Title of Regulation: 24VAC30-380. Public Hearings for Location and Design of Highway Construction Projects (amending 24VAC30-380-10).

Statutory Authority: §§ 33.1-12 and 33.1-18 of the Code of Virginia.

Effective Date: October 22, 2008.

Agency Contact: Mohammad Mirshahi, P.E., State Location and Design Engineer, Department of Transportation, Location & Design Division, 1401 East Broad Street, 7th Floor Annex, Richmond, VA 23219, telephone (804) 786-2507, FAX (804) 786-5157, or email m.mirshahi.@vdot.virginia.gov.

Summary:

This regulation establishes the general provisions VDOT will follow when presenting its project-related plans, studies, and technical data for public comment, such as rules for implementing the regulation, types of hearings required for different road systems, and exceptions to public hearing requirements. Generally, the amendments have been made to improve the clarity of the regulation, to update statutory references, and to bring the regulation into line with VDOT public hearing policies.

An existing statutory requirement concerning the holding of public hearings when unpaved secondary roads need emergency paving has been added. A provision concerning the types of public hearings that can be held for projects with insignificant public interest or environmental impacts has been amended to eliminate discretion as to what action can be taken. New text explicitly mentioning notices and conditions satisfying public hearing requirements have been added to 24VAC30-380-10 B 4. VDOT has also added new text explicitly stating the agency’s commitment to hold a design public hearing in response to a request related to a notice of willingness, should issues raised in connection with the request be unresolvable through other means.

24VAC30-380-10. Policy, rules, and exclusions from the public hearing process General provisions.

A. In the development of highway construction projects, VDOT shall consider a wide range of factors and opportunity shall be allowed for consideration and participation by public and private interests before final approval of highway locations or designs, or both. A public hearing held pursuant to § 33.1-18 of the Code of Virginia is a well-publicized opportunity for VDOT to present its studies and policies projects while receiving and documenting comments from affected or interested citizens. Such hearings will be held in compliance with § 51.5-40 of the Code of Virginia relating to participation by the disabled in state programs or activities.

B. In the development of any project, VDOT shall consider a wide range of factors, and shall allow full opportunity for consideration and participation by public and private interests before final approval of highway locations and designs.

C. B. These are the rules that apply to the implementation of the policy. this regulation:

1. A notice to hold a public hearing or the willingness to hold a public hearing must be stated in public advertisement.

2. All public hearings should be scheduled approximately 60 days in advance. Advertisements must appear 30 days prior to the hearing.

3. The public involvement process must be held in accordance with applicable federal and state statutes and regulations, including §§ 33.1-18, 33.1-70.2 and 51.5-40 of the Code of Virginia, 23 USC § 128, 23 CFR Part 771, and 40 CFR Parts 1500-1508, and the provisions of the VDOT Public Involvement Policy and Procedure Manual, issued 1999.

4. The publication of a notice of willingness to hold a location public hearing, design public hearing, or a combined public hearing with no public request for such a hearing by the established expiration date in the notice, or conducting a public hearing pursuant to subsection C of this section will satisfy any public hearing requirements.

D. C. If the system is interstate, primary, urban, or secondary, the following types of hearings will be held for the following project categories:

1. Projects on proposed roadway corridors, which are predominantly or completely on new location, require a location public hearing followed by a design public hearing.

2. Projects with work within the existing roadway corridor, but with a predominant portion of the work on new location, require a combined location and design public hearing.

3. Projects within the existing roadway corridor, but that have a significant social, economic or environmental impact, require a design public hearing.

4. Projects within the existing roadway corridor where insignificant public interest or environmental impacts, or both, are anticipated require a combined location and design public hearing or a posting publication of a notice of willingness to hold a combined location and design public hearing. VDOT will hold a design public hearing if a request for such a hearing is made, and the issues raised in relation to the request cannot be resolved through any other means.

E. Exclusions D. Exceptions from the public hearing process. 1. Hearing processes are not required for emergency projects, as well as those that are solely for highway maintenance or operational improvements, or both, except when they:

1. Involve emergency paving of unpaved secondary roads pursuant to § 33.1-70.2 of the Code of Virginia;

a. 2. Require the acquisition of additional right of way;

b. 3. Would have an unfavorable effect upon abutting real property; or

c. 4. Would change the layout or function of connecting roads roadways or streets of the facility being improved.

2. Concurrence by the Federal Highway Administration (FHWA) must be secured on projects receiving federal participation for any phase, except emergency situations.

E. The Commonwealth Transportation Commissioner or his designee shall establish administrative procedures to assure the adherence to and compliance with the provisions of this regulation.

DOCUMENTS INCORPORATED BY REFERENCE (24VAC30-380) (Repealed.)

Policy Manual for Public Participation in Transportation Projects, 1999, Virginia Department of Transportation.