How to Plan and Conduct Effectively Public Involvement How to Plan and Conduct Effectively Presented by the Ohio Department of Transportation’s Office of Environmental Services

Why it’s Important Communication Early and continuous Builds credibility, trust and transparency Assures appropriate decisions are made Increases knowledge and awareness Helps identify and define specific transportation and community needs Every project has the potential to impact quality of life and day-to-day activities Effective PI enables proactive input and enhances the decision-making process It’s the law… Public has the right to know….. Sometimes, the public will know more about a project than WE do…. The public informs us on P&N elements, locations of resources (septic, cemetery), knowledge of access issues…. Etc. 2 Public Involvement Training Class – Presented by the Office of Environmental Services

PI Laws and Regulations National Environmental Policy Act (NEPA) Section 102 [42 USC 4332] Council on Environmental Quality (CEQ) 40 CFR 1500.1 and 1506.6 Federal Highway Administration (FHWA) 23 CFR 450.212 and 450.316 23 CFR 771.111 Ohio Revised Code (ORC) 5511.01 Many of our environmental laws require PI… NEPA, Clean Water Act, etc.. 3 Public Involvement Training Class – Presented by the Office of Environmental Services

FHWA Regulations Planning and Project Development Metropolitan and Statewide Planning 23 CFR 450.212 and 450.316 Systems-level, corridor, or planning study Long-range planning 4 Public Involvement Training Class – Presented by the Office of Environmental Services

FHWA Regulations Early coordination 23 CFR 771.111 States required to have an approved PI process pursuant to CEQ regulations Early and continuous opportunities for agency and public participation during project planning and development Reasonable public notice for all PI activities FHWA has just approved our PI manual. ODOT’s PI manual is on OES’ WEB site, so please take some time to review this document. Early and continuous- you have to give the public a chance to review and react to our proposals… if you have your first PI mtg at a point in time when you have 90% plan complete, what message are you sending the public? Reasonable public notice- if you advertise a meeting 2 days before the even, what message are you sending? 2 weeks min, prefer 30 days. 5 Public Involvement Training Class – Presented by the Office of Environmental Services

FHWA Regulations What is “Early and Continuous” and What is “Reasonable”? Early and continuous: Planning, Alternatives, Preferred, Detail Design, ROW and Construction Reasonable: Prefer 30 days notice for PI mtgs Can live w/15 days (unless public hearing) Accept comments for at least 2 weeks after event, prefer 30 days Advertisements: Printed Ad, social media, email, flyers, etc. FHWA has just approved our PI manual. ODOT’s PI manual is on OES’ WEB site, so please take some time to review this document. Early and continuous- you have to give the public a chance to review and react to our proposals… if you have your first PI mtg at a point in time when you have 90% plan complete, what message are you sending the public? Reasonable public notice- if you advertise a meeting 2 days before the even, what message are you sending? 2 weeks min, prefer 30 days. 6 Public Involvement Training Class – Presented by the Office of Environmental Services

Ohio Revised Code ORC 5511.01 Provide the opportunity for the public to participate in project development Adequate and reasonable public notice for all PI activities 7 Public Involvement Training Class – Presented by the Office of Environmental Services

Sometimes in the process of a project, we are the shark- attacking the public and pushing our design and sometimes we are the victim being attack by the public. Because we know highways and we do it every day, we feel confident that what we propose is sound. Because of this, at times, we forget the seek the input of the public and as a result, we feel like the victim when we get attacked and at the same time, the pubic feels we are the shark…. This is no different than (PICK Name) going over to (PICK Name) house and painting their living room his favorite purple color w/yellow flowers!... Without getting (Name) input or thoughts….. This is an image we continue to strive to overturn by not only enhancing the decision-making process by understanding the needs of stakeholders and the public, but to have a PI process that is flexible and include appropriate PI activities that are commensurate with a project’s type and complexity. Public Involvement Training Class – Presented by the Office of Environmental Services

Class Objectives Understand legal requirements Understand how PI is integrated with ODOT’s Project Development Process (PDP) Learn when and how to develop a PI Plan Learn PI methods and techniques Learn how to effectively engage the public and properly address concerns Learn how to effectively plan and conduct public meetings and public hearings How many of you have had a PI mtg end up in a fist fight between members of the public? How many of you had a PI mtg where you expected maybe 200 to show up and you ended up having 3,000? Or have you ever had to have the state highway patrol give you an armed escort out of a meeting for your own protection? Well, your in luck, because we are not going to train you on any of those things…. Instead, we are going to cover this….. 9 Public Involvement Training Class – Presented by the Office of Environmental Services

Introductions Name District/Position PI experience 10 Tim will facilitate expectations due to large class – instead of having each individual state that, just ask the general question and get “pop-corn” responses…. (Take notes on white board) My favorite… little old lady, reporter and chair…. 10 Public Involvement Training Class – Presented by the Office of Environmental Services

ODOT’s Public Involvement Process PI and the Project Development Process Minimum PI Requirements A big part of understanding PI is knowing ODOT’s PDP and when is the right time to engage the public…..The next few slides will cover our PDP with an overview of PI activities… Public Involvement Training Class – Presented by the Office of Environmental Services

A Phased Approach Projects categorized as one of five paths Each path advances through five phases PI is “right-sized” within each phase to better support decision-making Provides flexibility Appropriate PI activities conducted ODOT’s PDP nor our PI manual will prescribe when and how to conduct PI. The PM’s job is to determine how much and when PI is needed… knowing that every project is different and even a simple project could require extensive PI if issues warrant! 12 Public Involvement Training Class – Presented by the Office of Environmental Services

A Phased Approach Projects categorized as one of five paths Each path advances through five phases PI is “right-sized” within each phase to better support decision-making Provides flexibility Appropriate PI activities conducted ODOT’s PDP nor our PI manual will prescribe when and how to conduct PI. The PM’s job is to determine how much and when PI is needed… knowing that every project is different and even a simple project could require extensive PI if issues warrant! 13 Public Involvement Training Class – Presented by the Office of Environmental Services

PDP Project Paths

Public Involvement NEW! Practical Design- use public involvement to help define and the level of acceptance of the primary and secondary need elements. May need to perform more PI during Planning and PE Phase.

Minimum Public Involvement Requirements Minimum requirements are built-in to assure appropriate PI is conducted Project-by-project Not interpreted to mean that each project will only require the minimum The PI approach is commensurate with a project’s type and complexity Unanticipated impacts and unusual circumstances may require elevated PI Ensures legal requirements are met and decision-making is enhanced Public Involvement Training Class – Presented by the Office of Environmental Services

Minimum Public Involvement Requirements Avoid oversimplifying and failing to anticipate the need for PI Be flexible, as it may become necessary to elevate the level of PI Be proactive (not just reactive) Consider and address community needs appropriately as a project progresses See ODOT-OES’ PI Manual for more details Public Involvement Training Class – Presented by the Office of Environmental Services

Minimum Public Involvement Requirements Public Involvement for Statewide Transportation Improvement Plan (STIP) Once projects are proposed, STIP document released for public review and comment May include meetings with local and regional stakeholders Extensive Public Involvement activities may be needed Based on input, project programmed and authorized for design activities to begin Public Involvement opportunities continue as project progresses through NEPA and PDP READ SLIDE

Minimum Public Involvement Requirements All coordination requires the following statement: Use the NEPA Assignment poster or NEPA Assignment Brochure at every NEPA PI event The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by ODOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 11, 2015, and executed by FHWA and ODOT. Public Involvement Training Class – Presented by the Office of Environmental Services

Minimum Public Involvement Requirements Ensure all PI materials are uploaded into the EnviroNET System Must show that we met minimum PI requirements Must show that PI comments were considered/incorporated into the project If it’s not in EnviroNET… IT DIDN’T HAPPEN! Public Involvement Training Class – Presented by the Office of Environmental Services

Public Involvement Path 1 projects are defined as “simple” transportation improvements generated by traditional maintenance and preventive maintenance. They may involve structure and roadway resurfacing. These projects have no ROW or utility impacts. Path 1 = “simple” maintenance Majority of ODOT”s program Roadway resurfacing Culvert replacements Guardrail installation No ROW or utility impacts Incorporate PI per STIP process

Minimum PI Requirements – Path 1 Projects Make sure the project was included in the approved STIP List active projects on ODOT District website Provide contact information Public notifications Contact emergency and public services Initiate during Planning or PE Phases of PDP if detours or roadway restrictions are anticipated Maintain contact/provide updates throughout project development and construction Reach out to emergency & public services early if anything will impact their response time Maintain contact and provide updates throughout project development and construction

Minimum PI Requirements – Path 1 Projects (Cont’d) Public notifications (Cont’d) Coordinate with stakeholders during NEPA Standard plan notes executed by contractor Construction schedule coordination Detours Road closures

Public Involvement Path 1 projects are defined as “simple” transportation improvements generated by traditional maintenance and preventive maintenance. They may involve structure and roadway resurfacing. These projects have no ROW or utility impacts. Path 1 = “simple” maintenance Majority of ODOT”s program Roadway resurfacing Culvert replacements Guardrail installation No ROW or utility impacts Incorporate PI per STIP process STIP ODOT WEB site Emergency + services contacted Contractor Notice

Public Involvement Path 2 projects are also simple projects that may be similar in work type to Path 1 projects. They involve non-complex structure and roadway work such as culvert rehabilitations/replacements, in kind bridge replacements, resurfacing, shoulder widening, signal installations and improvements (coordination) and possibly isolated intersection improvements, such as turn lane installations. These jobs can include minor ROW acquisition (strip takes, temporary easements, and or channel easements). Path 2 = also simple projects Low level CEs = no further NEPA approval Culvert & bridge rehab/replacement Addition of turn lanes and shoulders Involve minor ROW acquisition Strip takes Temporary easements Channel easements

Minimum PI Requirements – Path 2 Projects Property Owner Notification Letters If impacted Use format provided in Public Involvement Manual (6.3.1) Stakeholder Consultation May include local officials, interest groups, organizations PONLs If impacted (access restrictions, ROW take) Counts as PI activity (not just right-of entry-notification) Stakeholder Consultation In designing stakeholder involvement component of process, need to consider: scope and complexity of project comfort-level of project sponsor & how much they want to spend on this part of project

Minimum PI Requirements – Path 2 Projects Stakeholder Consultation (Cont’d) Contact emergency and public services Initiate during Planning or PE Phases of PDP if detours or roadway restrictions are anticipated Maintain contact/provide updates throughout project development and construction Public Notifications Standard plan notes executed by contractor Stakeholder Consultation Public notification

Path 2 Considerations Internal consultation with specific ODOT offices Stakeholder consultation Maintenance of Traffic concerns Minor local controversy Additional PI if needed Resource specific PI Section 106 Noise Aesthetic Design Typical stakeholders = mayor, city council, twp trustees, fire, police Businesses or other interested parties may have concerns

Public Involvement Path 2 projects are also simple projects that may be similar in work type to Path 1 projects. They involve non-complex structure and roadway work and can include minor ROW acquisition (strip takes, temporary easements, and or channel easements). Path 2 = also simple projects Low level CEs = no further NEPA approval Culvert & bridge rehab/replacement Addition of turn lanes and shoulders Involve minor ROW acquisition Strip takes Temporary easements Channel easements STIP Property Owner Notice ODOT WEB site Stakeholder Coordination Emergency + services contacted Contractor Notice

Public Involvement Path 3 projects involve a higher level of complexity than projects in Path 1/2. They involve moderate roadway and structure work and may include capacity additions. Some examples are minor realignments and/or reconstruction, corridor capacity improvements, additional through lanes, turn lane installations, interstate reconstruction and/or widening (typically median widening), auxiliary lane additions, interchange reconstruction or construction of a new interchange at an existing overpass/underpass. They can involve ROW acquisition including relocations. Path 3 = moderate roadway and/or structure work & possibly capacity additions Higher level CEs that require NEPA studies and approval in accordance with 23 CFR 771.117(d) ROW acquisition/minor utility impacts Minor realignments and/or reconstruction Intersection/interchange upgrades Median widenings Non-Complex or Complex – depending on technical issues and impacts EX: highway widening project = Path 3 If widening will occur outside of existing lanes and will impact several property owners and/or high value environmental resources = Complex Path 3 Complex Path 3 Requires consideration of multiple alternatives More intense PI Higher risk or complexity of issues and/or public involvement

Minimum PI Requirements – Path 3 Projects Property Owner Notification Letters If impacted Use format provided in Public Involvement Manual (6.3.1) Potential for increased contact with property owners Stakeholder Consultation May include local officials, interest groups, organizations Contact emergency and public services Initiate during Planning or PE Phases of PDP if detours or roadway restrictions are anticipated Maintain contact/provide updates throughout project development and construction PONLs if impacted (access restrictions, ROW take) Use format provided in PI Manual Counts as PI activity (not just right-of entry-notification) Potential for increased contact with property owners Stakeholder Consultation As appropriate May involve meeting with local officials, interest groups, organizations

Minimum PI Requirements – Path 3 Projects Public Notifications May require Public Information Officer involvement May require project updates via e-mail, direct mailing, flyers, etc. Press Releases Open House Public Meeting As appropriate Requires published advertisement and invitations Prefer 30 days in advance of the meeting (Minimum two weeks) May also use changeable message signs, etc. Public Notifications May want to get PIO involved May have to provide project updates via e-mail, direct mail, flyers, etc. Press Releases Public Meeting may be needed for Complex Path 3

Minimum PI Requirements – Path 3 Projects Public review and comment period Includes consideration of and response to comments Preferably 30 days Be sure to respond to comments and document how you responded to those comments

Path 3 Considerations Complex Path 3 projects generally require Feasibility Study Stakeholder consultation occurs at completion of Feasibility Study Stakeholder consultation occurs at completion of Alternatives Analysis Review (AER) – if needed Stakeholder meetings/agency coordination may be held prior to presenting Feasible Alternatives to public Comments received are addressed as project continues through the Project Development Process

Public Involvement Path 3 projects involve a higher level of complexity than projects in Path 1/2. They involve moderate roadway and structure work and may include capacity additions. They can involve ROW acquisition including relocations. Path 3 = moderate roadway and/or structure work & possibly capacity additions Higher level CEs that require NEPA studies and approval in accordance with 23 CFR 771.117(d) ROW acquisition/minor utility impacts Minor realignments and/or reconstruction Intersection/interchange upgrades Median widenings Non-Complex or Complex – depending on technical issues and impacts EX: highway widening project = Path 3 If widening will occur outside of existing lanes and will impact several property owners and/or high value environmental resources = Complex Path 3 Complex Path 3 Requires consideration of multiple alternatives More intense PI Higher risk or complexity of issues and/or public involvement STIP Property Owner Notice ODOT WEB site Stakeholder Coordination Emergency + services contacted Public Notification Public Mtg Contractor Notice

Public Involvement Path 4 projects include roadway and structure work that add capacity and involve consideration of complex and competing interests. Path 4 projects may have multiple alignment alternatives. Projects include highway widening (typically not within the median) in suburban settings, new alignments in rural settings, or implementing corridor wide access management Path 5 projects have the highest complexity due to their urban setting and they typically add capacity. Path 4 & 5 = Higher level CEs, EAs, or EISs that require NEPA studies and approval in accordance with 23 CFR 771.117(d) Complex roadway/structure work May add capacity May involve substantial utility and ROW Typically involve multiple alternatives Highway widening, new alignments in suburban or rural settings, roadway or bridge reconstruction, access management, complex bridge replacements

Minimum PI Requirements – Path 4 & 5 Projects Property Owner Notification Letters If impacted and as appropriate Include PI language (6.3.1) Increased contact and involvement with property owners Stakeholder Consultation High level of involvement May include developing an Advisory Committee, Steering Committee, etc. May involve multiple stakeholder meetings PONLs if impacted (access restrictions, ROW take) Use format provided in PI Manual Counts as PI activity Increased contact with property owners Stakeholder Consultation More involvement than Path 2 or 3 May involve multiple stakeholder meetings May include creation of Advisory Committee, Steering Committee, etc.

Minimum PI Requirements – Path 4 & 5 Projects Stakeholder Consultation (Cont’d) Contact emergency and public services Initiate during Planning or PE Phases of PDP if detours or roadway restrictions are anticipated Maintain contact/provide updates throughout project development and construction Public Notifications PIO highly involved Greater emphasis on providing project updates via e-mail, direct mailings, flyers, newsletters, and surveys Use of social media more prominent

Minimum PI Requirements – Path 4 & 5 Projects Press Releases PIO involved to ensure contact with diverse media outlets More numerous and specific in nature Potential for increased media attention Public Meetings Open House style or formal presentation strongly recommended Open mic strongly encouraged for higher level CEs Open mic REQUIRED for EAs and EISs

Minimum PI Requirements – Path 4 & 5 Projects Public review and comment period Includes consideration of and response to comments Preferably within 30 days Public hearings are REQUIRED for Path 4 projects that are an EA or EIS

Path 4 & 5 Considerations Stakeholders given opportunity to review Feasibility Study and Alternatives Evaluation Report (AER) Stakeholder consultation typically occurs after completion of Feasibility Study and AER

Public Involvement Path 4 projects include roadway and structure in suburban settings, new alignments in rural settings, Path 5 projects have the highest complexity due to their urban setting and they typically add capacity. STIP Stakeholder Coordination ODOT WEB site Public Meeting(s) Emergency + services contacted Public Notification Social Media (heavy) Contractor Notice Public Hearing Property Owner Notice Path 4 & 5 = Higher level CEs, EAs, or EISs that require NEPA studies and approval in accordance with 23 CFR 771.117(d) Complex roadway/structure work May add capacity May involve substantial utility and ROW Typically involve multiple alternatives Highway widening, new alignments in suburban or rural settings, roadway or bridge reconstruction, access management, complex bridge replacements

Summary Required by law to give opportunity to comment and provide input Begins in Planning Phase of PDP and continues throughout project Level of PI is commensurate with scope and intensity of project Follow minimum requirements and adjust if necessary If it’s not in the EnviroNet System = IT DIDN’T HAPPEN! Public Involvement Training Class – Presented by the Office of Environmental Services