Off System Structures

Bridges and culverts that belong to a county or municipality are not on the TxDOT ROW and are therefore within a community's floodplain. The FPA may attempt to require a permit from TxDOT when TxDOT controls or oversees the funds used to repair or replace structures in the community's floodplain. The community is responsible for any permits because the structure belongs to the community. In this situation, TxDOT is acting on the behalf of the community as its consultant. Just as the community would not require a consulting firm it hired to obtain and be responsible for the permits, the community can not hold TxDOT responsible for these same permits.