1. (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.

2. (b) When to afford an opportunity for public hearing.

   1. (1) The project sponsor will afford an opportunity for a public hearing for a project if:

      1. (A) the project requires the acquisition of significant amounts of right-of-way;
      2. (B) the project substantially changes the layout or function of connecting roadways or of the facility being improved;
      3. (C) the project adds through-lane capacity, not including auxiliary lanes or other lanes less than one mile in length;
      4. (D) the project has a substantial adverse impact on abutting real property;
      5. (E) the results of environmental studies support a FONSI; or
      6. (F) the project sponsor or department delegate determines it is in the public interest.
   2. (2) A project sponsor is not required to comply with this section if the project sponsor holds a public hearing for the project under §2.107 of this subchapter (relating to Public Hearing).

3. (c) Notice Requirements.

   1. (1) The project sponsor will publish, at a minimum, one notice of the opportunity to request a public hearing in a local newspaper having general circulation. The notice shall be published at least 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. (2) In addition, the project sponsor will select a minimum of one additional outreach method to inform the public of an opportunity to request a public hearing.
   3. (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.

4. (d) Procedural Requirements.

   1. (1) The project sponsor will provide notice of the opportunity after location and design studies are developed and the environmental review document or documentation of categorical exclusion is approved for public disclosure by the department delegate.
   2. (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 addressed all concerns of the persons requesting the public hearing.
5. (e) Documentation Requirements. If, after providing an opportunity 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.

Source Note:The provisions of this §2.106 adopted to be effective April 16, 2014, 39 TexReg 2941.