Section 10. 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 is a well-publicized opportunity for VDOT to present studies and projects while receiving and documenting comments from affected or interested citizens.

B. These are the rules that apply to the implementation of 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 §§ 33.2-208, 33.2-333 and 51.5-40 of the Code of Virginia, 23 USC § 128, 23 CFR Part 771, and 40 CFR Parts 1500-1508.

4. The publication of a notice of willingness to hold a 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.

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 completely on new location, require a location public hearing followed by a design public hearing.

2. Projects within the existing roadway corridor 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 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 publication of a notice of willingness to hold a 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.

D. Exceptions from the public hearing process. 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 § 33.2-333 of the Code of Virginia;

2. Require the acquisition of additional right of way;

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

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

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

Historical Notes

Derived from VR385-01-32, eff. August 13, 1993; filed by description June 26, 1995; amended, Volume 14, Issue 13, eff. February 24, 1998; Volume 16, Issue 26, eff. August 23, 2000; Volume 20, Issue 13, eff. February 12, 2004; Volume 25, Issue 05, eff. October 22, 2008; Volume 28, Issue 04, eff. November 23, 2011; Volume 31, Issue 07, eff. December 31, 2014.

Statutory Authority

§ 33.2-210 of the Code of Virginia.