Government Policies and Regulations Regarding Coastal Projects

Refer to Chapter 2 for general state and federal regulations and policies. Below are plans, policies, and regulations that apply to most projects occurring in coastal environments.
Federal
  • USACE.
     The USACE issues permits and authorizations for discharges of dredged or fill material into waters of the U.S., which includes a variety of waters and wetlands. Typical “fill” impacts such as shoreline stabilization, drainage outfalls, bridge piers/bents, and other structures in jurisdictional waters require permitting, and most likely compensatory mitigation. In general, the greater the impacts, the longer, more complex, and more expensive the path may be to obtain USACE approval before construction can be initiated. USACE regulations require consideration of direct and indirect physical effects of future sea level change across the project life cycle for managing, planning, engineering, design, constructing, and maintaining USACE projects located in and near the coastline.
    The USACE also must grant permission for the alteration, occupation, or use of a USACE civil works project, for example to build a bridge or road that crosses a USACE-owned property or easement (levees, dams, reservoirs, flood mitigation areas, sea walls, bulkheads, etc.). The USACE supports levee certification decisions for the NFIP administered by FEMA. If USACE permission is required, it must be granted before the USACE can issue any other type of permit or authorization.
    TxDOT maintains a funding agreement with the USACE Galveston District for expedited review and technical assistance. Contact the Environmental Affairs Division and District environmental staff to assist with USACE permits and authorizations.
  • USACE and U.S. Coast Guard.
     Crossings of rivers, estuaries, and bays considered to be navigable waterways are regulated by the U.S. Coast Guard (USCG) and the USACE. For projects involving construction of bridges over navigable waterways, a permit or authorization may be required from the USCG and/or the USACE.
    The USCG reviews and permits bridges and causeways over navigable waters, authorizes associated lighting and signals, and imposes conditions relating to construction, maintenance, and operation in the interest of public navigation. The USCG requires plans suitable for general public use in addition to standard TxDOT plans. Refer to the
    USGC Bridge Permit Application Guide
     for permitting procedures and guidance. Environmental Affairs Division and District environmental staff can assist with USCG permits and authorizations, including those involving the sequential relationship with USACE authorizations and permits. Early coordination with the USCG is recommended; however, the final permit application may not be submitted until final design (i.e., 90 percent plans), and permitting may take six months or more.
  • U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS).
     Coastal highways traverse bays, estuaries, coastal wetlands, and beaches, which support a diversity of habitats for a variety of threatened or endangered plant and animal species. Each project must be assessed for its potential to impact federally protected species and essential fish habitat. Depending on anticipated impacts and the species involved, coordination or consultation with the USFWS and the NMFS may be required to permit or authorize the project. Contact the Environmental Affairs Division and District environmental staff to assist with protected species evaluations. All consultations with the USFWS and the NMFS are conducted through the Environmental Affairs Division.
    The USFWS also administers the Coastal Barrier Resources Act (CBRA), which discourages development in coastal areas that are vulnerable to hurricane damage and that host valuable natural resources by designating certain undeveloped coastal areas ineligible for most new federal expenditures and financial assistance. If the project includes any type or amount of federal funding and is located within designated areas, the project must be reviewed to determine if project activities qualify for an exception and if the project is consistent with the purposes of the CBRA. If the project qualifies for an exception, the determination must be approved though consultation with the USFWS. If the project does not qualify for an exemption, project activities are not eligible for federal funding under the CBRA. All CBRA consultations with the USFWS would be conducted through the Environmental Affairs Division.
State
  • Texas Parks & Wildlife Department (TPWD).
     TxDOT and TPWD have a Memorandum of Understanding (MOU) that outlines responsibilities for the protection of the natural environment. Under the MOU, TxDOT is required to assess projects for their potential to impact state-protected species and other protected or imperiled resources, and to coordinate certain types of projects. Assessments and coordination with TPWD are conducted and managed by District environmental staff with assistance from the Environmental Affairs Division. Coordination is conducted under the MOU with transportation liaisons in the TPWD Wildlife Habitat Assessment Program. Coordination with TPWD should occur as early as possible to capture and implement recommendations to minimize habitat impacts.
  • Texas General Land Office (GLO), Texas Coastal Resiliency Master Plan.
     The State of Texas has not developed statewide regulations related to sea level rise and coastal hazards. In March 2019, the GLO on behalf of the State prepared a
    Texas Coastal Resiliency Master Plan
    to reduce the vulnerability of the state’s coastal infrastructure and resources. The plan provides resiliency goals for the state and a recommended set of prioritized projects to support enhanced protection for the state’s coastline. During project planning, the Texas Coastal Resiliency Master Plan should be consulted to ensure the proposed roadway project is in alignment with overall state resiliency goals.
    The GLO also manages all state submerged lands (tidal and non-tidal). TxDOT is required to acquire easements from the GLO for all transportation projects that will acquire state-owned submerged lands. The identification of submerged lands and required easements is typically performed during project planning and is addressed during ROW acquisition.