Page images
PDF
EPUB

January 14, 1969

Par. 6

6. HEARING REQUIREMENTS

(2) With respect to those projects which

have not received design approval: a. Both a corridor public hearing and a design public hearing must be held, or an

(a) If design approval is not reopportunity afforded for those hearings, with quested within 3 years after the date of the respect to each Federal-aid highway project hearing or an opportunity for a hearing, comthat:

pliance with the design hearing requirements

is required. (1) Is on a new location; or

(b) If design approval is requested (2) Would have a substantially different within 3 years after the date of the hearing or social, economic or environmental effect; or an opportunity for a hearing, compliance with

the design hearing requirements is neverthe(3) Would essentially change the layout less required unless the division engineer or function of connecting roads or streets. finds that the hearing adequately dealt with

design issues relating to major design features. However, with respect to secondary road programs, two hearings are not required on a

e. If location approval is not requested project covered by paragraph 6(a)(1) or (2) within 3 years after the date of the related unless it will carry an average of 750 vehicles corridor hearing held, or an opportunity for a day in the year following its completion. a hearing afforded, under this PPM, a new

hearing must be held or the opportunity afb. A single combined corridor and highway forded for such a hearing. design public hearing must be held, or the opportunity for such a hearing afforded, on all f. If design approval is not requested other projects before route location approval, within 3 years after the date of the related except as provided in paragraph 6.c. below. design hearing held, or an opportunity for a

hearing afforded, under this PPM, a new c. Hearings are not required for those hearing must be held or the opportunity afprojects that are solely for such improvements forded for such a hearing. as resurfacing, widening existing lanes, adding auxiliary lanes, replacing existing grade 7. OPPORTUNITY FOR PUBLIC HEARINGS separation structures, installing traffic control devices or similar improvements, unless

a. A State may satisfy the requirements the project:

for a public hearing by (1) holding a public

hearing, or (2) publishing two notices of (1) Requires the acquisition of addi

opportunity for public hearing and holding a tional right-of-way; or

public hearing if any written requests for such

a hearing are received. The procedure for (2) Would have an adverse effect upon

requesting a public hearing shall be explained abutting real property; or

in the notice. The deadline for submission of

such a request may not be less than 21 days (3) Would change the layout or function

after the date of publication of the first notice of connecting roads or streets or of the facil

of opportunity for public hearing, and no less ity being improved.

than 14 days after the date of publication of the

second notice of opportunity for public hearing. d. With respect to a project on which a hearing was held, or an opportunity for a

b. A copy of the notice of opportunity for hearing afforded, before the effective date of

public hearing shall be furnished to the division this PPM, the following requirements apply:

engineer at time of publication. If no requests

are received in response to a notice within the (1) With respect to projects which have time specified for the submission of those renot received location approval:

quests, the State highway department shall

certify that fact to the division engineer. (a) If location approval is not re

c. quested within 3 years after the date of the

The opportunity for another public hearhearing or an opportunity for a hearing, com

ing shall be afforded in any case where propliance with the corridor hearing requirements posed locations or designs are so changed from is required unless a substantial amount of

those presented in the notices specified above right-of-way has been acquired.

or at a public hearing as to have a substan

tially different social, economic, or environ(b) If location approval is re

mental effect. quested within 3 years after the date of the hearing or an opportunity for a hearing, com

d. The opportunity for a public hearing pliance with the corridor hearing requirements shall be afforded in each case in which either is not required.

the State highway department or the division

Par. 70

January 14, 1969 engineer is in doubt as to whether a public at the nearest State highway department office hearing is required.

or at some other convenient location in the

vicinity of the proposed project. e. Public hearing procedures authorized and required by State law may be followed in

(4) A notice of highway design public lieu of any particular hearing requirement of

hearing shall indicate that tentative schedules paragraph 7 or 8 of this PPM if, in the opin- for right-of-way acquisition and construction ion of the Administrator, such procedures are will be discussed. reasonably comparable to that requirement.

(5) Notices of public hearing shall 8. PUBLIC HEARING PROCEDURES

indicate that relocation assistance programs

will be discussed . a, Notice of public hearing:

(6) The State highway department shall (1) When a public hearing is to be held furnish the division engineer with a copy of the a notice of public hearing shall be published notice of public hearing at the time of first at least twice in a newspaper having general publication, circulation in the vicinity of the proposed undertaking. The notice should also be pub

b. Conduct of public hearing: lished in any newspaper having a substantial circulation in the area concerned; such as

(1) Public hearings are to be held at foreign language newspapers and local com- a place and time generally convenient for permunity newspapers. The first of the required sons affected by the proposed undertaking. publications shall be from 30 to 40 days before the date of the hearing, and the second shall

(2) Provision shall be made for subbe from 5 to 12 days before the date of the mission of written statements and other exhihearing. The timing of additional publications bits in place of, or in addition to, oral stateis optional,

ments at a public hearing. The procedure for

the submissions shall be described in the (2) In addition to publishing a formal

notice of public hearing and at the public hearnotice of public hearing, the State highway ing. The final date for receipt of such statedepartment shall mail copies of the notice to ments or exhibits shall be at least 10 days appropriate news media, the State's resource, after the public hearing. recreation, and planning agencies, and appropriate representatives of the Departments of

(3) At each required corridor public Interior and Housing and Urban Development. hearing, pertinent information about location The State highway department shall also mail alternatives studied by the State highway departcopies to other federal agencies, and local ment shall be made available. At each required public officials, public advisory groups and highway design public hearing information about agencies who have requested notice of hearing design alternatives studied by the State highway and other groups or agencies who, by nature department shall be made available, of their function, interest, or responsibility the highway department knows or believes

(4) The State highway department shall might be interested in or affected by the pro- make suitable arrangements for responsible posal. The State highway department shall highway officials to be present at public hearestablish and maintain a list upon which any ings as necessary to conduct the hearings and federal agency, local public official, public to be responsive to questions which may arise. advisory group or agency, civic association or other community group may enroll upon its

(5) The State highway department shall request to receive notice of projects in any describe the State - Federal relationship in the area specified by that agency, official or Federal-aid highway program by an appropriate group.

brochure, pamphlet, or statement, or by other

means. (3) Each notice of public hearing shall specify the date, time, and place of the hear

(6) A State highway department may ing and shall contain a description of the pro- arrange for local public officials to conduct a posal. To promote public understanding, the

required public hearing. The State shall be inclusion of a map or other drawing as part of appropriately represented at such public hearthe notice is encouraged. The notice of public ing and is responsible for meeting other rehearing shall specify that maps, drawings, quirements of this PPM. and other pertinent information developed by the State highway department and written views

(7) State highway department shall received as a result of the coordination out- explain the relocation assistance program and lined in Paragraph 5, a will be available for

relocation assistance payments available, public inspection and copying and shall specify where this information is available; namely,

[ocr errors]

January 14, 1969

Par. 8b(8) (8) At each public hearing the State 10. LOCATION AND DESIGN APPROVAL highway department shall announce or otherwise explain that, at any time after the hearing

a. This section applies to all requests and before the location or design approval re- for location or design approval whether or not lated to that hearing, all information devel

public hearings, or the opportunity for public oped in support of the proposed location or

hearings, are required by this PPM. design will be available upon request, for public inspection and copying.

b. Each request by a State highway de

partment for approval of a route location or (9) To improve coordination with the

highway design must include a study report State highway department, it is desirable that

containing the following: the division engineer or his representative attend a public hearing as an observer. At a

(1) Descriptions of the alternatives hearing, he may properly explain procedural

considered and a discussion of the anticipated and technical matters, if asked to do so. A

social, economic, and environmental effects Federal Highway Administration decision re- of the alternatives, pointing out the signifigarding a proposed location or design will not cant differences and the reasons supporting be made before the State highway department the proposed location or design. In addition, has requested location or design approval in the report must include an analysis of the accordance with paragraph 10.

relative consistency of the alternatives with

the goals and objectives of any urban plan that c. Transcript:

has been adopted by the community concerned. (1) The State highway department shall

(a) Location study reports must provide for the making of a verbatim written describe the termini, the general type of transcript of the oral proceedings at each facility, the nature of the service which the public hearing. It shall submit a copy of the highway is intended to provide, and other major transcript to the division engineer within a features of the alternatives. reasonable period (usually less than 2 months) after the public hearing, together with:

(b) Design study reports must

describe essential elements such as design (a) Copies of, or reference to, or standards, number of traffic lanes, access photographs of each statement or exhibit used

control features, general horizontal and vertior filed in connection with a public hearing. cal alignment, right-of-way requirements and

location of bridges, interchanges, and other (b) Copies of, or reference to, all structures, information made available to the public before the public hearing.

(2) Appropriate maps or drawings of

the location or design for which approval is (2) The State highway department shall requested. make copies of the materials described in subparagraph 8. c. (1) available for public inspec

(3) A summary and analysis of the tion and copying not later than the date the views received concerning the proposed undertranscript is submitted to the division engineer taking. 9. CONSIDERATION OF SOCIAL, ECONOMIC

(4) A list of any prior studies relevant AND ENVIRONMENTAL EFFECTS

to the undertaking. State highway departments shall consider c. At the time it requests approval under social, economic, and environmental effects this paragraph, each State highway department before submission of requests for location or shall publish in a newspaper meeting the requiredesign approval, whether or not a publc hear- ments of paragraph 8. a. (1), a notice describing ing has been held. Consideration of social the location or design, or both, for which it is economic, and environmental effects shall

requesting approval. The notice shall include include an analysis of information submitted to a narrative description of the location or design. the State highway department in connection Where practicable, the inclusion of a map or with public hearings or in response to the no- sketch of that location or design is desirable. In tice of the location or design for which a State any event, the publication shall state that such highway department intends to request appro- maps or sketches as well as all other informaval. It shall also include consideration of in- tion submitted in support of the request for apformation developed by the State highway proval is publicly available at a convenient department or gained from other contacts with location. interested persons or groups.

Par. 10d

January 14, 1969

d. The following requirements apply to the

(2) preparation of study reports as processing of requests for highway location described in paragraph 10(b), and or highway design approval:

(3) corridor and highway design public (1) Location approval. The division

hearings in all cases where they would be engineer may approve a route location and

required for Federal-aid projects not adminisauthorize design engineering only after the tered under the Secondary Road Plan. Project following requirements are met:

actions by the division engineer or submissions

to the division engineer which are not now re(a) The State highway department quired should not be established for Secondary has requested route location approval.

Road Plan projects as a result of this PPM. (b) Corridor public hearings re- 11. PUBLICATION OF APPROVAL quired by this PPM have been held, or the opportunity for hearings has been afforded.

In cases where a public hearing was held,

or the opportunity for a public hearing afforded, (c) The State highway department

the State highway department shall publish notice has submitted public hearing transcripts and of the action taken by the division engineer on certificates required by section 128, title 23,

each request for approval of a highway location United States Code,

or design, or both, in a newspaper meeting the

requirements of paragraph 8. a. (1), within 10 (d) The requirements of this PPM

days after receiving notice of that action. The and of other applicable laws and regulations. notice shall include a narrative description of

the location and/or design, as approved. Where (2) Design approval. The division

practicable, the inclusion of a map or sketch engineer may approve the highway design and of that location or design is desirable. In any authorize right-of-way acquisition, approve event, the publication shall state that such maps right-of-way plans, approve construction or sketches as well as all other information plans, specifications, and estimates, or author concerning the approval is publicly available ize construction, only after the following re- at a convenient location, quirements have been met:

12. REIMBURSEMENT FOR PUBLIC HEAR(a) The route location has been

ING EXPENSES approved,

Public hearings are an integral part of the (b) The State highway department preliminary engineering process. Reasonable has requested highway design approval.

costs associated with public hearings are eli

gible for reimbursement with Federal-aid (c) Highway design public hearings funds on the same basis as other preliminary required by this PPM have been held, or the engineering costs. opportunity for hearings has been afforded.

[blocks in formation]
[blocks in formation]

Appendix A - Procedures on Historic

Preservation
Appendix B - Example of Design Con-

.currence Letter
Appendix C - Location Stage Flow Chart
Appendix D - Design Stage Flow Chart
Appendix E Environmental Statements

Contents and Format
Appendix F - Evaluating Highway Section

Environmental Effects
Appendix G - Inter-Agency Review of

Draft Environmental Statements
Appendix H · Selections from PPM 20-8,
for Use in Preparing Environmental
Statements
Appendix I - Purchasing Copies of
Environmental Statements

[blocks in formation]

Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies which are authorized to develop and enforce environmental standards, shall accompany the proposal through the existing agency review processes.

b. Section 1653(1), Title 49, United States Code 17, Section 138, Title 23, United States Code, (hereafter referred to as "Section 4(8"') permits the Secretary of Transportation to approve a program or project which requires the use of publicly owned land from a park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State or local officials having jurisdiction thereof, or land from an historic site of national, State, or local significance as so determined by such officials (hereafter "Section 4(1) land") only if:

[blocks in formation]

(1) there is no feasible and prudent alternative to the use of such land, and

a. Section 4332(2)(C), Title 42, United States Code (popularly known as Section 102 (2)(C) of the National Environmental Policy Act of 1969, P.L. 91-190) states in part

that all agencies of the Federal Government shall:

"include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible officials

(2) such program includes all possible planning to minimize harm to the Section 4(f) land resulting from such use.

on

(i) the environmental impact of the proposed action,

1/ Section 1653(1), Title 49, United States

Code, is identical to Sections 138, Title 23, United States Code, and 4(f) of the Department of Transportation Act as amended by Section 18 of the Federal-Aid Highway Act of 1968."

« PreviousContinue »