The New Hampshire Department of Environmental Services (DES) promotes the active and comprehensive participation from the public as an essential component in the Department’s decision-making. This policy is intended to ensure that public participation is an integral and effective part of Departmental activities, providing a mechanism for bringing a broad range of diverse stakeholder viewpoints and values into the Department’s decision-making processes. This early and on-going public involvement enables the Department to make more informed decisions, improve work quality through collaborative efforts, and build mutual understanding and trust between the Department and the public it serves.

This policy is designed to function as a general framework within which all Department programs operate. The policy is not intended to limit any legal requirements imposed by law, regulation, or contractual agreement; nor does it modify any legal rights available to the public under current law or rules. Certain DES programs have additional specific public participation requirements (e.g., hearing notification lead times); these specific requirements shall be adhered to along with the general public participation processes described herein. In the event of any direct conflict between general policies and specific requirements, the specific requirements will prevail. This policy is not intended to apply to case-specific enforcement-related decisions. Public input regarding enforcement decisions has been and will continue to be sought in the context of DES’s Compliance Assurance Response Policy (CARP). 
 

DES’s public participation goals are as follows:

DES’s public participation goals, set forth above, are based upon the following principles:

1. Begin planning and budgeting for public participation activities at the earliest stages of project or program planning. Use the checklist set forth in Appendix B to help design a public participation process for each specific project.
2. Consult and coordinate with DES outreach staff, including those in each Division and those in the Public Information and Permitting Office. They will be able to help plan and conduct all levels of public participation activities. Through public affairs officers, seek to obtain a good understanding of local issues, values, and interested and affected persons to help anticipate how the public would like to participate in the process.
3. Carry out public participation activities in a manner supportive of the Department’s environmental equity policy. This environmental equity policy can be found at www.des.state.nh.us/equity_policy.htm.
4. Carry out public participation activities in a manner supportive of the Americans with Disabilities Act, providing equal opportunity for all people with disabilities to access DES information, including DES meetings and DES’s web page.
5. Establish working relationships with key audiences such as state and local governments, environmental organizations, the business community, and civic groups. This may be done through the creation of special advisory task forces, for example.
6. Actively seek interactions with the public through speaking engagements, civic groups, exhibits, workshops, etc. Obtain information from the public on a specific issue via polls, questionnaires, interviews, forums, meetings, seminars, community site visits, focus groups, and Internet exchanges.
7. Present alternatives fairly and objectively. Do not overstate benefits or minimize costs and potential impacts. Recognize that members of the public may identify additional reasonable alternatives to the proposed action.
8. Practice active and empathetic listening to understand other points of view.
9. Encourage the public to provide specific comments rather than simply to express satisfaction or dissatisfaction with the proposed action.
10. Develop and maintain a list of relevant contacts.
11. In addition to the general public participation procedures set forth herein, adhere to any specific procedures (e.g., notifications, deadlines, etc.) set forth in the statutes and/or rules.
12. At the conclusion of a particular process or initiative, consider seeking suggestions for improvement in the process from the public.
13. Involve the public early in the decision-making process, before narrowing alternatives and making other key decisions.
14. Inform state and local governments, civic and environmental organizations, and communications media of the proposed action and the public participation process to be conducted.

1. Conduct public meetings and hearings in a manner that encourages discussion and mutual understanding of the proposed action. Whenever possible, meetings and workshops should have interactive components to encourage dialogue between DES and the public. Opportunity to submit written comments should also be provided; allow a sufficient time period to review all written comments following the meetings.
2. Provide sufficient lead time for all public meetings and workshops, and provide notice in newspapers, newsletters, the Internet, and other appropriate means.
3. Some of the best results of meetings stem from providing an opportunity for all the parties to meet one another and listen to the concerns of others. Face-to-face meetings are more likely to encourage fruitful discussion than simply providing written responses.
4. Substantial environmental controversy concerning a proposed action may indicate a need for public meetings.
5. When time allows, consider holding pre-meeting briefings to provide state and local government officials, DES employees, and the local media with specific information on the proposed action and the schedule of upcoming activities.
6. A skilled, well-informed facilitator can substantially enhance public input at informal meetings. Such a facilitator need not be a DES employee.
7. A single large public meeting brings together all the interested parties and is an important tool in involving the public. However, large meetings can grow unwieldy, limiting the opportunity for discussion, making dialogue difficult, and frustrating participants. Sometimes informal meetings in small groups are better for eliciting useful information and encouraging interaction with individuals who may not be comfortable speaking before a large audience. Concurrent topical breakout sessions where people can go from room to room are sometimes valuable. Sessions can then be repeated at other times or on other days. (Remember to include any appropriate comment made in breakout sessions in the official record of the meeting.)
8. Give the logistical and presentation details careful consideration when planning a public meeting. Consider the needs of all people, including those with disabilities, by addressing such things as room layout, comfort and safety, accessibility, room temperature, and extraneous noise.
9. Seek to understand the public’s expectations and needs. Work with local organizations and community groups to help plan meeting formats and locations that will meet their needs and DES’s needs. Consider meeting in community centers, schools, libraries, etc. for the public’s convenience.
10. Strive to hold at least some meeting sessions during evening hours.
11. In addition to DES employees, consider asking representatives of stakeholders, permit appli-cants, other agency officials, etc. to make a short presentation and to respond to questions. Such officials should also be encouraged to be available in breakout rooms for dialogue with interested people.
12. DES representatives should never argue with meeting participants or disparage any views presented, although it is appropriate to indicate polite disagreement and to clarify misunderstandings of facts.
13. A record of all public meetings should be kept and a summary report produced on a timely basis, including any recommendations (often required by law — see RSA 91-A and RSA 541-A).
14. When possible and appropriate, staff should summarize meeting minutes or flip-chart notes, respond to comments received, and write thank you notes as appropriate. A personal touch with correspondence can help to build trust and working relationships.

1. In addition to publication of a notice in a paper of general circulation, DES should seek to identify interested parties and notify them specifically.
2. Hearing notices affecting a significant number of minority and non-English speaking persons should be translated and advertised in media which customarily serve such persons.
3. Hearing notices should include mention that translation services, including signing for the hearing impaired, can be provided if a request for such service is made before a specified date.
4. The venue of hearings should be carefully selected such that the venue be wheelchair accessible.

1. Disclose information. Unless restricted as privileged or confidential (e.g., trade secret/ confidential business information, attorney-client privilege, deliberative process privilege), DES should make information about a proposal readily available to the public.
2. Make information available well in advance of public meetings.
3. Establish information repositories to make all information pertaining to the proposed action readily available to interested persons. Such repositories could be in public libraries or other locations that are open during evening or weekend hours, including the Internet.
4. In addition to publishing notices of events or availability of documents in the N.H. Rulemaking Register and in the legal notice sections of newspapers, use media that members of the public are more likely to encounter, such as community and school newspapers, daily newspapers, radio and television announcements, and notices in public places. The goal is to notify the interested or affected public. The notice can be placed in advertising space to guarantee publication and increase the likelihood that the public will see it. Issuing press releases to the news media may not be enough, because these media often only carry stories that they consider "newsworthy."
5. When appropriate, print public notices in Spanish, French, or other foreign languages.
6. Make an effort to enhance the media’s understanding of the issues related to the program, site, or proposed action. This will facilitate the dissemination of accurate information to the public.
7. Prepare and distribute follow-up reports to assist the public in evaluating decisions.

Use computer bulletin boards, e-mail, Internet, and similar forms of communication to provide members of the public with easy, inexpensive access to information about DES activities, including meetings and availability of documents. Use the DES web site as much as effectively possible. (Contact the PIP Unit for coordinating the placement of information on DES’s home page.)

1. Use DES’s latest stakeholder mailing lists and the Public Information and Permitting Unit’s mailing lists to help identify potentially interested or affected groups and government agencies. Remember that these lists are only meant to supplement a site-specific mailing list or a mailing list established for a particular proposal.
2. Make use of any established mailing list of persons who should receive or have requested to receive information on site or program activities. This will facilitate providing informational materials such as fact sheets, press releases, and notices to persons who may be interested in a proposed action. Telephone and facsimile numbers may aid in communicating with organizations and government entities.
3. Establish a specific mailing list for those interested in a particular proposed action to facilitate providing information, draft and final documents, and notices regarding the proposal. Prepare a sign-up sheet at public meetings and other public forums for individuals who want to be on the mailing list. Develop the mailing list at the beginning of the public participation process and maintain it throughout the life of the project.
4. Mailing informational materials is one-way communication, and it is essential to establish two-way communication through direct feedback from the public in meetings, telephone conversations, workshops, open houses, etc.

Use DES newsletters to publicize plans and upcoming meetings, hearings, and other activities regarding the proposed program, permit, or action, provided the publication schedule is consistent with conveying the information in a timely manner.

Develop fact sheets regarding the program and any proposed action. These can be disseminated at public meetings, public libraries, etc., and posted on DES’s web page.

Use press releases effectively to facilitate communication with the public.

Exhibits include visual displays of maps, charts, diagrams, photographs, videotapes, computer displays, and models. Their purpose is to illustrate proposed actions and related issues in a creative and informative way, making technical information more accessible and understandable. Place the exhibit where it is most visible to the interested or affected public, such as a public library or shopping center. Consider displaying a temporary exhibit at public meetings and other public activities.

1. Designate a point-of-contact for responding to citizens and providing the public with information on a regular basis.
2. The designated point-of-contact should coordinate all activities with the DES public information officer.
3. Whenever appropriate, documents should facilitate public access through the inclusion of staff contacts, toll-free numbers, direct numbers, and e-mail addresses.

 

1. Understand that people who comment are expressing sincere concerns.
2. Be timely in responding to public comments.
3. Deal fairly with independent experts. Recognize that people outside of DES may be highly competent and can contribute valuable perspectives.
4. Provide clear, definite responses to substantive comments. Differentiate between philosophical and factual differences. Explain why one approach or option was selected over others.

The following checklist is intended as a guide to assist those responsible for DES public participation processes in deciding whether or not public participation is appropriate for a given activity, how such an activity should be structured, and what process elements should be included:

A. Do you need to involve the public?

B. Have you laid the groundwork for a well-constructed process?

C. Do you have the elements in place to make the process work?

D. Did the process work?