Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013 Page: 8,809
8721-8970 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(d) Documentation requirements. The project sponsor will
maintain records of all MAPOs in the project file, and will forward
those records to the department delegate on request.
2.105. Public Meeting.
(a) Purpose. A public meeting is held for the purpose of ex-
changing ideas and collecting input on the need for, possible alterna-
tives to, and potential impacts of a project. Public meetings are in-
tended to gather input from the public and keep the public informed
during the development of a project. Public meetings include meetings
with interested citizens, the general public, or local, neighborhood, or
special interest groups.
(b) When to hold a Public Meeting.
(1) A project sponsor may hold one or more public meet-
ings for any project. The decision to hold a public meeting should be
based on the project's type, complexity, and level of public concern that
is based on environmental issues.
(2) The project sponsor shall hold a public meeting during
the drafting of a DEIS to present the draft coordination plan.
(c) Notice Requirements. The project sponsor may select one
or more appropriate outreach methods to inform the public of a public
meeting. Outreach methods will be appropriate for the anticipated au-
dience to maximize attendance.
(d) Documentation Requirements. After a public meeting, the
project sponsor will prepare a written summary of the meeting, includ-
ing the comments received, responses to comments, and modifications,
if any, to the project resulting from the comments. The written sum-
mary will be forwarded to the department delegate for review and main-
tained in the project file.
2.106. Opportunity.for Public Hearing.
(a) Purpose. An opportunity for a public hearing permits the
public to request a public hearing for a project when the project sponsor
is not otherwise obligated to hold a public hearing.
(b) When to afford an opportunity for public hearing.
(1) The project sponsor will afford an opportunity for a
public hearing for a project if:
(A) the project requires the acquisition of significant
amounts of right-of-way;
(B) the project substantially changes the layout or func-
tion of connecting roadways or of the facility being improved;
(C) the project adds through-lane capacity, not includ-
ing auxiliary lanes or other lanes less than one mile in length;
(D) the project has a substantial adverse impact on abut-
ting real property;
(E) the project otherwise causes a significant social,
economic, or environmental effect;
(F) the results of environmental studies support a
FONSI; or
(G) the project sponsor or department delegate deter-
mines it is in the public interest.
(2) A project sponsor is not required to comply with this
section if the project sponsor holds a public hearing for the project
under another provision.
(c) Notice Requirements.
(1) The project sponsor will publish, at a minimum, one
notice of the opportunity to request a public hearing in a local news-paper having general circulation. The notice shall be published ap-
proximately 30 days prior to the deadline for submission of written
requests for holding a public hearing. If there is no local newspaper in
the area affected by the project, the project sponsor will publish notice
in a newspaper having general circulation in the area affected by the
project.
(2) In addition, the project sponsor will select a minimum
of one additional outreach method to inform the public of an opportu-
nity to request a public hearing.
(3) The project sponsor will mail notice of the opportunity
to request a public hearing to landowners abutting the roadway within
the proposed project limits, as identified by tax rolls or other reliable
land ownership records, and to affected local governments and public
officials.
(d) Procedural Requirements.
(1) The project sponsor will provide notice of the opportu-
nity after location and design studies are developed and the environ-
mental review document or documentation of categorical exclusion is
approved for public disclosure by the department delegate.
(2) A public hearing is not required under this section if, at
the end of the time set for affording an opportunity to request a public
hearing, no requests have been received or the project sponsor has ad-
dressed all concerns of the persons requesting the public hearing.
(e) Documentation Requirements. If, after providing an op-
portunity for a public hearing under this section, the project sponsor
does not hold a public hearing, the project sponsor will submit to the
department delegate an original certification of the public participation
process signed by the department public hearing officer containing a
statement that the requirements of this section have been met.
2.107. Public Hearing.
(a) Purpose. A public hearing is held to present project alter-
natives and to encourage and solicit public comment.
(b) When to hold a public hearing. A project sponsor will hold
a public hearing if:
(1) a request for hearing is received under 2.106 of this
subchapter (relating to Opportunity for Public Hearing);
(2) ten or more individuals submit a written request for a
hearing, except that a public hearing is not required under this para-
graph if a public hearing has been held concerning the project before
the requests are received or if the hearing requests are received after
the environmental review document or documentation of categorical
exclusion for the project is approved; or
(3) the project is:
(A) a project with substantial public interest or contro-
versy;
(B) an EIS project;
(C) a high-profile project;
(D) a project that constructs a new facility on a new lo-
cation;
(E) a project that requires the taking of public land des-
ignated and used as a park, recreation area, wildlife refuge, historic site
or scientific area, as covered in the Parks and Wildlife Code, Chapter
26; or
(F) a project that requires the use or taking of private
land encumbered by an agricultural conservation easement purchased
under Natural Resources Code, Chapter 183.PROPOSED RULES December 6, 2013 38 TexReg 8809
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013, periodical, December 6, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379983/m1/89/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.