5.7 Public Involvement

Public involvement is an ongoing phase of the project development process that encourages and solicits public input and provides the public the opportunity to become involved and informed in a timely manner regarding project development. Public involvement is an integral continuous part of project development.
The public should have accurate timely access to project information and input in decision-making processes. The level of involvement should reflect department policy adopted by the Texas Transportation Commission on January 27, 2011, for public involvement best practices.
The TPP - Public Involvement section was created to assist District and Division offices with public involvement efforts in project development and planning. The Public Involvement section is an on-site resource that provides the following services:
  • Assists with official correspondence with the media;
  • Assists with planning and conducting public meetings and open houses;
  • Assists with planning and executing public involvement efforts;
  • Facilitates meetings;
  • Provides innovate public outreach tools and techniques;
  • Writes and reviews public involvement plans; and
  • Writes and reviews public meeting scripts.
Follow TxDOT guidance and procedures for meeting public involvement requirements for projects, either state or federally funded, undergoing the environmental analysis project development process as outlined in the references listed below.
Required public involvement must be completed prior to the final environmental decision.

5.7.1 Formal Public Involvement and Additional Public Outreach

Requirements for “formal” public involvement (PI) are outlined in the Environmental Handbook – Public Involvement (i.e., a notice and opportunity to comment, public meeting, opportunity for public hearing, public hearing, and various types of required notices). However, consistent with TxDOT’s overall public involvement policy, the project team is encouraged to perform additional informal outreach with affected members of the public. Such informal outreach may include small group meetings, telephone conferences, online engagement surveys or emails with individuals or groups. This outreach should be performed with stakeholders such as business owners, property owners, homeowners’ associations, residents of the community that the project is serving, etc., as appropriate – this “additional public outreach” should be documented in ECOS.
The following gives a brief description of the formal public involvement activities. Additional information is included in TxDOT’s
Environmental Handbook - Public Involvement
 document. Information on additional formal and informal public involvement activities is included in the statewide
Strategic Public Engagement Guidance
.
5.7.1.1 Notice and Opportunity to Comment
The purpose of a notice and opportunity to comment (NOC) is to inform real property owners and affected local governments and public officials of the project and allow them an opportunity to submit comments prior to the environmental decision on the project.
A NOC is required in the following situations:
  • Acquisition of new ROW (including a temporary or permanent easement);
  • Added capacity; and
  • Construction of a highway at a new location.
If a public meeting, opportunity for public hearing, or public hearing is held for a given project, then it is not necessary to also do a separate NOC to comment so long as the notice of the public meeting, opportunity for public hearing, or public hearing is provided directly to the entities that would otherwise be entitled to receive a NOC.
5.7.1.2 Public Meetings
Public meetings are meetings with the general public and can be conducted in person, virtually, or both. Public meetings are tailored to suit individual projects and anticipated audiences.
Public meetings are typically planned and coordinated by TxDOT; however, for projects where a municipality, county, group of adjoining counties, regional mobility authority, local government corporation, or transportation corporation is the official project sponsor, that entity can plan and coordinate public meetings as long as
the TxDOT format and requirements are adhered to
.
For more information on virtual public meetings, contact TPP – Public Involvement Section.
A public meeting is held to exchange ideas and collect input on the need for possible changes to design features, alternatives, potential impacts, and mitigation for a proposed project. Public meetings are intended to gather input from the public and to keep the public informed during any phase of a project.
All public hearings are types of public meetings, but not all public meetings are hearings.
Public meetings provide early and continuing opportunities during project development for the public to be involved in the identification of social, economic, and environmental impacts and impacts associated with the relocation of individuals, groups, or institutions.
There is no limit to the number of public meetings that may be held for a project.
Public meetings are recommended for projects that:
  • Require large amounts of ROW;
  • Propose access changes; or
  • Where displacements, impacts to historic properties, substantial public interest, or substantial public controversy are anticipated.
Public meetings may be recommended for projects that have other needs as well (e.g., projects with conflicting public opinion).
5.7.1.3 Notice Affording an Opportunity for a Public Hearing (NAOPH)
An NAOPH is required for specific projects, as outlined below, to determine if the public desires a formal public hearing. A project sponsor can hold a formal public hearing in lieu of providing an opportunity for a public hearing. The decision to afford an opportunity for public hearing is made by a project sponsor in consultation with the department delegate.
An NAOPH informs the public that a hearing may be held for a project if
ten or more
 individuals request a hearing, or if an agency with jurisdiction submits a request supported with reasons why a hearing will be helpful.
In lieu of holding a public hearing, an opportunity for public hearing must be afforded if the project meets any of the following conditions:
  • The project requires the acquisition of significant amounts of ROW;
  • The project has a substantial adverse impact on or abutting real property; or
  • The project is the subject of an EA. An opportunity for a public hearing is the minimum public involvement requirement for an EA.
5.7.1.4 Public Hearings
Public hearings are conducted to provide an opportunity during project development for the public to be more formally involved in the identification of social, economic, and environmental impacts and impacts associated with the relocation of individuals, groups, or institutions. Information regarding a proposed project – including project design information, project alternatives, and environmental findings – is presented at a public hearing, and the public is encouraged to provide comment on the proposed project.
A public hearing or an NAOPH is required for all EAs, and a public hearing is required for all EISs. CE projects with any of the characteristics below also require a public hearing.
TxDOT holds a public hearing if any of the following statements apply to the project:
  • Ten or more individuals submit a written request for a hearing, or an agency with jurisdiction over the project submits a written request for a hearing that is supported by reasons why a hearing will be helpful. However, a public hearing is
    not required
     if:
    • A public hearing was held concerning the project before the requests are received;
    • The hearing request(s) are received after the environmental review document or CE determination for the project is approved;
    • The hearing request(s) are received after the deadline specified in an NAOPH; or
    • The project sponsor has addressed all the concerns of the agency or persons requesting the hearing and they have submitted written withdrawals of their hearing requests such that no agency request and less than 10 individual requests remain.
  • The project involves substantial public interest or controversy;
  • TxDOT approves a DEIS;
  • The project substantially changes the layout or function of a connecting roadway or an existing facility (e.g., addition of managed lanes, HOV lanes, bicycle lanes, bus lanes, transit lanes, etc.)
  • TxDOT determines it is in the public interest;
  • The project bypasses a municipality;
  • The project requires the taking of public land designated and used as a park, recreation area, wildlife refuge, historic site, or scientific area, as covered under Chapter 26 of the PWC; or
  • The project requires the use or taking of private land encumbered by an agricultural conservation easement purchased under Chapter 183 of the NRC.

5.7.2 Public Involvement Comments

The public has the opportunity during public involvement activities to comment on the proposed project location, design and cultural, economic, historical, and environmental impacts. These comments in whatever form they are received, must be documented in a Public Comment Response matrix and a response formulated.
Documentation requirements vary based on the type of public involvement conducted. Templates and guidance for the required documentation format are available on the TxDOT.gov Public Involvement Toolkit webpage.
  • Coordination:
  •  District environmental staff
  •  TPP –Public Involvement staff
  • Tools to use:
  • Available training:
  •  EPI100 – Effective Public Involvement
  •  ENV112 – Public Involvement for NEPA
  •  ENV402 – Public Involvement in the Transportation Decision Making Process