Title 32, Chapter 2, Section 3
( 32-2-3)
(a) As used in this Code section, the term: (1) "Comprehensive plan" means the major transportation facilities
described in this Code section as well as collectors and
interconnecting routes within or between standard metropolitan
areas, urban areas, and rural areas. (2) "Local governing body" means the governing body of the city,
town, municipality, county, or other local governing unit or
authority in the area in which the transportation facility will be
located. (3) "Major transportation facility" means: (A) Any facility primarily designed to transport people or goods
rapidly and efficiently, including but not limited to air
transport facilities, railroads, bus services, terminals,
freeways, expressways, arterial highways, belt highways, and
port facilities; or (B) Any facility or facilities utilized in providing a mass
transit system for a standard metropolitan area or urban area. (4) "Standard metropolitan area" means a county or group of
contiguous counties or parts thereof as designated by the
department which contains at least one central city of 50,000
inhabitants or more as determined by the latest available federal
census or such other population estimate as may be provided by
law. (5) "Transportation corridor" means a strip of land between two
termini or central points within which travel, topography, land
uses, environment, and other characteristics are evaluated for
transportation purposes. (6) "Urban area" means an area including and adjacent to a
municipality and other urban centers having a population of 5,000
or more as determined by the latest available federal census or
such other population estimates as may be provided by law within
boundaries to be fixed by the department. (b)(1) The department in conjunction with the affected local
governmental bodies, regional planning agencies, and other
appropriate state and federal agencies shall develop: (A) A comprehensive, state-wide, 20 year transportation plan; (B) A comprehensive transportation plan for all standard
metropolitan areas and those areas which the department
determines, based upon population projections, will become a
standard metropolitan area within 20 years, such plan to
supplement and be compatible with the state-wide transportation
plan; and (C) Comprehensive plans for regions and urban areas as such
plans are deemed necessary by the department. (2) Priority for developing comprehensive plans shall be given to
areas in which the need for construction of major transportation
facilities is anticipated. (3) In developing comprehensive transportation plans, the
department shall take into account: (A) Future as well as present needs; (B) All possible alternative modes of transportation; (C) The joint use of transportation corridors and major
transportation facilities for alternate transportation and
community uses; (D) The integration of any proposed system into all other types
of transportation facilities in the community or region; (E) The coordination with other development plans in the
community and region so as to facilitate and synchronize growth;
and (F) The total environment of the community and region including
land use, state and regional development goals and decisions,
population, travel patterns, traffic control features, ecology,
pollution effects, esthetics, safety, and social and community
values. (c) In order to ensure an integrated transportation system, the
planning, location, and design of transportation facilities shall be
coordinated with the appropriate planning agencies and the affected
local governmental bodies. (d)(1) The department may adopt local or regional transportation
plans as part of or in lieu of the department's plan. (2) The department may develop and design plans for arterial and
collector roads and streets, vehicular parking areas, other
transportation modes and facilities, and other support facilities
which are consistent with the department's comprehensive
transportation plans. The department may render to local
governmental bodies or their planning agencies such technical
assistance and services as are necessary so that local plans and
facilities are coordinated with the department's plans and
facilities. (e) The department shall develop systematic techniques for
considering those factors to be used in developing comprehensive
plans pursuant to subsection (b) of this Code section so that all
transportation facilities are so planned that they will function as
integral parts of the overall plan for community, regional, and
state development as portrayed in the comprehensive plans; and these
plans shall be updated at reasonable intervals so as to maintain a
viable plan for a 20 year planning period. (f)(1) The department shall, pursuant to its rules and
regulations, hold planning hearings at the appropriate state,
regional, or local level, at which time the comprehensive
transportation plans included in subsection (b) of this Code
section shall be presented for discussion and comment.
(2) The department shall, pursuant to its rules and regulations,
hold hearings at the appropriate regional or local level for major
transportation facilities, or as required by federal law, as
follows: (A) A facility, site, or project corridor hearing, at a time
after the selection of the type or types of transportation
facility or facilities to be constructed and prior to the final
selection of the specific site or corridor of the proposed
facility; and (B) A design hearing, at a time prior to the department's
commitment to a specific design proposal for the facility or
facilities. (3) These public hearings shall be conducted so as to provide an
opportunity for effective participation by interested persons in
transportation policy decisions, the process of transportation
planning, modal selections, and site and route selection, and the
specific location and design of major transportation facilities.
The various factors involved in the decision or decisions and any
alternative proposals shall be clearly presented so that the
persons attending the hearing may present their views relating to
the decision or decisions which will be made. The facility, site,
or project corridor hearing and the design hearing for a proposed
facility or facilities may be held simultaneously to satisfy the
requirements of this subsection. (4)(A) The department may satisfy the requirements for a public
hearing by holding a public hearing or by publishing two notices
of opportunity for public hearing in a newspaper having general
circulation in the vicinity of the proposed undertaking and
holding a public hearing if any written requests for such a
hearing are received. The procedure for requesting a public
hearing shall be explained in the notice. The deadline for
submission of such a request may not be less than 21 days after
the publication of the first notice of opportunity for public
hearing and no less than 14 days after the date of publication
of the second notice of opportunity for public hearing. (B) A copy of the notice of opportunity for public hearing shall
be furnished at the time of publication to the United States
Department of Transportation, the appropriate departments of
state government, and affected local governments and planning
agencies. If no requests are received in response to a notice
within the time specified for the submission of requests, the
department shall be deemed to have met the hearing requirements. (C) The opportunity for another public hearing shall be afforded
in any case when proposed locations or designs are changed from
those presented in the notices specified in this paragraph or at
a public hearing so as to have a substantially different
transportation service, social, economic, or environmental
effect. (D) The opportunity for a public hearing shall be afforded in
each case in which the department is in doubt as to whether a
public hearing is required. (5)(A) When a public hearing is to be held, two notices of such
hearing shall be published in a newspaper having general
circulation in the vicinity of the proposed undertaking. The
first notice shall be published no less than 30 days prior to
the date of the hearing and the second notice shall be published
no less than five days prior to the date of the hearing. (B) Copies of the notice for public hearing shall be mailed to
the United States Department of Transportation, appropriate
departments of state government, and affected local governments
and planning agencies. (g) All long-range comprehensive transportation plans developed
pursuant to this Code section shall be submitted to the board for
its approval or disapproval. (h) The department shall promulgate any rules and regulations,
consistent with its practices, that it deems necessary in order to
implement this title. |