When a public hearing or other required meeting is to be held, a notice shall be published in at least one newspaper having general circulation in the vicinity of the proposed project. A second notice about one week before the public hearing/meeting is also required (if newspaper schedules allow). The notices shall also be published in any newspaper such as foreign language newspapers or minority publications that have a substantial circulation in the project area. The first notice shall be published a minimum of 30 days before the date of the hearing. The timing of additional notices is optional. Alternatively, consideration should be given to purchase of an ad, if the district/division believes the legal notice will not be effective. A paid advertisement should be designed to catch the public’s attention and be tailored to the project and its environment. It would be most useful when a legal notice would potentially be “hidden” in a large newspaper in major cities. The paid ads would serve as official notice.
In addition to publishing a formal notice(s) or ad for the hearing or meeting, copies of the notice, ad, or press release or other notification letters should be distributed to appropriate news media and local, state, and federal governmental agencies that are affected by, or involved in, the project. Consideration shall also be given to mailing copies to any agency, local public officials, public advisory groups, or individuals who have requested notice of hearings and to other groups, who by nature of their function, interest, or responsibility, the project manager knows, or believes, might be interested in, or affected by, the undertaking. The district/division, with the assistance of the Office of Technical Support, is responsible for the notification.
Each notice of a public hearing or meeting shall specify the date, time, place, and purpose of the hearing or meeting and shall contain a brief description of the proposal. The notice shall specify that maps, drawings, and other pertinent information, including the DEIS, EA, or other project document (draft Project Memorandum) developed for the proposal, as well as written views received from local, state, and federal agencies, will be available for public inspection and copying. The notice shall specify where this information is available, such as, at the department, district/division office, or at another convenient public building such as the city hall, library, or post office in the vicinity of the proposed project. It is desirable to coordinate document comment periods with public hearings and their comment periods (see time lines). A notice of a public hearing shall indicate, when applicable, that the tentative schedules for right-of-way acquisition and construction will be discussed and shall also indicate that the Department’s relocation assistance program will be explained. In addition, items specifically required by federal and/or state agency guidelines will be included in the notice. Currently, these items include identification of significant flood plain encroachments, if applicable, shall be included. The notices for the public hearing and the availability of the environmental document should also note that one or more alternatives affect wetlands (when applicable). A brief description of how to submit a statement or exhibits at the hearing and the statements will be received by Mn/DOT within 10 (or more) days after the hearing shall be included. This date should be coordinated with the DEIS or EA comment deadlines when applicable.
A transcript of the oral proceedings of the public hearing shall be made. A copy of the transcript and written statements received shall be made available to the public for inspection and copying. Procedures for reviewing the transcript shall be announced at the public hearing. In addition, copies will be provided to individuals who request such copies as provided for in the Freedom of Information Act. A summary of public hearing proceedings will be included in the Final EIS, or will accompany the request for a finding of no significant impact (FONSI). The transcript together with a Certificate of Compliance Form, copies of, or reference to, material used or presented at the hearing or submitted within the allotted time following the hearing, is forwarded to the FHWA as soon as practicable unless the project is covered by Certification Acceptance procedures. FHWA approval of the FEIS or FONSI constitutes compliance with the public hearing process for Non-Categorical Exclusions. For Categorical Exclusion projects, a separate compliance action by FHWA is not taken. If significant flood plain encroachments exist, this shall be noted in the public hearing presentation. When wetlands are affected, such effects shall be explained.
The public hearing requirements (except for Class I actions which require a public hearing) can be satisfied by holding a public hearing, publishing two notices offering the opportunity for a public hearing, and holding a hearing if any written request(s) for such a hearing is received except as discussed below. The procedure for requesting a public hearing shall be explained in the notice. In addition, the notice shall announce the availability of the EA or other project document developed for the project and shall explain how copies may be obtained and where the comments should be submitted. The deadline for submission of such comments and/or a request for a public hearing shall be at least 30 days after the date of publication of the first notice and at least 14 days after the date of publication of the second notice if a second notice was published. If no requests are received in response to a notice within the time specified, Mn/DOT shall certify that fact to the FHWA and indicate that the public hearing requirements have been fulfilled. The revised Certificate of Compliance Form should be used. If, the project is covered by Certification Acceptance procedures, the Certificate of Compliance does not need to be sent to the FHWA.
When a limited number of requests are received in response to a notice offering the opportunity for a public hearing, appropriate Mn/DOT representatives may meet with those individuals responding. If, following a meeting, the individuals withdraw their requests in writing, Mn/DOT may certify that the public hearing requirements have been satisfied. In certain cases following such a meeting when a limited number of individuals do not, or will not, withdraw their requests and it can be documented that their requests are based on purely personal matters, Mn/DOT shall prepare a written explanation of the situation and may certify to the FHWA (for federally funded projects) that a public hearing would not be in the overall public interest. With FHWA concurrence, the public hearing requirements may be waived.
Source: Hear Every Voice: A Guide to Public Involvement at Mn/DOT Chapter 4 – Project Development Approach, pp.43-44
Published: June 1999
