminary plans.
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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.
  
A hearing will be considered, even if not "required", if the impact on the traveling public, adjoining property owners and businesses in the area is considered to be substantial. Generally [[:Category:128 Conceptual Studies#128.3 Pavement Rehabilitation Projects – Non - Freeway Roadways|3R]] and [[:Category:128 Conceptual Studies#128.4 Pavement Rehabilitation Projects for Freeways|4R]] projects do not require hearingsHowever, a hearing may be desirable to advise local officials, adjacent property owners and other users of the details of the project.  A hearing is an opportunity to gain comment from the public concerning the improvement and it allows the department an opportunity to outline a proposed solution to an identified transportation needPublic involvement is required for defining purpose and need and for determining the range of alternatives for a projectThe desirability, methods of advertising and format for these hearings are left to the discretion of the district engineer.  A summary of the meeting is submitted to the State Design Engineer.
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===129.6.4 Presentation for Location and Design Approval to the Commission and Commission Actions Needed===
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Commission approval of the location or design of an improvement is required for the following:
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:* 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.
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[[Image:129.6.4.jpg|right|300px|thumb|<center>'''MHTC Meeting'''</center>]]
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Commission policy requires public involvement be carried out for those projects that meet the above thresholdsA 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.
 +
:* 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 [http://wwwi/design/default.htm Design Division]. 
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:* The transmittal letter must include the district’s recommendations concerning how to address the issues identified as a result of the public involvement.
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:* The DLE will then submit the information via e-mail addressed to “Commission Exhibit”.
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:* For each item placed on the monthly Commission agenda, any conflict of interest for the Commissioners must be establishedA Commission property layer is available on [http://tmsmaps/ 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 useIf no conflicts exist, the e-mail must indicate that no conflict of interest exists.
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:* 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 [http://sp/sites/de/Admin/Schedules/agenda%20checklist-backup%20schedule%20for%202020.pdf 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.
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:* 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 consensusThe recommendation provided to the Commission indicates the department’s formal determined position and not that of a single district or division.
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:* With the information received from the district, the Design Division will ensure the item is placed on the Commission agenda and [http://epg.modot.mo.gov/forms/DE-DEForms/Commission%20Backup%20Form%20Blank.dot 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.
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:* 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.  
  
At design public hearings, the preliminary plans and other exhibits from the [[:Category:126 Location Study and Alternatives Analysis|location study]] are displayed.  Pertinent information about the location alternatives studied and reasons for selecting the proposed location are discussed.  Details of the effect of the proposed design on individual properties are discussed.  Information about design alternatives studied is also made available.
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Following Commission action, the Design Division will prepare the necessary Commission minutes.  
  
==129.8 Additional Hearings and Meetings==
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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 [[:Category:236 Right of Way|EPG 236 Right of Way]], acquisition of right of way may begin.
  
Additional hearings, meetings or opportunities for meetings may be scheduled when there has been a substantial change in the proposed project or substantial unanticipated development in the area affected by the proposal has occurred, an unusually long lapse of time (more than 3 years) between the last location public hearing and location approval or design public hearing and design approval, and/or identification of possible significant social, economic, or environmental effects not previously considered at earlier hearings.
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==129.7 Noise Wall Public Meeting and Voting==
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For projects with noise impacts where noise abatement is both reasonable and feasible, a noise wall public meeting is required. Refer to [[127.13 Noise#127.13.8 Noise Wall Public Meeting and Voting|EPG 127.13.8 Noise Wall Public Meeting and Voting]] for guidance.  
  
==129.9 Advertisement for Public Hearings==
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==129.8 Section 4(f) Lands==
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Section 4(f) of the Transportation Act of 1966 specifies that a transportation project requiring the use of publicly owned parks, recreation areas, wildlife and waterfowl refuges, and other considerations as determined by FHWA, or publicly or privately-owned historic sites listed or eligible for listing on the National Register of Historic Places can be approved only if there is no feasible and prudent alternative or is a de minimis impact to using that land and if all possible planning is done to minimize harm to the property.  These types of properties are often referred to as Section 4(f) resources (refer to [[127.10 Section 4(f) Public Lands|EPG 127.10 Section 4(f) Public Lands]]).
  
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.  [[Media:129.1 Letters Advertising a Public Hearing.doc|Letters]] to individual property owners, business owners, service providers (sheriff, police, fire, schools, Post Office, emergency, etc.) and other interest groups will be provided.  Extra efforts may be necessary to ensure that minority and disadvantaged populations are aware of the process.  Examples of these efforts include house-to-house contact, bulletins at kiosks, community minority liaison contacts and notices in newspaper and media outlets catering to minority and disadvantaged populations.  These efforts will be documented for inclusion in environmental documents and department-wide Title VI and environmental justice compliance.  [[Media:129.1 Notice of Public Hearing.pdf|The notice of public hearing]] specifies the date, time and place of the hearing and contains a description of the project.  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 the coordination with other agencies or groups, will be available for public inspection.  The notice also specifies that this information is available in the appropriate district office and at some other convenient location such as a courthouse, city hall or library for public inspection and/or copying.  The notice of public hearing is to be published a minimum of 21 calendar days prior to the date of the hearing.  A copy of the notice is to be sent to the State Design Engineer and to FHWA at the same time that it is published.  The district furnishes FHWA and the [http://wwwi/design/default.htm Design Division] proof of publication for location public hearings.
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The level of public involvement required for Section 4(f) properties is dependent on how the use of the property will be documented for approval by FHWA. The Environmental and Historic Preservation Section must be consulted for appropriate public involvement for Section 4(f) properties.
  
In addition to publishing a notice of public hearing, the district provides news releases to the newspaper and electronic media at the same time as the official notice is to be published and again approximately 5 to 12 calendar days prior to the date of the hearing. The news releases generally contain the same information included in the official notice.  If the district believes other methods of advertising a public hearing would help increase public attendance, these options are to be exploredOptions may include direct patron mailings, flyers in public areas, signs erected in the project area or other methods.
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For parks, recreation areas, or refuges, when there is a specific or isolated population that uses the Section 4(f) property, a more direct contact approach such as targeted mailing can be used. When it is unknown who uses the property, or the users come from a much larger geographic area, the public involvement requirement may involve a public meeting and/or hearing. If a public meeting or hearing will be used to satisfy the public outreach requirements of Section 4(f), be sure to clearly disclose such in the meeting or hearing notifications and advertisements. Refer to [https://www.environment.fhwa.dot.gov/legislation/section4f/4fpolicy.aspx 23 CFR 774.5 (b)(2)(i)]For historic properties, public notice and comment, beyond that required in 36 CFR 800, is not obligatory. Refer to [https://www.environment.fhwa.dot.gov/legislation/section4f/4fpolicy.aspx (23 CFR 774.5 (b)(1)(iii))].
  
The views of interested agencies are to be solicited in writing at the time the notice of location public hearing is published if the agencies were not involved earlier in the process.
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'''''Historic de minimis '''''
  
The districts maintain a mailing list so interested agencies, local officials, groups or individuals are sent by mail a notice of the public hearing.
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For historic de minimis the public involvement process mirrors the Section 106 public involvement process. Refer to [[#129.9 Section 106 and Tribal Consultation|EPG 129.9]].
  
Property owners who will be impacted or potentially impacted by a need for right of way and/or other realty rights will be sent a certified letter 21 calender days prior to the public hearing.  Information concerning this requirement can be found in [[236.10 Right Of Way Condemnation#236.10.7.3 Alternative Locations|EPG 236.10.7.3 Alternative Locations]].
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'''''Parks, recreation areas, wildlife and waterfowl refuge de minimis'''''
  
==129.10 Advertisement for the Opportunity for a Public Hearing==
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Parks, recreation areas, wildlife and waterfowl refuges shall have, at a minimum, a public notice and an opportunity for public review and comment. If the project does not require a public meeting, other means must be made to provide the public information on the Section 4(f) resource, impacts on it, and an opportunity to comment on the proposed de minimis determination. The notice shall be a minimum 10-day public notice and comment period and looks similar to the public meeting advertisement. Consult your CR manager for what is most appropriate for the area in question. This information can be made public through a press release in a newspaper, social media posts, comment cards left at the facility, sign-boards, hand-outs, etc. The notice should consider the resource and how the users of that resource are most likely to be reached. The public notice or opportunity for comment may be combined as part of other public involvement for the project, such as for NEPA, if the proposed impacts and findings related to the Section 4(f) properties have been determined.
  
If, in the judgment of the district engineer, ample evidence of the desire for a public hearing is not apparent, the district may [[Media:129.1 Advertise the Opportunity for Public Hearing.doc|advertise the opportunity]] for a public hearing.  [[Media:129.1 Letters Advertising a Public Hearing.doc|Letters]] to individual property owners, business owners, service providers (sheriff, police, fire, schools, Post Office, emergency, etc.) and other interest groups will be provided.  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 must be in writing and will be acknowledged in writing by the district engineer.
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If a public meeting is held, the materials at the public meeting should include information that identifies parks as Section 4(f) properties, identifies the characteristics of any parks in the project area, and include that a de minimis determination will be sought under 23 CFR 774.  
  
This notice is published as either a paid advertising notice or a legal notice and submitted as a news releaseThis notice advises the public of a deadline for the request for a public hearing.  The deadline for submission of this request is 21 calendar days after the publication of the notice.
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The 4(f) evaluation shall be provided to the official with jurisdiction (OWJ) over the 4(f) property for coordination and comment. The OWJ(s) cannot approve the use of the property until after the public comment period has ended and public feedback has been provided. Any comments shall be addressed in the de minimis documentation. The public feedback must be provided to the OWJ(s) for consideration as part of the evaluationThe de minimis evaluation form, maps, OWJ concurrence, and the public involvement materials are submitted to FHWA for comment and approval.  The materials are then included in the NEPA administrative record and/or the RES for the project.  
  
If a request is received, the district may contact the individual to discuss their concerns with the project.  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.
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'''''Programmatic Evaluation '''''
  
If the district receives no requests for a hearing, they document the opportunity for public hearing notice and certify that no requests were received.  This documentation and certification is forwarded to the [http://wwwi/design/default.htm Design Division] for both location public hearings and design public hearings.  This information will be used to obtain commission approval for the location or the design of the improvement.
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The project shall include public involvement activities that are consistent with the specific requirements of 23 CFR 771.111, Early coordination, public involvement and project development. For a project where one or more public meetings or hearings are held, information on the proposed use of the Section 4(f) property shall be communicated at the public meeting(s) or hearing(s).
  
==129.11 Procedures for Conducting Public Hearings==
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'''''Temporary Occupancy'''''
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There are no regulatory requirements for public involvement for the temporary occupancy of a Section 4(f) resource. If a Section 4(f) resource will be used in such a matter, and it is known prior to a public meeting, the public meeting should include information on the Section 4(f) resource and the nature of impacts and how the resource will not be permanently damaged by the project.
  
Public hearings are to be held at a place and time generally convenient for persons affected by the proposed undertaking.  When selecting the time and location of the meeting, special consideration will be given to making the setting comfortable for all, including minority and disadvantaged populations.  The district conducts the hearing with assistance from the Design Division if necessary.  The hearing location selected will provide adequate accessibility for physically disabled citizens.  Accessibility will also be adequate for minority and low-income populations.  Special attention is paid to access from public transportation, the ability to walk to the meeting, and obstacles such as railroad tracks, crossing busy highways, etc.  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 and will be based on an analysis of the project’s specific conditions.  This analysis will include consideration of minority and low-income populations.  The recommended open house format tends to be comfortable for a wider variety of people.  Where there are language barriers, efforts will be made to ensure all voices and presentations are heard and understood.
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'''''Individual Section 4(f)'''''
  
===129.11.1 Formal Public Hearings===
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If an Individual Section 4(f) Evaluation is part of an EA or EIS, the draft Section 4(f) is included in the document which is made available for the public, and the public comment periods and methods overlap. For an EA or EIS, the draft Section 4(f) Evaluation must be included in the EA or draft EIS (DEIS) and FHWA must approve the draft Section 4(f) Evaluation as part of the approved EA or DEIS before the location public hearing can be held. The approved draft Section 4(f) Evaluation is provided to the U.S. Department of the Interior (DOI) for comment. A 45-day public comment period runs concurrently with the DOI review and comment. Typically, the notice is similar to a public meeting advertisement.  For EISs, this occurs automatically with circulation of the DEIS. The environmental specialist circulates the approved Draft Section 4(f) Evaluation accompanying an EA or separate Section 4(f) Evaluations prepared for projects classified as CEs to DOI for comment. A Final Section 4(f) Evaluation that addresses any substantive comments is included with the Finding of No Significant Impact (FONSI) or Final EIS (FEIS).  
  
Formal public hearings consist of an opening statement, a period for statements and questions from the public, and a closing statement. Following is a list of actions and statements that will take place at all formal public hearings:
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If the project is a CE, there is a 30-day public comment period during the 45-day DOI review period, usually they end on the same date. A notice about the availability of the document is placed in the local newspaper and MoDOT website, an electronic copy of the document is placed on the project website, and a hard copy is placed in a local repository (city hall, county courthouse or public library). For CE projects, the environmental specialist prepares a separate Final Section 4(f) Evaluation. Comments should be sent by letter to the District Engineer. FHWA approval of the Final Section 4(f) Evaluation is integrated with location approval, which allows detailed design to begin.
  
* The public hearing is conducted in a business-like manner, with questions answered as completely and unbiased as possible.
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==129.9 Section 106 and Tribal Consultation==
* A complete record is made, including names and addresses, for all those in attendance and those speaking.
 
* The opening statement includes an explanation of the purpose and need for the project.  Information such as accident data, structural deficiencies, capacity problems, and public requests may be cited as justification for the project.  Pertinent information about the location alternatives studied as well as major details of the proposed design are discussed.  This information will describe the project's conformity with the goals and objectives of the area.
 
* 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 [[121.3 The Statewide Transportation Improvement Program (STIP)|State Transportation Improvement Program (STIP)]].
 
* At any hearing for a project which requires additional right of way to accommodate the proposed facility, the following is included as a part of the opening statement:  "Each person in attendance has been provided with or has available to them a brochure titled "Pathways for Progress".  This brochure explains the various steps in acquisition of property required for a highway project.  You will 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 order that the public will be adequately informed regarding relocation assistance procedures, the following is included as a part of the opening statement, where applicable:  "In addition to the brochure, a pamphlet titled "Relocation Assistance and Payment Program" has been provided or is available. This pamphlet describes assistance and benefits available to those that will be displaced by this project.  This program will also be discussed individually with those being displaced as part of the acquisition process".  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 if studies indicate adequate replacement housing is 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.
 
  
====129.11.1.1 Formal Location Public Hearings====
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Section 106 of the National Historic Preservation Act requires that the public be offered the opportunity to receive information about and comment on the project's effect on historic properties. Section 106 also requires a federal agency to notify the public of proposed projects and offer the public an opportunity to provide input in a timely manner. The project's impacts on historic properties should be identified and discussed at public meetings. Documentation of public input or knowledge regarding these impacts is required in eProjects or the RES. A member of the public with a demonstrated interest in an undertaking may request and receive consulting party status from the federal agency. The district should work with the Historic Preservation Section to coordinate HP involvement in public meetings when there are historic properties present on a project.
  
The following additional actions and statements should take place during the formal location public hearing:
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Below is the guidance provided by the Advisory Council on Historic Preservation on what are the minimum standards for public involvement, public notice and information standard ([https://www.law.cornell.edu/cfr/text/36/part-800 36 CFR PART 800] 2(d) & 6(a)(4)):
  
* The public is advised that the public hearing is being recorded and that the transcript will be studied and submitted to the Chief Engineer of MoDOT and to the [http://www.modot.mo.gov/about/commission/index.htm Missouri Highways and Transportation Commission].  The following statement is made:  "We encourage everyone to ask questions and make their comments known.  All comments received will be evaluated by the department staff and the commission in determining the final location of the project. Many factors are considered and any one of the alternate locations may be selected and approved for further plan development.  The Commission will approve the selected alternative once FHWA has approved the conclusion of the NEPA process."
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:“At a minimum, the Agency Official has to provide an opportunity for the public to examine the results of the agency's effort to identify historic properties, evaluate their significance and assess the undertaking's effects upon them. When adverse effects are found, the Agency Official must also make information available to the public about the undertaking, its effects on historic properties and alternatives to resolve the adverse effects and must provide the public an opportunity to express their views on resolving adverse effects. The precise method of meeting these standards is left up to the Agency Official and may be guided by other applicable agency public involvement procedures. The agency can adjust the level and method based on the circumstances of the undertaking, as provided for in Sections 800.2(d) and 800.6(a)(4).
* All substantive written views received prior to the location public hearing must be made available to the public as part of the hearing either by display at the hearing, or by reading into the transcript.  These letters may be included as part of the environmental document and displayed in that manner.
 
* Provision is made for acceptance of written statements and other exhibits in place of or in addition to oral statements at the time of the location public hearing.  A statement is made that any additional pertinent information received within ten working days after the hearing will be made a part of the transcript and substantive comments will be addressed in the Final EIS or EA letter.
 
* The opening statement also includes a brief explanation of the content and availability of the environmental impact statement (EIS) or environmental assessment (EA).  For projects with an environmental classification of CE, a statement is made that the proposed improvement is expected to have no significant impact on the environment and hence is categorically excluded from the need to prepare an EIS. For EA and EIS projects, at least two copies of the approved EA or Draft EIS must be available for public review at the hearing.  However, to avoid vandalism and looting, the location of archaeological sites will not be disclosed to the public.
 
* Any significant encroachment on flood plains or wetland areas is discussed.
 
* The following statement is to be made at all location public hearings:  "Any time after the location public hearing and before design approval, information pertaining to the proposed location and design, including the transcript, will be available upon request at the district office for public inspection and copying."
 
* Pertinent information about all of the location alternatives studied is discussed and shown on exhibits.  All alternatives carried forward in the EA or Draft EIS as reasonable are to be given equal consideration at the hearing in terms of exhibit presentation and design detail.  All alternates considered but dropped from further consideration will have pertinent information regarding this decision available for discussion at the hearing.  A [[Media:129.1_Display_of_Alternatives.jpg|color sketch]] is provided as a handout. The approved EA or Draft EIS is also made available. An EA '''must''' indicate a preferred alternative.  FHWA encourages designating a preferred alternative in a Draft EIS if one stands out.
 
  
====129.11.1.2 Formal Design Public Hearings====
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:“At a minimum, public notice should be designed to effectively inform the public about the nature of the undertaking, its effects and the public's likely interest in it. As for information, the documentation standards of Section 800.11 set requirements for the record at various steps in the process. These materials should be available to the public, unless constrained by legitimate confidentiality concerns. Other than Section 800.11's documentation standards, there is no special prescribed public notice and information standard for Section 106. Efforts to inform the public for other planning and environmental review purposes should be a guide to adequate efforts to meet Section 106 needs.
  
The following additional actions and statements should take place during a formal design hearing:
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Besides the public, Section 106 also requires federal agencies to consult on a “government-to-government” basis with federally-recognized tribes and nations with ancestral, historic, and ceded land connections to Missouri to facilitate avoiding or minimizing project impacts to cultural resources that a tribe considers of historical or religious significance. Consultation means the process of seeking, discussing, and considering the views of others, and where feasible, seeking agreement with them on how historic properties should be identified, considered, and managed. The federal government's unique relationship with tribes is derived from the U.S. Constitution, treaties, Supreme Court decisions, federal statutes, and executive orders. The Federal Highway Administration cannot delegate its government-to-government responsibility and overall consultation and coordination duties. However, if a tribe agrees in advance, FHWA may rely on MoDOT to carry out day-to-day, project-specific coordination and consultation. FHWA remains legally responsible for all findings and determinations.
  
* The public is advised that the public hearing is being recorded and that the transcript will be studied and submitted to the Chief Engineer of MoDOT and to the [http://www.modot.mo.gov/about/commission/index.htm Missouri Highways and Transportation Commission].  The following statement is made:  "We encourage everyone to ask questions and make their comments known.  All comments received will be evaluated by the department staff and the commission in determining the final design of the project.  The Commission will approve the design based on comments received at this hearing and the district may then proceed with right of way and construction plans."
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==129.10 Railroads==
* All substantive written views received prior to the design public hearing must be made available to the public as part of the hearing either by display at the hearing, or by reading into the transcript.
 
* Provision is made for acceptance of written statements and other exhibits in place of or in addition to oral statements at the time of the location public hearing.  A statement is made that any additional pertinent information received within ten working days after the hearing will be made a part of the transcript, and substantive comments will be addressed prior to Commission approval of the design.
 
* The following statement is to be made at all design public hearings:  "Any time after the design public hearing and before start of construction, information pertaining to the location and proposed design, including the hearing transcript, will be available upon request at the district office for public inspection and copying."
 
* A color sketch is provided as a handout.  Preliminary plans and other exhibits derived from the location study are displayed.  It is also recommended that the approved final environmental document is made available for public review at the design hearing.
 
  
===129.11.2 Open-House Public Hearings===
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The district advises all railroads in the affected project area by sending a notice to the railroads' chief engineers when the project affects railroad lines, railroad yards or industrial properties belonging to the railroad. Preliminary layouts through yards or industrial areas are discussed with the railroads to ensure their current plans are not in conflict with the proposed project. This is done in coordination with the [http://sharepoint/systemdelivery/mo/Pages/default.aspx Multimodal Operations Division].  
  
An open-house public hearing has the same requirements as a formal public hearings except some items are included on an informational handout, since verbal opening and closing statements by department staff are not made during an open-house location public hearing. The advertising is the same, except all notices and letters describe the format being used with emphasis on the optional hours during which interested persons may attend.  Alternate methods of submitting comments also are included in the notice.  The normal time for an open-house public hearing is a weeknight other than a holiday, Monday through Thursday, from 4:00 p.m. until 7:00 p.m.  These hours will accommodate persons wishing to attend during normal working hours and those wishing to attend after normal working hours.  The duration of the hearing may be increased as needed if a large turnout is expected.
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==129.11 Public Involvement for Storm Water==
  
The site for open-house public hearings is separated into areas for greeting, display, and recording comments.  This may be done with a large, single room or a group of smaller rooms.  One or more greeters stationed at the entrance to the hearing room or rooms ask people upon arrival to fill out an attendance card and direct them to exhibit and comment areas. Each person is given a comment sheet and an informational handout.  The handout has all information normally included in the opening statement at a formal hearing.  In addition, it may include a location sketch, summary of environmental documents or other detail.  Return postage may be included on comment sheets for the benefit of persons desiring to submit written comments by mail.  The district engineer will be present along with appropriate district and [http://wwwi/design/default.htm Design Division] personnel. It is recommended Design Division staff be notified of any particular issues which may call for their attendance at the hearing. Several sets of exhibits will be available in order to provide visitors ample opportunity to see the information.  The exhibits of the project will be of sufficient quality and scale so property owners can clearly identify their property. It is recommended that a wide corridor be shown at the location public hearing instead of showing specific lines and design features since these are subject to change. Additional exhibits showing traffic, accident, environmental, economic, or other data will also be displayed. To avoid the potential for vandalism or looting, the location of archaeological sites will not be disclosed. Exhibits of the NEPA process and project schedule may be shown in a simple format. It is advisable to invite other agencies, cities, or counties, to be present or set up displays if they have projects going on in the area for which public questions are anticipated.  Right of way personnel are stationed in a separate, clearly labeled area to discuss right of way matters.  Another area is provided for submitting written comments.  A separate, semi-private area is provided for the electronic recording of verbal comments with assistance from district personnel.  Visitors should be reminded that written comments can be submitted up to 10 working days after the hearing.
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Refer to [[127.29 Storm Water#https://epg.modot.org/index.php/127.29_Storm_Water#127.29.9_Public_Involvement_for_Stormwater|EPG 127.29.9 Public Involvement for Stormwater]].
  
===129.11.3 Transcripts===
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==129.12 Glossary of Terms==
  
The district is responsible for the preparation of an accurate written transcript of the oral proceedings of each public hearing. This may include the use of a tape recorder, a court recorder, or any reliable method that will assure a verbatim transcript. Shorthand notes are not considered adequate.  Tapes are retained until the commission has approved the location or the design covered at the hearing(s).  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 for each of the following types of public hearings:
+
'''Categorical Exclusion (CE):''' A category of actions that based on past experience with similar actions, do not individually or cumulatively have a significant effect on the human environment and have been found to have no such effect in procedures adopted by a Federal Agency pursuant to the National Environmental Policy Act (NEPA), and for which neither an environmental assessment or an environmental impact statement is required. They are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on any natural, cultural, recreational, historic or other resource; do not involve significant air, noise, or water quality impacts; do not have significant impacts on travel patterns; and do not otherwise have any significant environmental impacts either individually or cumulatively.
  
* [[:category:129 Public Involvement#129.3 Location Public Hearings|Location]]
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'''Emergency situation:''' A health or other emergency situation as declared by the Governor, and/or President, and/or a local government jurisdiction which determines an in-person public hearing and/or in-person inspection of documents should be limited out of concerns for public health and/or safety, and/or MoDOT in coordination with FHWA determines that an in-person public hearing should not be held out of concerns for public health or safety.
* Location and Design
 
* [[:category:129 Public Involvement#129.7 Design Public Hearings|Design]]
 
  
The transcript is bound in a folder having contents in the following order:
+
'''Environmental Assessment (EA):'''  A concise public document prepared in compliance with the National Environmental Policy Act (NEPA), that briefly discusses the purpose and need for an action, alternatives to such action, and provides sufficient evidence and analysis of impacts to determine whether to prepare an environmental impact statement (EIS) or a finding of no significant impact (FONSI).
  
* Executive Summary that describes and discusses issues identified at the hearing or during the open comment period. No recommendations are included in this summary.
+
'''Environmental Impact Statement (EIS):''' A detailed written statement required by section 102 (2) (C) of the National Environmental Policy Act (NEPA), analyzing the environmental impacts of a proposed action, adverse effects of the project that cannot be avoided, alternative courses of action, short-term uses of the environment versus the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitment of resources.
* 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
 
  
The following material will not be included in the hearing transcript:
+
'''Finding of No Significant Impact (FONSI):'''  If after the completion of an EA it is determined there will be no significant impacts on the quality of the environment, a finding of no significant impact (FONSI) will be prepared to conclude the process and document the decision.
  
* Data pertaining to newspaper advertising.  This covers the descriptive notice as well as letters to newspapers requesting publication of a public hearing notice.
+
'''Limited English Proficiency (LEP):''' Individuals who cannot speak, read, write, or understand the English language at a level that permits them to interact effectively.
* Informative letters to FHWA.
 
* Letters to agencies 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 [[Media:129.1 Report for Approval of Location and Design.doc|Request for Approval of Location and/or Design of Highways]] is submitted with a letter of transmittal from the district engineer to the Design Division.  The transmittal letter and Request for Approval of Location and/or Design of Highways are not made a part of the transcript.  The transmittal letter 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.
+
'''Location Study: ''' Prepared to determine the most advantageous location for a proposed highway improvement based on project purpose and need and on engineering and environmental constraints. The location study and the environmental analysis are developed concurrently.
  
Location public hearing and Design public hearing transcripts are submitted to the Design Division.  In the event the district holds a combined location and design public hearing, the transcript will also be submitted to the Design Division.  The district must receive commission approval at this stage before further development of the plans can be accomplished.  For EA and EIS projects, the Design Division sends FHWA a copy of the location public hearing transcript  so substantive issues to be addressed in the EA letter or Final EIS can be considered prior to submittal of the document for FHWA's approval.  FHWA must approve the EA letter or Final EIS prior to Commission approval of the location.  The Design Division will provide a copy of the design or the location and design hearing transcript, with executive summary, to FHWA for their review and comment.  No department recommendation will be provided to FHWA at this time.  They will provide a written comment 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.
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'''Low-Income:''' A person whose median household income is at or below the Department of Health and Human Services poverty guidelines.
  
Prior to submitting the transcript to the Design Division, the district will make copies of the transcript and related material available for public inspection and copying at the district office.
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'''Low-Income Population:''' Readily identifiable groups of low-income persons who live in geographic proximity, and if circumstances warrant, geographically dispersed/transient person (such as migrant workers or Native Americans), who will be similarly affected by a proposed DOT program, policy, or activity.
  
In the event a scheduled public hearing is not held due to lack of attendance, a letter conveying information pertaining to the scheduled hearing will suffice in lieu of a transcript.
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'''Major Infrastructure Project:''' An infrastructure project for which multiple Federal authorizations will be required to proceed with construction, the lead Federal agency has determined that it will prepare an EIS under NEPA, and the project sponsor has identified the reasonable availability of funds sufficient to complete the project.
  
==129.12 Presentation for Location or Design Approval to the Commission==
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'''Minority:''' A person who is:
 +
:(1) Black: a person having origins in any of the black racial groups of Africa;
 +
:(2) Hispanic or Latino: a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race;
 +
:(3) Asian American: a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent;
 +
:(4) American Indian and Alaskan Native: a person having origins in any of the original people of North America, South America (including Central America), and who maintains cultural identification through tribal affiliation or community recognition; or
 +
:(5) Native Hawaiian and Other Pacific Islander: people having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
  
Commission approval of the location or design of an improvement is required for the following:
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'''Minority Population:''' Any readily identifiable groups of minority persons who live in geographic proximity, and if circumstances warrant, geographically dispersed/transient person (such as migrant workers or Native Americans) who will be similarly affected by a proposed Department of Transportation (DOT) program, policy or activity.
  
* The location of all projects classified as an EA or an EIS.
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'''National Environmental Policy Act (NEPA):'''  Requirement of Federal agencies to assess the environmental effects of their proposed actions prior to making decisions. Under the NEPA process, agencies evaluate the environmental and related social and economic effects of their proposed actions and provide opportunities for public review and comment on those evaluations.  NEPA applies to a broad range of federal actions that include, but are not limited to, constructing highways and other publicly owned facilities, adopting federal land management actions, and federal permitting.
* The design of all projects requiring right of way or permanent easements exceeding the limits earlier defined.
 
  
A procedure governing the presentation of information to the Commission for location or design approval following a public hearing is stated below.  This procedure will be followed in the case of a public hearing which is not held due to no request being received for a hearing.
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'''Notice of Intent (NOI):'''  A notice published in the federal register that an environmental impact statement will be prepared and considered.
  
* The district submits one copy of the hearing transcript, together with the executive summary, to the appropriate project development liaison engineer in the [http://wwwi/design/default.htm Design Division].  The transmittal letter shall include the district’s recommendations concerning how to address the issues identified as a result of the public hearing.
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'''Pre-Location Study Meeting:''' A meeting conducted for projects that require an EA, EIS, or CE2 held prior to the preparation of a location study/environmental report or conceptual study, or a CE2 to gain public input on the draft purpose and need, the range of alternatives and the impact on the local communities and the environmental of the area.
  
* The [http://epg.modot.mo.gov/forms/DE-DEForms/Commission%20Backup%20Form%20Blank.dot Commission Backup Form] and location sketch for the [[Media:129.1 Figure 10 Location Sketch.pdf|Commission exhibit]] are prepared. Both are sent to the Design Division attached to an e-mail addressed to "commissionexhibit".
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'''Programmatic Agreement (PA):''' A document that spells out details the terms of a formal, legally binding agreement between a state DOT and other state, local and/or federal agencies.
  
* For each item placed on the monthly Commission agenda, the e-mail must indicate whether there is a potential conflict of interest (i.e., a commissioner owns property within one-mile (1.6 km) of the project).  District Right of Way and Chief Counsel's Office can provide information on potential conflict of interest areas for projects within the districtIn the event a possible conflict does exist, the name of the commissioner and the location of the property will be required.  Once this information has been provided to the Design Division (at the time the item is sent for inclusion on the Commission's agenda), they will fill out the necessary form for the Commission Secretary and Chief Counsel's Office use.  The e-mail will indicate if no conflict of interest exists.
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'''Programmatic CE (PCE):'''  An agreement between FHWA and the State DOT to make Categorical Exclusions (CE), (most of which are listed under 23 CFR Part 771.117(d)), more efficient and fasterThe PCE agreement allows the State DOT to document, review, and approve CEs without requiring FHWA Division Office review in order to proceed to the next step of the project development process.  
  
* In order to properly schedule hearing information for presentation to the Commission for design approval, the district will provide the information to the Design Division a minimum of 3½ weeks prior to the Commission meeting. This will allow for a 2 working day review and ensure the item has been thoroughly discussed before it is placed on the Commission agenda.
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'''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.
 +
:* 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.
  
* For an EA or an EIS project, the final location public hearing transcript must be received by the Design Division 30-45 days prior to the final EA or EIS document submittal to FHWA.  This will be three to six months prior to the project being placed on a Commission agenda for location approval.
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'''Public Involvement (PI):'''  An integral part of the transportation process which helps to ensure decisions are made in consideration of and to benefit public needs and preferences.  It involves seeking public input at key points in the decision-making process where such input has a real potential to help shape the final decision or set of actions.  This includes early and continuing opportunities during project development for the public to be involved in the identification of social, economic, and environmental impacts, as well as impacts associated with relocation of individuals, groups, or institutions.
  
* 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 Director of System Delivery will be consulted to reach consensus.  The recommendation provided to the Commission indicates the "DEPARTMENT'S" position and not those singularly identified as the position of the district or the Design Division.
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'''Public Involvement Plan (PIP):''' An announced meeting conducted by transportation officials designed to facilitate participation in the decision-making process and to assist the public in gaining an informed view of a proposed project at any level of the transportation project development process; also, such a gathering may be referred to as a public information meeting.
  
* With the information received from the district, the Design Division will ensure the item is placed on the Commission agenda and [http://epg.modot.mo.gov/forms/DE-DEForms/Commission%20Backup%20Form%20Blank.dot 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.
+
'''Public Meeting:''' A public gathering for the express purpose of informing and soliciting input from interested individuals regarding transportation issues.
  
* When the item is placed on the Commission's regular agenda (due to controversy or public interest), the district engineer will attend the Commission meeting and present the item for approvalIf the item is placed on the Commission's consent agenda, it is preferred the district engineer be in attendance at the meeting to answer questions from the Commission in the event it is transferred to the regular agenda.
+
'''Purpose and Need: ''' A clear and well documented section of an EIS or EA or some CEs defining the need for the project and how that need will be fulfilledThe purpose and need drive the development of the range of alternatives.
Following Commission action, the Design Division will prepare the necessary Commission minutes.
 
  
After the Commission has approved the location of the proposed improvement, detailed design of it can begin.  After the Commission has approved the design of the proposed improvement, the acquisition of right of way to construct it can begin.
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'''Virtual Public Involvement (VPI):''' The use of digital technology to engage individuals or to visualize projects and plans.

Revision as of 13:11, 24 March 2021


Figures
Sample Location Study Display Sample Commission Exhibit 1
Sample Commission Exhibit 2
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 it this feedback. Some of these methods include:

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:

138 Idea to Reality Graphic.jpg

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).


Table 129, Public Involvement by Type
Public involvement is required for every project
Public Involvement Method Minimum Requirement for: Required Documentation
(if applicable)
Responsible Individual(s)1
Routine methods such as social media, news releases, opportunity for meetings, etc. PCE and CE2 Public notices, news releases, meeting notes, Comments/responses, sign-in sheets PM, CR staff, CM staff
Pre-Location Study Meeting Some CE2s, EA, EIS Public notices, presentations, studies or documents made available, Minutes, comments, responses, sign-in sheets PM, CR staff
Location Public Meeting Some PCEs, CE2, EA, EIS Public notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets PM, CR staff
Design Public Meeting Some PCEs, CE2, EA, EIS Public notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets PM, CR staff
Agency Scoping Meeting EA, EIS Notices, presentations, studies or documents made available, Minutes, comments, responses, sign-in sheets PM, CR staff
Public Hearing (Commission Policy, FHWA policy) ≥20 acres new RW or permanent easements rural, ≥100,000 square feet new RW or permanent easements urban2, EA (if applicable), EIS, Long Range Plan (CFR 771.111(h)(2)(iii) Notices, presentations, studies or documents made available, minutes, transcript, sign-in sheets PM, CR staff
Public Meeting Discretion of the District Engineer Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets PM, CR staff
Section 106, 4(f)3, and 6(f) Impacts (not significant or adverse EPG 129.8) on historic properties, parks, recreation areas, and wildlife and waterfowl refuges Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets PM, CR staff, DE-ENV/HP
Noise Wall Public Meeting Noise impacts where noise abatement is reasonable and feasible Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets PM, CR staff, DE-ENV/HP
1 PM: Project Manager; CR staff: Communications Division staff; CM staff: Construction and Materials staff; DE-ENV/HP: Design Division Environmental and Historic Preservation staff
2 "Urban" is defined as within a Metropolitan Planning Organizations (MPO) planning limits.
3 Requires special statements in the public notice. Coordinate with MoDOT Environmental Section.
Statewide Planning Partner Meeting

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.

129.1 Environmental Justice, ADA, LEP and Title VI

Early in project development, the Project Manager (PM) shall assess whether the method of public involvement chosen for a particular project is reasonable for the project, whether it adequately reaches the proper constituents, whether there are environmental justice (EJ) or limited English proficiency (LEP) concerns, and whether the method would adequately provide the needed information and afford the opportunity for the public to provide feedback. Minority and disadvantaged populations are defined by Title VI and the EJ Executive Order 12898 while low-income populations are defined by the census category. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, signed by the President on February 11, 1994 directs Federal agencies to take the appropriate and necessary steps to identify and address disproportionately high and adverse effects of Federal projects on the health or environment of minority and low-income populations to the greatest extent practicable and permitted by law. 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 who is the resource for socioeconomic issues in the Design Division. Discussion on community impact assessment can also be found in EPG 127.3. The first step is to identify populations of people interested in the project and 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 eProjects. 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 a limited English Proficiency (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 low-income 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. Reference information on LEP is provided in Executive Order (E.O) 12898. Innovative methods to involve minority and economically disadvantaged sectors of the community, as well as other groups such as senior citizens, economic developers, 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 newspaper and using other media outlets which cater to these groups. Accommodations should also be made for non-English speaking community members or those with language barriers.

The meeting location selected shall be in compliance with the Americans with Disabilities Act (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 (RES) or in project files in eProjects, and for department wide Title VI and EJ compliance.

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 which 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) and CE2 classifications, the PIP is often developed by the Project Manager (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 Request for Environmental Services (RES) or to eProjects as evidence of planned public involvement.

Early use of demographic data can help identify the public to be involved. After determining who to involve, a variety of outreach methods can be selected to encourage the most effective public involvement. Outreach could include either directly or indirectly any or all the following:

  • adjacent property owners and tenants
  • low-income populations
  • minority populations
  • cooperating and participating agencies (EPG 127.14.5 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
  • commuters and the traveling public
  • emergency and 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
  • 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
  • meetings with community groups
  • internet blogs
  • project Internet pages/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 616.13.6.6). 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 driving safety 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 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.

129.3 “Virtual” Public Involvement (VPI)

Temporary Virtual Public Involvement During the COVID-19 Pandemic
FHWA will temporarily permit all public involvement activities previously conducted in-person to exclusively use virtual technologies and techniques that fulfill the essential purposes of the in-person public involvement during the COVID-19 pandemic. A Q&A Sheet about temporary virtual public involvement is available.

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. If a NEPA required public hearing is mandated during a time of emergency, a virtual public event can be used to supplement the in-person component of the public hearing. Refer to the box immediately to the right for information about virtual public involvement.

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 Environmental Justice populations and Limited English Populations (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 an 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 during the virtual events must be developed, including providing interpreters, if needed or requested, if that is the only public involvement being carried out.
  • A transcript of the presentation given in the virtual public event must be prepared if the event is substituted or a component of a hearing.
  • To the extent it is technologically feasible, the virtual public event should be recorded and posted on-line 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 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. Many tools listed below can be added to the project website, clearly communicating the pathways for public engagement. 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 Teams phone app. The meeting recording can be added to the project website and MDOT YouTube channel and shared on social media. Closed captioning must be used. 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. 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
* 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.

129.4 Public Involvement Based on Environmental Document Type

Sign-in at public meeting

MoDOT Environmental and Historic Preservation staff coordinate with the FHWA to determine the level of environmental documentation for a proposed project. This determination is based on impacts and their intensity (i.e., significance) and therefore additionally influences the public involvement effort for a given project. It is important that MoDOT’s Environmental and Historic Preservation Section be involved in the development of public meeting materials for all types of classifications in order to avoid any pre-decisional language, and FHWA in particular for EA and EISs. If there is anticipated controversy for a proposed project, the PM will discuss the potential for controversy with MoDOT’s Environmental staff and FHWA to determine if additional action should be taken. (Refer to EPG 127.14.5 for full definition.)

129.4.1 PCE

A Programmatic Categorical Exclusion (PCE) is the lowest level of environmental documentation and is assigned to projects with limited impacts, such as limited to existing pavement or within existing right of way, therefore lacking project impacts. These projects tend to be non-controversial and require a minimal amount of public involvement (see Table 129, Public Involvement by Type) usually including routine methods such as news releases, posting on MoDOT’s website, social media, etc. that may be carried out by staff in various divisions. In most cases a PIP is not needed but any comments and responses from public involvement using any other outreach must be documented in the project files or the RES.

129.4.2 CE2

A documented Categorical Exclusion (CE2) is an environmental classification that requires FHWA approval and a more rigorous evaluation of impacts. These projects must have documented public involvement but in most cases a PIP may not be needed. At the minimum, a public notice with a comment period, must be afforded to the public. Any comments and responses from public involvement using any outreach must be documented in the project files and the RES.

129.4.3 Environmental Assessment (EA)

Visuals at public meeting

The NEPA and Federal Highway Administration (FHWA) regulations, 23 CFR 771, require a public hearing or opportunity for a public hearing at a convenient time and place for the public to participate in any Federal-aid projects which requires significant amounts of right-of-way, substantially changes the layout or functions of connecting roadways or of the facility being improved, has a substantial adverse impact on abutting property, otherwise has a significant social, economic, environmental or other effect, or for which the FHWA determines that a public hearing is in the public interest; an opportunity for public involvement in defining the purpose and need and the range of alternatives, for any action subject to the project development procedures in 23 U.S.C 139. A public hearing or opportunity for a public hearing is expected to occur after FHWA has approved the EA. If a public hearing is not held, the document must still be made available for public inspection for 30 days in accordance with 23 CFR 771.119 (e)(f) and EPG 129.5 Public Meetings and 129.6 Public Hearing. Once a Finding of No Significant Impact (FONSI) has been issued, a notice of availability of the FONSI shall be sent to all agencies and made available upon request by the public.

The PIP detailing the coordination and scheduling for an EA is developed early in the scoping process after project initiation. This plan is developed by the Project Manager and CR staff or consultant and approved by MoDOT staff, to coordinate agency and public participation in the document development and is part of the administrative record.

129.4.4 Environmental Impact Statement (EIS)

When MoDOT, in consultation with FHWA, has determined that an EIS will be prepared, a notice of intent (NOI) is published in the Federal Register (40 CFR 1508.22). A PIP detailing the coordination and scheduling for an EIS is developed early in the scoping process, prior to publication of the NOI. Public involvement is begun to get input on the purpose and need, alternatives, project schedule and other information for the NOI content. This plan is developed by the Project Manager and CR staff, or consultant, and approved by MoDOT staff, to coordinate agency and public participation in the document development and is part of the administrative record. The EIS is a level of documentation for projects that have the potential to result in significant environmental impacts.

The draft EIS must contain a summary of agency and public comments up to that point and for that summary to include a request for public comment. Once the draft EIS is prepared and signed, it shall be circulated for comment of not less than 45 days in the Federal Register. In addition, a public hearing or an opportunity for a public hearing must be held during this time. The draft EIS must be made available at the hearing and for a minimum of 15 days in advance of the hearing. If the hearing is not held, a notice shall be placed in a newspaper similar to a public hearing notice that advises where the draft EIS is available to review, how copies may be obtained, and where the comments should be sent. If the FEIS and ROD will be combined, the draft EIS should include a notice on the cover sheet (40 CFR 1502.11) stating a combined document will be issued. The draft EIS should identify a preferred alternative, but if not, there may need to be additional opportunity for public and agency input on the preferred before the FEIS and ROD can be combined.

The final EIS is then prepared after consideration of comments received and shall identify the preferred alternative, evaluate all reasonable alternatives, discuss substantive comments received on the draft, summarize public involvement, and describe mitigation measures. The final EIS shall be transmitted to any persons, organizations, or agencies that made substantive comments on the draft or requested a copy, no later than the time the document is filed with the EPA. A notice of availability shall also be published in local newspapers and through DOT Order 4600.13, as well as having a copy available for public review at institutions such as local government offices, libraries, etc. as appropriate. Executive Order (EO) 13807, One Federal Decision (OFD), also establishes required coordination with other agencies. OFD sets a government-wide goal of reducing to two years the average time for each agency to complete the required reviews and authorization decisions for a “major infrastructure project”.

129.4.5 Re-evaluations

Public involvement needs must also be reconsidered during the re-evaluation phase of a project if substantial time has elapsed since the last outreach effort and/or if the project changes warrant additional outreach. Changes might include additional project impacts to resources or to the public that weren’t initially considered. At the minimum, a public notice with a comment period, must be afforded to the public. Any comments and responses from public involvement using any outreach must be documented in the project files and the RES.

129.4.6 Agency Scoping Meetings and Coordination

Meetings with interested governmental agencies are held on all projects with an environmental classification of EIS and EA, and some CE2s, unless prior consent is obtained from FHWA. Agency scoping meetings are held prior to the preparation of the location study/environmental report but following the preparation of the draft Purpose and Need document and the preliminary screening.

Coordination with other agencies and groups is an integral part of the environmental process. Pertinent information obtained from pre-location meetings, agency scoping meetings or other coordination is made available to the public as a part of the public hearing. An up-to-date list of agencies and their addresses is available from the Design Division, Environmental and Historic Preservation section staff.

At these meetings, the general nature of the proposed project is described, and comments are solicited from the agencies. Comments should be solicited and documented in the project file concerning the project's purpose and need, the range of alternatives and their impacts on the environment. Issues that cause little or no concern should receive less attention and time. The MoDOT Project Manager or districts’ consultant for the project, working through the environmental representative in the Design Division, is responsible for arranging this meeting, which shall include a FHWA representative.

Environmental and Historic Preservation Staff at Cuivre River meeting

Prior to the meeting, the district supplies the Environmental and Historic Preservation office and FHWA with copies of the draft documents along with any other pertinent information concerning the proposed project the district intends to mail or email to all appropriate agencies. Once approved, the district mails or emails materials, with the meeting time and location, and invitation including a map showing the study area.

The scope of the project is presented at the meeting. The MoDOT Project Manager facilitates the meeting and briefly presents the project Purpose and Need. Other topics unique to the specific project are presented and discussed. It may be appropriate to provide a general overview of known environmental and cultural constraints including a presentation of constraints (e.g. parks) sensitive or specific resources) provided by the MoDOT environmental and historic preservation specialist in attendance. Prior to the meeting, coordination must occur between the MoDOT Project Manager, district staff, FHWA, MoDOT environmental, Design Division, and consultant staff, if applicable, must occur to ensure appropriate materials and format are developed as all groups have a role in the meeting.

129.5 Public Meetings

A public meeting does not have the same requirements as a public hearing. Public meetings do not require any formal presentation and are tailored to meet department or community needs. There are different types of public meetings that MoDOT holds including Pre-Location Study Meetings, Location Study Meetings and Design Meetings.

The MoDOT Project Manager (PM) is responsible for identifying the level of public involvement needed for a project. This includes scheduling and coordinating public involvement meetings in collaboration with the district communications (CR) manager and in cooperation with the Central Office Design Division for all projects, including those in which consultants are used. Adequate and appropriate MoDOT staff should be available to answer questions from the public during the meeting. Normally this includes the District Engineer, Project Manager, Area Engineer, CR manager, civil rights staff, and the project designer(s). Other staff, such as Environmental and Historic Preservation staff or Right of Way staff, should be included on a project-by-project basis. The Design Division is consulted when it is necessary for specialists from the Division to attend the meeting. If consultant staff are involved in the preparation of the project, appropriate members of the consultant team should also attend.

Public meetings can range from large informational presentations to small groups or one-on-one meetings with individuals. The “open-house” style is in an easy-to-navigate space where the public can come and go at their convenience. It allows 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. Displays in general should have the project title at the top of each board (i.e. Route H Bridge Replacement, Lincoln County). Open house meetings can be effective for introducing a proposed project to the public and stimulating an exchange of ideas. Small group meetings are useful for gaining information from community groups, underrepresented groups, neighborhood groups and advisory committees. Additionally, having the ability to utilize workshops, where large groups are organized into small discussion groups, serves to maximize the participation of all attendees while discouraging domination by a few groups or individuals. These small group meetings are not generally advertised to the general public; however, a summary of informal meetings shall be included in the project documentation in the RES, eProjects and the Administrative Record (if applicable).

129.5.1 Advertisement for Public Meeting or the Opportunity for a Public Meeting

Notices concerning public meetings or the opportunity for a public meeting will be published in local newspapers, on social media and on the district’s website at a minimum. The PM in cooperation with the CR manager drafts the notice to be published for the meeting or opportunity for the meeting. Notices should contain the project description, time, date, ADA and/or LEP accommodations and location of the meeting, as well as where project information can be viewed. The notice should 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 disseminating 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 External Civil Rights (EC) Division. The PM can find the latest language contracts at Interpreter and Translation Contracts. If an opportunity is published and the district receives no requests for a meeting, they document the opportunity for public meeting notice and that no requests were received.

Major Project webpage

The information on the notice should also be available on the district’s website. Information from public meetings can be made available online as virtual public meetings through the district’s website. (Refer to EPG 129.3).

If the district believes other methods of advertising a public meeting would help increase public attendance, these options should be explored. Options may include direct patron mailings, flyers posted in high-traffic public areas, neighborhood newsletters, signs erected in the project area, or other means.

If the “open house” format is to be utilized, this procedure is explained in the notice. The notice of public meeting 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 771.111). A copy of the notice shall be kept in eProjects or on CR Division sharepoint site.

129.5.2 Procedures for Public Meetings

Public meetings are to be held at a place and time generally convenient for persons affected by the proposed undertaking and should be close to the project area. When selecting the time and location of the meeting, special consideration will be given to making the setting comfortable and accessible for all, including minority and disadvantaged populations (see EPG 129.1 Environmental Justice, ADA, LEP and Title VI). MoDOT’s PM and CR manager is responsible for determining the information to be provided and style of the meeting. The PM will coordinate with other appropriate staff including the MoDOT environmental representative, when necessary to ensure a productive and informative meeting.

The following are informational types of items that might be included in the meeting materials:

  • The proposed project’s purpose and need.
  • Describe the proposed project’s conformity with the goals and objectives of the area.
  • Describe the problem to be addressed, why MoDOT is the appropriate agency to address them, and the reasonable process MoDOT will follow or has followed to come to a solution.
  • Communicate the potential project impacts to the community and the efforts that would be made to minimize and/or mitigate those impacts (23 CFR 771.111(2)(v)).
  • Include information such as crash data, structural deficiencies, and capacity problems.
  • Public requests may be cited as justification for the project.

It is the Project Manager’s responsibility to document everything (e.g. notices, comments, how comments are being addressed, commitments developed as a result of comments, all PI material), and then provide them to MoDOT Environmental for all Classes of Actions, including PCEs.

129.5.3 Types of Public Meetings

Essentially, MoDOT manages all types of public meetings similarly by providing a public meeting notice, conducting an open-house-style format, and obtaining comments from the public. The Commission directs MoDOT to conduct public involvement prior to Commission approval of Location and Design for significant projects. (Refer to Commission policy 010-10-01-HWYS).

129.5.3.1 Pre-location Study Meeting

A pre-location study meeting is a type of public meeting that may be necessary for an EA or EIS environmental classification, prior to the preparation of a location study (LS)/environmental report (EPG 126 Location Study and Alternatives Analysis).

The purposes of a pre-location study meeting are to describe the general nature of the proposed project to the public, and to obtain comments concerning the project's purpose and need, the range of alternatives and their impact to local communities and the environment of the area. The pre-location study meeting should help to determine the details of community values, goals and objectives and other areas of special interest of which the local citizens may be aware including history, archaeology, geology, biology, and public lands in the study area. The draft Purpose and Need, as accepted by FHWA and the Design Division, is furnished at the meeting for consideration and comment by the public to help define the Purpose and Need under 23 USC 139. Comments and information received at the meeting will be used to refine or expand the draft Purpose and Need prior to its inclusion as a section of the Location Study Report.

Prior to the pre-location study meeting date, preliminary scoping, and screening and early constraint identification for wetlands, cultural resources, public use areas, etc., must be completed. Preliminary scoping may include scoping meetings for complex projects or written agency correspondence for less complex projects as determined by the Design Division and FHWA. The information from the screening and constraint identification is presented to the public at this meeting as it can limit potential for alternatives.

Displays available at the pre-location study meeting should be general in nature showing the entire study area with no definite solutions identified. Typically, one display should demonstrate all environmental and cultural constraints identified except the archaeological sites, threatened and endangered species, and caves. These are considered sensitive information and are not revealed to the public. Other displays might include information from the Purpose and Need concerning crash rates, and capacity and/or deficiencies of the existing facility. To assist the public in understanding the process, a display may be provided showing the general process for completing a location study/environmental report with the pre-location study meeting stage highlighted. For projects where relocation of a route might be an option, it is helpful to provide a blank display on which the public can draw suggested alignments. The public can also identify potential environmental impacts such as family cemeteries, underground storage tanks, etc. 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.

Comments and recommendations from the meeting will be used by the district to refine the purpose and need for the project, develop the range of reasonable alternatives, and develop the location study/environmental report.

129.5.3.2 Location Public Meeting

A location public meeting is held to provide the opportunity for effective participation by interested persons in discussing specific location features, including the social, economic, environmental and other effects of all the reasonable project alternatives. These meetings afford the department an opportunity to receive information from sources that will be of value in choosing a preferred location. Location public meetings are typically part of the EA and EIS process but could be held for a CE2 or PCE as well. It may be acceptable to hold a combined location and design public meeting for CE2 projects. A summary of the meeting is submitted to the state design engineer for location approval of a PCE and CE2 projects in the form of a Conceptual Study Report. For location approval of EA and EIS processes, Commission approval is needed. When a location public meeting is to be held for an EA or EIS, it is typically held after FHWA approves the EA or Draft EIS for public review. In the case of an EIS project, once the draft EIS is signed, a notice of availability (NOA) is published by the Environmental Protection Agency (EPA) once they receive the approved draft EIS in Washington D.C. The district may then advertise for the location public meeting. For a project with an environmental classification of CE2, a location public meeting may be held after the conceptual plan is approved.

129.5.3.3 Design Public Meeting

A design public meeting is offered for projects where input from the public is needed on the design of a proposed project, regardless of environmental classification. The design public meeting should be considered by the PM for projects that substantially change, temporarily or permanently, the function of the roadway or may have an impact on the use of the roadway. A meeting will be considered, even if not "required", if the impact on the traveling public, adjoining property owners and businesses in the area is considered to be substantial. Additional consideration should be given for large projects, those that have many parcels or heavy public interest. Additionally, a design public meeting should be considered anytime a project impacts alignment (vertical or horizontal), impacts the roadway typical section, changes permanent traffic control infrastructure (stop control to signal control), minor right of way impacts, impacts other modes of transportation, road closures or detours (impacts to users are significant), potential environmental impacts, significant public interest in the project, controversial projects, major project that don’t require public hearings, cost share or cost apportionment projects in which we have other partners in delivering a project, projects that will be long in duration (more than one season to complete), etc. One principal indicator for when a design public meeting should be considered would be on projects that require a preliminary plan.

This is left to the discretion of the District Engineer, in consultation with the PM. A meeting may be desirable to advise local officials, EMS, school districts (bus routes), motor carriers (OWOD permits), adjacent property owners and other users of the details of the project. For instance, bridge replacement projects that close the road during construction should have a public meeting or opportunity for a public meeting to inform the public of the closure. If a public meeting is not held, reasons should be well-documented in eProjects. If the projects involves Noise, Section 106, Section 4(f) or Section 6(f) lands, the Design Public Meeting can contribute to the requirements of those issues. (See EPG 129.7 Noise Wall Public Meeting and Voting, EPG 129.8 Section 4(f) Lands and EPG 129.9 Section 106 and Tribal Consultation). A “virtual” design public meeting can be substituted for a design public meeting.

These criteria are considered a minimum level for which a public meeting or opportunity for a meeting is required. Authority to conduct the design public meeting is given with the District Engineer's approval of the preliminary plans. At design public meetings, the preliminary plans and other exhibits from the location study are displayed. Pertinent information about the location alternatives studied and reasons for selecting the proposed location are discussed. Details of the effect of the proposed design on individual properties are discussed along with information about the design alternatives studied.

A meeting will be considered, even if not "required", if the impact on the traveling public, adjoining property owners and businesses in the area is considered to be substantial. Additional consideration should be given for large projects, those that have many parcels or heavy public interest. This is left to the discretion of the District Engineer, in consultation with the PM. A meeting may be desirable to advise local officials, EMS, school districts (bus routes), motor carriers (OWOD permits), adjacent property owners and other users of the details of the project. A summary of the meeting is submitted to the state design engineer for design approval and housed in eProjects.

129.6 Public Hearing

Temporary Virtual Public Involvement During the COVID-19 Pandemic
FHWA will temporarily allow all public involvement activities previously conducted in-person to exclusively use virtual technologies and techniques that fulfill the essential purposes of the in-person public involvement during the COVID-19 pandemic. A Q&A Sheet about temporary virtual public involvement is available.

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). Refer to the box immediately to the right for information about virtual public involvement.

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:

  • 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.
Buck O'Neil Bridge Public Hearing
  • 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

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).

I-270 Public Meeting

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.
MHTC Meeting

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.

  • 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.

129.7 Noise Wall Public Meeting and Voting

For projects with noise impacts where noise abatement is both reasonable and feasible, a noise wall public meeting is required. Refer to EPG 127.13.8 Noise Wall Public Meeting and Voting for guidance.

129.8 Section 4(f) Lands

Section 4(f) of the Transportation Act of 1966 specifies that a transportation project requiring the use of publicly owned parks, recreation areas, wildlife and waterfowl refuges, and other considerations as determined by FHWA, or publicly or privately-owned historic sites listed or eligible for listing on the National Register of Historic Places can be approved only if there is no feasible and prudent alternative or is a de minimis impact to using that land and if all possible planning is done to minimize harm to the property. These types of properties are often referred to as Section 4(f) resources (refer to EPG 127.10 Section 4(f) Public Lands).

The level of public involvement required for Section 4(f) properties is dependent on how the use of the property will be documented for approval by FHWA. The Environmental and Historic Preservation Section must be consulted for appropriate public involvement for Section 4(f) properties.

For parks, recreation areas, or refuges, when there is a specific or isolated population that uses the Section 4(f) property, a more direct contact approach such as targeted mailing can be used. When it is unknown who uses the property, or the users come from a much larger geographic area, the public involvement requirement may involve a public meeting and/or hearing. If a public meeting or hearing will be used to satisfy the public outreach requirements of Section 4(f), be sure to clearly disclose such in the meeting or hearing notifications and advertisements. Refer to 23 CFR 774.5 (b)(2)(i). For historic properties, public notice and comment, beyond that required in 36 CFR 800, is not obligatory. Refer to (23 CFR 774.5 (b)(1)(iii)).

Historic de minimis

For historic de minimis the public involvement process mirrors the Section 106 public involvement process. Refer to EPG 129.9.

Parks, recreation areas, wildlife and waterfowl refuge de minimis

Parks, recreation areas, wildlife and waterfowl refuges shall have, at a minimum, a public notice and an opportunity for public review and comment. If the project does not require a public meeting, other means must be made to provide the public information on the Section 4(f) resource, impacts on it, and an opportunity to comment on the proposed de minimis determination. The notice shall be a minimum 10-day public notice and comment period and looks similar to the public meeting advertisement. Consult your CR manager for what is most appropriate for the area in question. This information can be made public through a press release in a newspaper, social media posts, comment cards left at the facility, sign-boards, hand-outs, etc. The notice should consider the resource and how the users of that resource are most likely to be reached. The public notice or opportunity for comment may be combined as part of other public involvement for the project, such as for NEPA, if the proposed impacts and findings related to the Section 4(f) properties have been determined.

If a public meeting is held, the materials at the public meeting should include information that identifies parks as Section 4(f) properties, identifies the characteristics of any parks in the project area, and include that a de minimis determination will be sought under 23 CFR 774.

The 4(f) evaluation shall be provided to the official with jurisdiction (OWJ) over the 4(f) property for coordination and comment. The OWJ(s) cannot approve the use of the property until after the public comment period has ended and public feedback has been provided. Any comments shall be addressed in the de minimis documentation. The public feedback must be provided to the OWJ(s) for consideration as part of the evaluation. The de minimis evaluation form, maps, OWJ concurrence, and the public involvement materials are submitted to FHWA for comment and approval. The materials are then included in the NEPA administrative record and/or the RES for the project.

Programmatic Evaluation

The project shall include public involvement activities that are consistent with the specific requirements of 23 CFR 771.111, Early coordination, public involvement and project development. For a project where one or more public meetings or hearings are held, information on the proposed use of the Section 4(f) property shall be communicated at the public meeting(s) or hearing(s).

Temporary Occupancy There are no regulatory requirements for public involvement for the temporary occupancy of a Section 4(f) resource. If a Section 4(f) resource will be used in such a matter, and it is known prior to a public meeting, the public meeting should include information on the Section 4(f) resource and the nature of impacts and how the resource will not be permanently damaged by the project.

Individual Section 4(f)

If an Individual Section 4(f) Evaluation is part of an EA or EIS, the draft Section 4(f) is included in the document which is made available for the public, and the public comment periods and methods overlap. For an EA or EIS, the draft Section 4(f) Evaluation must be included in the EA or draft EIS (DEIS) and FHWA must approve the draft Section 4(f) Evaluation as part of the approved EA or DEIS before the location public hearing can be held. The approved draft Section 4(f) Evaluation is provided to the U.S. Department of the Interior (DOI) for comment. A 45-day public comment period runs concurrently with the DOI review and comment. Typically, the notice is similar to a public meeting advertisement. For EISs, this occurs automatically with circulation of the DEIS. The environmental specialist circulates the approved Draft Section 4(f) Evaluation accompanying an EA or separate Section 4(f) Evaluations prepared for projects classified as CEs to DOI for comment. A Final Section 4(f) Evaluation that addresses any substantive comments is included with the Finding of No Significant Impact (FONSI) or Final EIS (FEIS).

If the project is a CE, there is a 30-day public comment period during the 45-day DOI review period, usually they end on the same date. A notice about the availability of the document is placed in the local newspaper and MoDOT website, an electronic copy of the document is placed on the project website, and a hard copy is placed in a local repository (city hall, county courthouse or public library). For CE projects, the environmental specialist prepares a separate Final Section 4(f) Evaluation. Comments should be sent by letter to the District Engineer. FHWA approval of the Final Section 4(f) Evaluation is integrated with location approval, which allows detailed design to begin.

129.9 Section 106 and Tribal Consultation

Section 106 of the National Historic Preservation Act requires that the public be offered the opportunity to receive information about and comment on the project's effect on historic properties. Section 106 also requires a federal agency to notify the public of proposed projects and offer the public an opportunity to provide input in a timely manner. The project's impacts on historic properties should be identified and discussed at public meetings. Documentation of public input or knowledge regarding these impacts is required in eProjects or the RES. A member of the public with a demonstrated interest in an undertaking may request and receive consulting party status from the federal agency. The district should work with the Historic Preservation Section to coordinate HP involvement in public meetings when there are historic properties present on a project.

Below is the guidance provided by the Advisory Council on Historic Preservation on what are the minimum standards for public involvement, public notice and information standard (36 CFR PART 800 2(d) & 6(a)(4)):

“At a minimum, the Agency Official has to provide an opportunity for the public to examine the results of the agency's effort to identify historic properties, evaluate their significance and assess the undertaking's effects upon them. When adverse effects are found, the Agency Official must also make information available to the public about the undertaking, its effects on historic properties and alternatives to resolve the adverse effects and must provide the public an opportunity to express their views on resolving adverse effects. The precise method of meeting these standards is left up to the Agency Official and may be guided by other applicable agency public involvement procedures. The agency can adjust the level and method based on the circumstances of the undertaking, as provided for in Sections 800.2(d) and 800.6(a)(4).”
“At a minimum, public notice should be designed to effectively inform the public about the nature of the undertaking, its effects and the public's likely interest in it. As for information, the documentation standards of Section 800.11 set requirements for the record at various steps in the process. These materials should be available to the public, unless constrained by legitimate confidentiality concerns. Other than Section 800.11's documentation standards, there is no special prescribed public notice and information standard for Section 106. Efforts to inform the public for other planning and environmental review purposes should be a guide to adequate efforts to meet Section 106 needs.”

Besides the public, Section 106 also requires federal agencies to consult on a “government-to-government” basis with federally-recognized tribes and nations with ancestral, historic, and ceded land connections to Missouri to facilitate avoiding or minimizing project impacts to cultural resources that a tribe considers of historical or religious significance. Consultation means the process of seeking, discussing, and considering the views of others, and where feasible, seeking agreement with them on how historic properties should be identified, considered, and managed. The federal government's unique relationship with tribes is derived from the U.S. Constitution, treaties, Supreme Court decisions, federal statutes, and executive orders. The Federal Highway Administration cannot delegate its government-to-government responsibility and overall consultation and coordination duties. However, if a tribe agrees in advance, FHWA may rely on MoDOT to carry out day-to-day, project-specific coordination and consultation. FHWA remains legally responsible for all findings and determinations.

129.10 Railroads

The district advises all railroads in the affected project area by sending a notice to the railroads' chief engineers when the project affects railroad lines, railroad yards or industrial properties belonging to the railroad. Preliminary layouts through yards or industrial areas are discussed with the railroads to ensure their current plans are not in conflict with the proposed project. This is done in coordination with the Multimodal Operations Division.

129.11 Public Involvement for Storm Water

Refer to EPG 127.29.9 Public Involvement for Stormwater.

129.12 Glossary of Terms

Categorical Exclusion (CE): A category of actions that based on past experience with similar actions, do not individually or cumulatively have a significant effect on the human environment and have been found to have no such effect in procedures adopted by a Federal Agency pursuant to the National Environmental Policy Act (NEPA), and for which neither an environmental assessment or an environmental impact statement is required. They are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on any natural, cultural, recreational, historic or other resource; do not involve significant air, noise, or water quality impacts; do not have significant impacts on travel patterns; and do not otherwise have any significant environmental impacts either individually or cumulatively.

Emergency situation: A health or other emergency situation as declared by the Governor, and/or President, and/or a local government jurisdiction which determines an in-person public hearing and/or in-person inspection of documents should be limited out of concerns for public health and/or safety, and/or MoDOT in coordination with FHWA determines that an in-person public hearing should not be held out of concerns for public health or safety.

Environmental Assessment (EA): A concise public document prepared in compliance with the National Environmental Policy Act (NEPA), that briefly discusses the purpose and need for an action, alternatives to such action, and provides sufficient evidence and analysis of impacts to determine whether to prepare an environmental impact statement (EIS) or a finding of no significant impact (FONSI).

Environmental Impact Statement (EIS): A detailed written statement required by section 102 (2) (C) of the National Environmental Policy Act (NEPA), analyzing the environmental impacts of a proposed action, adverse effects of the project that cannot be avoided, alternative courses of action, short-term uses of the environment versus the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitment of resources.

Finding of No Significant Impact (FONSI): If after the completion of an EA it is determined there will be no significant impacts on the quality of the environment, a finding of no significant impact (FONSI) will be prepared to conclude the process and document the decision.

Limited English Proficiency (LEP): Individuals who cannot speak, read, write, or understand the English language at a level that permits them to interact effectively.

Location Study: Prepared to determine the most advantageous location for a proposed highway improvement based on project purpose and need and on engineering and environmental constraints. The location study and the environmental analysis are developed concurrently.

Low-Income: A person whose median household income is at or below the Department of Health and Human Services poverty guidelines.

Low-Income Population: Readily identifiable groups of low-income persons who live in geographic proximity, and if circumstances warrant, geographically dispersed/transient person (such as migrant workers or Native Americans), who will be similarly affected by a proposed DOT program, policy, or activity.

Major Infrastructure Project: An infrastructure project for which multiple Federal authorizations will be required to proceed with construction, the lead Federal agency has determined that it will prepare an EIS under NEPA, and the project sponsor has identified the reasonable availability of funds sufficient to complete the project.

Minority: A person who is:

(1) Black: a person having origins in any of the black racial groups of Africa;
(2) Hispanic or Latino: a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race;
(3) Asian American: a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent;
(4) American Indian and Alaskan Native: a person having origins in any of the original people of North America, South America (including Central America), and who maintains cultural identification through tribal affiliation or community recognition; or
(5) Native Hawaiian and Other Pacific Islander: people having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

Minority Population: Any readily identifiable groups of minority persons who live in geographic proximity, and if circumstances warrant, geographically dispersed/transient person (such as migrant workers or Native Americans) who will be similarly affected by a proposed Department of Transportation (DOT) program, policy or activity.

National Environmental Policy Act (NEPA): Requirement of Federal agencies to assess the environmental effects of their proposed actions prior to making decisions. Under the NEPA process, agencies evaluate the environmental and related social and economic effects of their proposed actions and provide opportunities for public review and comment on those evaluations. NEPA applies to a broad range of federal actions that include, but are not limited to, constructing highways and other publicly owned facilities, adopting federal land management actions, and federal permitting.

Notice of Intent (NOI): A notice published in the federal register that an environmental impact statement will be prepared and considered.

Pre-Location Study Meeting: A meeting conducted for projects that require an EA, EIS, or CE2 held prior to the preparation of a location study/environmental report or conceptual study, or a CE2 to gain public input on the draft purpose and need, the range of alternatives and the impact on the local communities and the environmental of the area.

Programmatic Agreement (PA): A document that spells out details the terms of a formal, legally binding agreement between a state DOT and other state, local and/or federal agencies.

Programmatic CE (PCE): An agreement between FHWA and the State DOT to make Categorical Exclusions (CE), (most of which are listed under 23 CFR Part 771.117(d)), more efficient and faster. The PCE agreement allows the State DOT to document, review, and approve CEs without requiring FHWA Division Office review in order to proceed to the next step of the project development process.

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.

  • 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.

Public Involvement (PI): An integral part of the transportation process which helps to ensure decisions are made in consideration of and to benefit public needs and preferences. It involves seeking public input at key points in the decision-making process where such input has a real potential to help shape the final decision or set of actions. This includes early and continuing opportunities during project development for the public to be involved in the identification of social, economic, and environmental impacts, as well as impacts associated with relocation of individuals, groups, or institutions.

Public Involvement Plan (PIP): An announced meeting conducted by transportation officials designed to facilitate participation in the decision-making process and to assist the public in gaining an informed view of a proposed project at any level of the transportation project development process; also, such a gathering may be referred to as a public information meeting.

Public Meeting: A public gathering for the express purpose of informing and soliciting input from interested individuals regarding transportation issues.

Purpose and Need: A clear and well documented section of an EIS or EA or some CEs defining the need for the project and how that need will be fulfilled. The purpose and need drive the development of the range of alternatives.

Virtual Public Involvement (VPI): The use of digital technology to engage individuals or to visualize projects and plans.