Section 9: Dams
Under 30 TAC Chapter 299 a dam is defined as any barrier, including one for flood detention, designed to impound liquid volumes and which has a height of dam greater than six feet. This does not include highway, railroad, or other roadway embankments, including low water crossings that may temporarily detain floodwater, levees designed to prevent inundation by floodwater, closed dikes designed to temporarily impound liquids in the event of emergencies, or off-channel impoundments authorized by the TCEQ under Texas Water Code Chapter 26.
Dam Safety rules do not apply to roadway embankments, even though they may temporarily impound water, unless the embankment was also intended to function as a detention dam. TxDOT practice is to avoid using a highway embankment as a detention dam unless the embankment has been specifically designed to TCEQ dam specifications. TxDOT practice is to comply with 30 TAC Chapter 299 and avoid building roads on or near dams. Any questions regarding a roadway on or near a dam should be directed to the DHE or DES-HYD.