[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR327.4]



[Page 463]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 327_PUBLIC HEARINGS--Table of Contents

 

Sec.  327.4  General policies.



    (a) A public hearing will be held in connection with the 

consideration of a DA permit application or a Federal project whenever a 

public hearing is needed for making a decision on such permit 

application or Federal project. In addition, a public hearing may be 

held when it is proposed to modify or revoke a permit. (See 33 CFR 

325.7).

    (b) Unless the public notice specifies that a public hearing will be 

held, any person may request, in writing, within the comment period 

specified in the public notice on a DA permit application or on a 

Federal project, that a public hearing be held to consider the material 

matters at issue in the permit application or with respect to Federal 

project. Upon receipt of any such request, stating with particularity 

the reasons for holding a public hearing, the district engineer may 

expeditiously attempt to resolve the issues informally. Otherwise, he 

shall promptly set a time and place for the public hearing, and give due 

notice thereof, as prescribed in Sec.  327.11 of this part. Requests for 

a public hearing under this paragraph shall be granted, unless the 

district engineer determines that the issues raised are insubstantial or 

there is otherwise no valid interest to be served by a hearing. The 

district engineer will make such a determination in writing, and 

communicate his reasons therefor to all requesting parties. Comments 

received as form letters or petitions may be acknowledged as a group to 

the person or organization responsible for the form letter or petition.

    (c) In case of doubt, a public hearing shall be held. HQDA has the 

discretionary power to require hearings in any case.

    (d) In fixing the time and place for a hearing, the convenience and 

necessity of the interested public will be duly considered.