---
kind: "section"
citation: "25 C.F.R. § 170.435"
title: "25"
number: "170.435"
heading: "When is a public hearing required?"
url: "https://uscodex.org/cfr/25/170.435"
---

# §170.435. When is a public hearing required?


The Tribe, or BIA or FHWA after consultation with the appropriate Tribe and other involved agencies, determines whether or not a public hearing is needed for a TTPTIP, a LRTP, or a project. A public hearing must be held if a project:

- (a) Is for the construction of a new route or facility;
- (b) Would significantly change the layout or function of connecting or related roads or streets;
- (c) Would cause a substantial adverse effect on adjacent property; or
- (d) **Is controversial or expected to be controversial in nature.**

## Notes

### Authority

Authority: Pub. L. 112-141, Pub. L. 114-94; 5 U.S.C. 2; 23 U.S.C. 201, 202; 25 U.S.C. 2, 9.

### Source

Source: 81 FR 78463, Nov. 7, 2016, unless otherwise noted.