Complying with US Coast Guard requirements for Work in Navigable Waters of the U.S.,
Section 9 and
Section 10

The U.S. Coast Guard (USCG) regulates bridges and causeways over navigable waters under the General Bridge Act and Section 9 of the Rivers and Harbors Act. Any project that will
maintain a bridgeway or causeway
, construct a new bridge or causeway, or reconstruct, or modify an existing bridge or causeway across a Section 9 navigable water will require a
bridge permit, bridge permit exception, bridge lighting authorization or maintenance work plan
.
Section 10 of the Rivers and Harbors Act requires that a project have authorization from the USACE if the project involves structures or work in or over any navigable water, and/or any obstruction or alteration of these waters. Section 10 permits are primarily intended to preserve the course, location, condition, or capacity of navigable waters. Structures (such as piers, wharfs, breakwaters, bulkheads, jetties, weirs, transmission lines, etc.) and work (such as dredging or disposal of dredged material, excavation, filling, or other modifications) in navigable waters require Section 10 permits.
In order to comply with Section 9 and Section 10, TxDOT must:
  • Obtain
     any required permits from the USCG and USACE for proposed work before work begins in TxDOT ROW. Contractors are responsible for obtaining any off-site permits, including
    those needed
     for PSLs. Check the CMP for any permits that have not
    been obtained
     before project letting.
  • Review the commitments pertaining to the permit(s) in the EPICs section in the PS&E. A copy of the permit(s) will also be kept in the SWP3 Binder for easy access and reference.
  • Ensure that the contractor adheres to the stipulations of the authorization/permit including agreements, mitigation plans, general conditions, and BMPs.
  • Ensure change orders are reviewed by environmental staff so they can determine if proposed changes
    would necessitate modified
     or new permit(s) prior to work being conducted. When contractor-initiated changes to the issued permit(s) are desired, it is the contractor’s responsibility to obtain a new or revised permit(s) at the cost of the contractor (unless otherwise agreed upon by both parties). In this situation, no claims for schedule delays are allowed.
  • Ensure contractors are following USCG and USACE permit requirements as described above.
  • Understand that failure to comply with all permit conditions may result in contract work stoppages being issued by the USCG, USACE or TxDOT.