1. (a) Purpose. A public hearing is held to present project alternatives and to encourage and solicit public comment. The hearing is held after location and design studies are developed and the environmental document is considered technically complete and approved as a full disclosure document suitable for public review by the environmental division. For a federal-aid project, the public hearing shall be held after FHWA determines the environmental document is considered technically complete and approved as a full disclosure.

2. (b) Public hearing required. A district shall hold a public hearing if one or more of the paragraphs in this subsection apply to the project.

   1. (1) A project with substantial public interest or controversy.
   2. (2) An EIS project.
   3. (3) A high-profile project.
   4. (4) A request for hearing is received under §2.8 of this subchapter (relating to Public Involvement-Opportunity for Public Hearing);
   5. (5) A project requires the taking of public land designated and used as a park, recreation area, wildlife refuge, historic site or scientific area, as covered in the Parks and Wildlife Code, §§26.001 et seq, or requires the taking of private land designated and used as an historic site. The state public hearing requirement applies whether or not there is a finding the taking is de minimis under federal law.
   6. (6) A project requiring a public hearing under Transportation Code, §203.021.
   7. (7) An aviation project requiring a residential or commercial relocation.
   8. (8) In accordance with Transportation Code, §201.604, between one and nine individuals submit a written request for a hearing and the district is unable to address the concerns of the individuals, or if ten or more individuals submit a written request for a hearing. Notwithstanding the preceding sentence, a public hearing is not required if a public hearing has already been held concerning the project, or if the hearing requests are received after the environmental document for the project is approved.
   9. (9) A project requires the taking of private land encumbered by an agricultural conservation easement purchased under Natural Resources Code, Chapter 183.
3. (c) Documents available for public inspection. The district shall make available to the public at designated locations for no less than 30 days before a public hearing the maps, drawings, environmental studies and documents concerning the project. For an EIS project the district shall make available the DEIS for 45 days.

4. (d) Notice of public hearing.

   1. (1) A notice shall contain the information listed in this paragraph.

      1. (A) Time, date, and location of the hearing.
      2. (B) A description of the project termini, need and purpose, improvements, and right of way needs.
      3. (C) A reference to maps, drawings, environmental studies and documents, and any other information about the project that is available for public inspection at the designated locations.
      4. (D) A reference to the potential for relocation of residences and businesses and the availability of relocation assistance for displaces.
      5. (E) A statement that written comments may be presented for a period of 10 days after the hearing.
      6. (F) The address where written comments may be submitted.
      7. (G) Whether the project encroaches on a floodplain, wetland, or a sole-source aquifer recharge zone.
      8. (H) A statement, if applicable, that the project will require the taking of public land designated and used as a park, recreation area, wildlife refuge, historic site, or scientific area, and whether the taking is de minimis under federal law.
      9. (I) A statement, if applicable, that the project will require the taking of land protected by an agricultural conservation easement.
      10. (J) A statement that provision will be made for persons with special communication or physical needs related to the public hearing if requested.

   2. (2) Publication of notice.

      1. (A) Except as provided in subparagraph (B) of this paragraph, the district shall publish a notice twice in local newspapers having general circulation. The first notice shall be published at least 30 days before the hearing. The second notice shall be published no more than 10 days nor less than seven days before the hearing.

      2. (B) For projects requiring the taking of public land designated and used as a park, recreation area, wildlife refuge, historic site, or scientific area under Parks and Wildlife Code, §26.002, the district shall publish notice under this subparagraph.

         1. (i) The notice must be given in writing to the person, organization, department, or agency that has supervision of the land proposed to be used or taken.
         2. (ii) The notice must state clearly the proposed program or project and the date and place for the public hearing. The notice must be given at least 30 days before the date for the public hearing.
         3. (iii) Notice must also be given to the public by publishing a notice similar to that specified in this section once a week for four consecutive weeks. The last days of publication must not be less than one week or more than two weeks before the date of the hearing. The notice must be published in a newspaper of general circulation, which paper must be published at least six days a week in the county where the land proposed to be used or taken is situated.
         4. (iv) If there is no newspaper that qualifies under clause (iii) of this subparagraph, the notice must be published in a qualifying newspaper that is published in any county adjoining the county where the land is situated. If there is no qualifying newspaper published in any adjoining county, then the notice must be published in a qualifying newspaper published in the nearest county to the county where the land is situated. If there is no qualifying daily newspaper published therein, the notice must be published in any newspaper of general circulation published in the political subdivision affected. If no newspaper is published in the political subdivision, the notice must be published in a newspaper published in the political subdivision nearest the political subdivision affected.
   3. (3) If the population that will be affected by the project is predominantly non-English speaking, the district shall also publish notice in the dominant language in accordance with Presidential Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency.
   4. (4) The district shall mail notice to landowners abutting the proposed project as identified by tax rolls, affected local governments, and public officials.
5. (e) Public hearing and comment. The district shall make all testimony given at a public hearing a part of the public hearing record. A person or other entity shall submit written comment to the district no later than 10 days after the close of the public hearing.

6. (f) Documentation of public hearing. If the district held a public hearing, the district shall submit to the environmental division for review and approval:

   1. (1) two copies each of the verbatim transcript, the public hearing summary and analysis, and the comment and response report;

   2. (2) the original certification of the public involvement process signed by the district engineer or his or her designee, containing:

      1. (A) general information on the public hearing;
      2. (B) a statement regarding consideration of the economic, social, and environmental impacts of the project;
      3. (C) a statement regarding consideration of the statutory provisions of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987; and
      4. (D) a statement regarding the project's consistency with planning goals and objectives.

Source Note:The provisions of this §2.9 adopted to be effective January 4, 2007, 31 TexReg 10817.