Rural Consultation Practices
Vermont: RPCs Take Lead on Rural Planning
PROCESS FOR NON-METROPOLITAN LOCAL OFFICIAL PARTICIPATION IN THE STATEWIDE TRANSPORTATION PLANNING PROCESS
I. Definitions:
"Consultation means that one party confers with another identified party in accordance with an established process and, prior to taking action(s), considers that party's views and periodically informs that party about actions(s) taken."
"Non-metropolitan areas mean the geographic areas outside designated metropolitan planning areas, as designated under 23 U.S.C. 134 and 49 U.S.C. 5303."
"Non-metropolitan local official means the elected and appointed officials of general purpose local government, in non-metropolitan areas, with jurisdiction/responsibility for transportation."
II. Consultation Process:
In carrying out the statewide transportation planning process prescribed in 23 CFR Part 450, Subpart B, the Vermont Agency of Transportation (VTrans) will elicit and consider the concerns of non-metropolitan local officials in three ways.
A. The Transportation Planning Initiative: This consultative planning process is based on enacted state and federal legislation. The 1988 amendments to the Vermont Municipal and Regional Planning and Development Act, Title 24 Chapter 117 VSA (frequently referred to as "Act 200"), encourages community and citizen participation in the planning process. The amendments specify that regional planning efforts be in consultation with their member municipalities and that state plans be compatible with regional and municipal plans. In addition, the 1991 federal Intermodal Surface Transportation Efficiency Act (ISTEA) mandates states consult with non-metropolitan officials in their statewide transportation processes.
In the spirit of these laws, VTrans, in consultation with Vermont's regional planning commissions and the Vermont League of Cities and Towns (VLCT), created the Transportation Planning Initiative (TPI) as a means of organizing a transportation planning process in which local municipalities, citizens and stakeholders could participate directly. The fundamental principle is to enable all levels of the community to influence the planning of transportation policy and projects and compatibility in local, regional and state plans. Thus, through the TPI, statewide transportation plans, priorities and projects are meant to reflect local, regional and statewide goals and interests.
In this ongoing program, Vermont's 11 non-metropolitan Regional Planning Commissions are soliciting local community input on all transportation related matters. Active participation and concurrence of local officials is essential to the success of the program.
Local official consultation within the TPI happens in a number of places, including in the Transportation Advisory Committees (TACs), in the local concerns meetings, in the proceedings of the Agency's Project Definition Team (PDT), through town approval of the regional transportation plans, and through other projects and planning coordinated through the TPI.
Each regional commission has a transportation advisory committee (TAC), or the equivalent, with representation of member municipalities. Municipal representatives are appointed by local select boards. The broad responsibilities of the TAC are to concur in the region's work plan, approve the planning products performed in the region, and to recommend plans, projects and transportation policy.
An annual work plan delineates the planning projects and tasks to be conducted by the regional planning commission during the course of a TPI program year. The plan is developed by the regional planning commission in consultation with the TAC. TAC members are expected to review the yearly work program with their towns. The work program is to include how the TAC members communicate back with their local planning commissioners and select board on a regular basis. Evidence of TAC support is to accompany the proposed work plan when submitted to the Agency of Transportation.
As indicated in the TPI program guidance, a broad array of long range, short range, project development planning and public participation activities and tasks are eligible to be performed by regional planning commissions and TACs under the TPI program - most directed to evaluating specific local and/or regional transportation problems/issues, and providing input and recommendations to the state's transportation decision making processes; including the state long range transportation plan, the Capital Program and Project Development Plan, the State Transportation Improvement Program and in direct testimony to the Vermont Legislature. With respect to planning studies, a program stipulation is that local governments be actively involved in all local planning projects from inception to completion - the final planning work product to be endorsed by the affected community or communities.
Regional transportation plans are prepared or updated in each region, reflecting the input of local officials in a substantive way. The regional transportation plans describe the long-term transportation goals of each region. Upon completion of draft regional transportation plans, TAC input and approval is solicited before adoption of final plans. Each plan is updated at intervals of no more than five years. The regional transportation plan is furnished to the VTrans as a basis of the State's Long Range Transportation Plan.
B. Statewide Transportation Plan:
In accordance with the requirements of 23 CFR 450.214, the Agency of Transportation has prepared a Statewide Long Range Transportation Plan. The statewide long range transportation plan will be updated at intervals of no more than five years and will document responsiveness to the public involvement requirements of relevant portions of 23 CFR 450.212 via use of a process as follows:
In conducting the study, a number of regional meetings will be held in conjunction with the ongoing transportation planning initiative. During these meetings, in accordance with the requirements of 23 CFR 450.212 (f), input will be sought from affected local officials. Upon completion of a draft long range plan, local official comments and concerns will be solicited through the regional planning process before adoption of a final plan. The draft plan will be printed and a public notice about its availability will be issued statewide. The notice will provide information on how copies of the plan may be obtained and it will solicit comments on the draft plan. In addition, a copy of the draft accompanied by a written invitation for comments will be provided to each regional planning commission TAC. Written comments on the draft plan will be accepted for three weeks from the date of the notice and invitations. Comments will be carefully considered in the development of the final plan. After publication of the final plan, a responsiveness summary discussing the comments made on the plan will be provided to each TAC. The final plan will be published and a statewide notice will be issued advising of its availability.
Minor changes to the plan may be made by the Vermont Agency of Transportation. Two weeks prior to making any such minor changes, a notice to each TAC soliciting comments and concerns will be issued outlining the proposed minor changes. The Agency of Transportation will consider the comments received prior to finalizing the minor changes.
C. Statewide Transportation Improvement Program (STIP):
In accordance with 23 CFR 450.216 the state is responsible for developing a statewide transportation program for all areas of the state. In developing the statewide transportation improvement program, affected local officials with responsibility for transportation shall be involved on a consultation basis for the portions of the program in non-metropolitan areas of the State. The Agency of Transportation will use the regional planning commissions to facilitate and consolidate input.
Each year, the Agency of Transportation adopts a State Transportation Improvement Program (STIP). The STIP is a three-year, financially constrained schedule for obligation of Federal transportation funds. It is closely linked to, and must be consistent with, a five-year capital budget for expenditures, forwarded by the Agency of Transportation to the Vermont Legislature annually. Non-metropolitan local official involvement in the development of the STIP will be achieved in a number of ways.
(1) Once each year during June and July or as soon as possible thereafter following adjournment of the legislature, the Agency of Transportation, in cooperation with the regional planning commissions, will hold a public meeting to solicit public comment on the STIP. The Vermont Interactive Television Network may be used to provide simultaneous dispersed geographic access for public input. The public meeting will discuss 1) needed amendments to the current year's STIP, arising either from legislative action or from other causes; 2) input and comment on the coming year's STIP. In addition to soliciting comment from the general public, notice of this meeting and an invitation to submit comments will also be offered to regional planning commission TACs and to affected municipalities. Two weeks prior to the meeting, the draft STIP will be printed and a public notice about its availability will be issued statewide. The notice will provide information on how copies of the draft STIP may be obtained, will solicit comments on the draft STIP, and will provide a schedule for the public meetings. Copies of the notification and a copy of the draft will be provided to each regional planning commission. Written comments on the draft STIP will be accepted for two weeks following the public meeting. All comments will be carefully considered in the development of the final STIP.
(2) If necessary, each year during November or December, or otherwise as necessary, any major changes to the STIP will be made using a public involvement process similar to that found in part (1) above. Major changes shall consist of the addition of new large projects (over $2,000,000) to the STIP, or cumulative changes which would drop a large project out of the STIP. The process shall be the same as found above, accepting that one meeting will be held in a suitable central location and comments will be accepted for three (3) days after the meeting. Affected regional planning commission's TACs and municipalities will be notified directly in writing of proposed major STIP changes one week prior to the meeting.
(3) The Agency of Transportation may make minor changes to the STIP. Minor changes may include but are not limited to moving a project from year one to year two or three of the STIP, or vice versa; $2,000,000 or larger changes to a project already in the STIP; or, the addition or deletion of projects of $2,000,000 or less. One week prior to making such minor changes, a statewide notice outlining the proposed changes will be issued. Affected regional planning commissions will receive this notice directly. The notice will provide information on how comments can be made about the proposed minor changes. Public comment will be accepted up to the effective date of the change as stated in the statewide notice, but shall not be less than seven days from the appearance of the public notice.
(4) No comments from TACs or other non-metropolitan local officials will be pursued for cost changes to a project in the STIP of less than $2,000,000, for adding a phase of work for less than $2,000,000 for a project already on the STIP, or changes to the description of a project already on the STIP, although comments on changes are accepted.
III. Periodic Review:
Within two years of the effective date of this documentation, or no later than February 24, 2006, the Agency of Transportation will review and solicit comments from non-metropolitan local officials and other interested parties for a period of no less than 60 days regarding the effectiveness of the consultation process and proposed modifications, and thereafter a least once every 5 years. A specific request for comments shall be directed to the Vermont League of Cities and Towns (as being the state municipal league cited in the federal regulations) and to the TACs of each regional planning commission participating in the TPI program.
In accordance with federal policy, the state, at its discretion, shall be responsible for determining whether to adopt any proposed modifications. If a proposed modification is not adopted, the state shall make publicly available its reason for not accepting the proposed modification by written notification to the league and regional planning commission TACs.
State of Vermont
Agency of Transportation
Policy & Planning Division
Effective: February 24, 2004
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