Section 3: Agreements and Permits

Permits

The following permits should be reviewed before making engineering decisions related to bridge design:
  • U.S. Army Corps of Engineers
     – Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) empowers the Corps of Engineers (COE) to regulate all work on structures other than bridges or causeways that affect the course, condition, or capacity of navigable waters of the United States. This term includes those waters defined as navigable by the U.S. Coast Guard (USCG) but may also include rivers that were historically navigable or that with modification may be available for future use to transport interstate commerce. The determination of navigability will be made by each COE District engineer and is available upon request.
  • U.S. Coast Guard
     – Section 9 of the Rivers and Harbors Act of 1899 empowers the United States Coast Guard (USCG) to regulate the construction of bridges and causeways within or across navigable waterways as determined by that agency. This regulation includes the approval of plans and the issuance of permits. FHWA, however, has the authority to determine if a USCG permit is not required.
  • Environmental Protection Agency
    – The Environmental Protection Agency (EPA)
     administers, and issues permits for non-point source pollutants associated with industrial activities (construction) and Municipal Separate Storm Sewer Systems (MS4) permits. For further information, contact ENV for details on requirements for permits and the most current agreements.
  • Mexico
     – Presidential Permits are required to convey permission for construction and maintenance of facilities connecting the United States with Mexico. Multiple TxDOT Offices and Divisions are involved in the Presidential Permit process.
Information, requirements, and coordinating division for each of these permits can be found online in the TxDOT Project Development Process Manual.

Agreements

The following agreements shall be reviewed when making engineering decisions related to bridge design:
  • Railroad
    – The Rail Division’s Rail Safety Section (RRD-RSS) is the Department’s Office of Primary Responsibility for railroad issues, and it works closely with the District and Bridge Division project manager in preparation of state-railroad agreements involving structures.
  • International Boundary and Water Commission (IBWC)
    – IBWC has jurisdiction along the boundary between the United States and Mexico. Submit work proposed within the flood plain and adjacent to the main channel of the Rio Grande where it forms the international boundary between the United States and Mexico to IBWC for its review and approval before any work is done. Submit preliminary notifications and plans of proposed work and facilities at appropriate times to the Bridge Division project manager for processing with the IBWC. Licenses or agreements will be prepared when appropriate for highways crossing or encroaching upon the IBWC flood control facilities along the Rio Grande.
  • Natural Resources Conservation Service
     – The Natural Resources Conservation Service (NRCS) can construct reservoirs that may affect our highways. The NRCS always operates with a local sponsor, and where the floodwater-impeding structures built by this agency affect our highways, the local sponsor bears the cost of raising, relocating, or protecting our highways. The Bridge Division project manager, assisted by the District, will negotiate for a satisfactory settlement.
  • Navigation District, Water District, Irrigation District, Water and River Authorities
     - Where the State, Navigation District, Water District, Irrigation District, or Water and River Authority undertake construction that affects the rights of another, the Bridge Division project manager negotiates a satisfactory agreement setting forth the financial responsibility and commitments of each party involved.
  • Cities or Counties
    • For bridges within the boundaries of a city, yet under the jurisdiction of TxDOT (on-state system), the two entities must negotiate a Municipal Maintenance Agreement to determine and fix the respective responsibilities of the department and the local government for maintenance, control, supervision, and regulation of these designated state highways. Municipal Maintenance Agreements are coordinated through the Maintenance Division.
    • Agreements between the State and a city or a county are also necessary when dealing with historically significant bridges and the city or county is the bridge owner. Examples of such agreements can be found in the Historic Bridge Manual.
  • Louisiana, Arkansas, Oklahoma, New Mexico
     - Where either Texas or an adjoining state undertakes construction along the Texas border that affects the rights of the other, the Bridge Division project manager negotiates a satisfactory agreement setting forth the financial responsibility and commitments, including maintenance and liability, of each party involved.
Information, requirements, and coordinating division for each of these agreements can be found online in the TxDOT Project Development Process Manual.