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DESIGN MEMORANDUM NO. 6-97
TO: Chief
District Engineers
Active Consultants
Highway Design Engineers
FROM: John B. Sacksteder, Director
Division of Highway Design
DATE: February 21, 1997
SUBJECT: PUBLIC
INVOLVEMENT REVISIONS
The public involvement document, entitled "Guidelines
for Public Involvement" in the Highway Development Process,
was revised and incorporated into the new Division of Highway
Design Guidance Manual dated June 16, 1995. It is mandated by
this office and the Federal Highway Administration that the
public involvement procedures in the new Highway Design Guidance
Manual and the revisions within this memorandum shall supersede
the public involvement document dated April, 1989 making it
obsolete. Please reference the Division of Highway Design
Guidance Manual, and any amendments, for the appropriate guidance
and procedures required to develop and conduct all "Opportunity
To Request Public Hearings", "Public Hearings",
and "Public Information Meetings".
In compliance with 23 CFR 711.111 (h)(2)(iii), the Kentucky
Department of Highways will provide the opportunity for the
public to request a Corridor/Design Public Hearing, or hold a
Corridor/Design Public Hearing for any major Federal-aid project.
The Authorizing Authority will determine the level of public
involvement for State-aid projects.
One or more public hearings will be held, or the opportunity for
hearing(s) will be offered, at a convenient time and place for
any Federal-aid project which requires significant amounts of
right-of-way, substantially changes the layout or functions of
connecting roadways or of the facility being improved, has a
substantial adverse impact on abutting property, otherwise has a
significant social, economic, environmental or other effect, or
for which the FHWA determines that a public hearing is in the
public interest.
As it has been identified by the Empower Kentucky efforts, the
Districts should have greater control of their projects, the
Chief Highway District Engineer shall now be the
"Authorizing Authority". In other words, each Chief
Highway District Engineer shall determine the level of public
involvement required for each highway project occurring within
his or her own District, be it either federal or state funded.
The Director of the Division of Highway Design shall assist only
upon request, to act as a mediator, or in reply to a special
order from management. It is still a requirement of the Chief
Highway District Engineer to notify the Public Hearing
Coordinator of all authorizations to advertise for "Opportunity
To Request Public Hearings", "Public Hearings",
and "Public Information Meetings". The Chief
Highway District Engineer, or his representative, shall also
notify the Public Hearing Coordinator, on a monthly bases, of any
"Public Hearings", "Public Information
Meetings", "Plan Showing", etc., anticipated
or scheduled to occur within the next 12 months.
Because we, the Department of Highways, are constantly looking to
improve on public involvement, policies and/or procedures may
change periodically. To avoid unnecessary corrections during the
preparation of a public hearing or meeting related newspaper
notice(s), a copy must be provided to the Public Hearing
Coordinator at least four working days prior to submitting it to
the newspaper.
Unless instructed otherwise, it is at each Chief Highway District
Engineers own discretion whether to mail a copy of the public
notice to all affected or nearby property owners and/or
occupants, or provide a copy of the public notice to other
federal, state, and/or local government offices, public
officials, civic groups, etc. As noted in the Division of Highway
Design Guidance Manual, each Chief Highway District Engineer
shall establish and maintain their own notification list as to
what they feel is appropriate.
Effective immediately all newspaper advertisements of notices
required for an "Opportunity To Request a Public
Hearing", a "Public Hearing", or a "Public
Information Meeting" shall be published in a newspaper
that has general circulation in the immediate area of the
proposed project. It is no longer a requirement that a notice be
published in a newspaper having both general and statewide
circulation, unless it is desired and directed by the Chief
Highway District Engineer, or specifically requested by
regulatory or management personnel.
In addition, whether a project is developed with an Environmental
Assessment (EA), an Environmental Impact Statement (EIS), or an
Categorical Exclusion (CE), no longer has any bearing on the
amount of newspaper notices required to be advertised. It shall
be mandatory that two newspaper notices be advertised for all "Opportunity
To Request Public Hearings", "Public Hearings",
and "Public Information Meetings".
For "Public Hearings" and "Opportunity
To Request Public Hearings", the first newspaper notice
shall be advertised no less than 30 days prior to the established
deadline or date. The second newspaper notice shall be advertised
no less than 5 days prior to the established deadline or date.
Furthermore, all notices shall display the County Name, Route
Number, Road Name, Project Numbers, and Item Number at the top of
the notice, directly under the notice heading.
Notices for "Public Information Meetings" should
utilize the same time frames for advertisement and provide the
same information as Public Hearings. However, it is recognized
that on certain occasions it may be necessary to hold Public
Information Meetings in a much shorter time frame. It shall
therefore be at the Chief Highway District Engineers discretion
to determine the appropriate time frames for advertisement of the
public notice for Public Information Meetings. If a shorter time
frame is determined necessary for a particular project, than the
first newspaper notice should be advertised no less than 10 days
prior to the established meeting date, while the second newspaper
notice should still be advertised no less than 5 days prior to
the established meeting date.
It shall be noted that all Public Hearings shall require the
preparation of an official transcript, as discussed within the
Division of Highway Design Guidance Manual. Once this transcript
has been prepared, the original and five copies must be furnished
to the Public Hearing Coordinator, Division of Highway Design,
within a reasonable period of time, which is usually less than
one month after the public hearing.
Public Information Meetings only require a summary of the meeting
minutes. This summary must be prepared for the record and
submitted in memorandum form to the Director of the Division of
Highway Design, with a copy provided to the Public Hearing
Coordinator.
All Public Hearing Transcripts, Public Informational Meeting
Summaries, and any supporting documentation shall be made
available to the public for review and copying only after the
Commissioner of Administration Services has received and approved
an Open Records Request. All Public Hearings and Public
Information Meetings newspaper notices must display the following
statement, "Once compiled, the (minutes or summary)
from this (hearing or meeting) and other supporting
documentation will be made available for review and copying only
after an Open Records Request has been received and approved. All
Open Records Requests must be submitted to the Transportation
Cabinet, Department of Administration Services, State Office
Building, Frankfort, Kentucky 40622."
Any questions may be directed to this office (Division of Highway
Design) and the Public Hearing Coordinator.
JBS/RDY/rdy
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