Section 2: Required Legal Documents
Anchor: #i1002911Overview
This section covers the following required preparation and paperwork topics:
Anchor: #i1002941Agreements
The next subsections discuss these aspects of agreements:
Anchor: #i1002980Agreement Description
Agreements must be executed between the department and other governmental entities when any of the following are true:
- Funds are provided by another agency.
- Other agencies agree to maintain the facility.
- Other agencies or private companies will construct facilities (e.g. driveways, utilities, etc.) on state right-of-way through their local government.
- The department works on property other than its own right-of-way (e.g. railroad crossings).
- Local entity is to let and/or manage construction or performs construction with its own workers.
Agreements between the department and these agencies are considered an important part of the complete PS&E for a project. Agreements are legally binding documents which must be accurate and in accordance with department policy.
Anchor: #i1003020Agreement Deadline
It is essential that all agreements are executed before any work (PS&E and construction) is performed. Negotiating agreements is a time-consuming process and should be initiated as early as possible. Funding agreements should be based on an engineer’s sound estimate.
Anchor: #i1003030Local Agency Agreements
If a local agency desires to let/manage construction or perform any of the construction with its own workers, it must initiate discussion with the local TxDOT district office to receive a thorough explanation of the department’s expectations and submit a written request. The local agency must clearly understand what will be required so the project is not unduly delayed during project development and requirements can be included in the written agreement. For more information, see Chapter 7, Local Public Agency Let Projects.
Anchor: #i1003043Agreement Information References
For more discussion of agreements, refer to the Project Development Process Manual. For assistance in the preparation of various types of agreements, contact the Contract Services Office.
Anchor: #i1003056Memorandum of Understanding or Memorandum of Agreement
Some projects may be governed by a Memorandum of Understanding (MOU) or a Memorandum of Agreement (MOA). A MOU/MOA is an executed understanding between TxDOT and other state and federal agencies. They are usually used to expedite the review process and minimize the required documentation for such items as:
- Funding
- Design criteria
- Construction
- Maintenance.
Agencies with which the department has a MOU/MOA include:
- Texas Historical Commission
- Texas Parks and Wildlife Department
- Texas Department of Mental Health and Mental Retardation
- Texas Natural Resource Conservation Commission
- U.S. Fish and Wildlife Service
- U.S. Forest Service.
Permits
A table of potential environmental permits is shown in the TxDOT Environmental Procedures in the Environmental Manual. Regulatory agencies have permitting requirements for proposed construction activities. Some of the conditions which will require these permits appear in Table 1-1.
|
Condition |
Permitting Agency |
Responsible Office |
|---|---|---|
|
Changing 100-year floodplain level Conditional Letter of Map Revision (CLOMR) is needed before construction, and Letter of Map Revision (LOMR) is needed after construction |
Federal Emergency Management Agency (FEMA) |
District through BRG-Hydraulics |
|
Planning a project near an airport, heliport, or seaport Construction or use of an object taller than 200 ft |
Federal Aviation Administration (FAA) |
District through DES Field Coordination Section |
|
When affecting waters of the U.S. (Section 404 permit) |
U.S. Corps of Engineers |
District or ENV (depends on CI delegation) |
|
Bridges over navigable waters of the U.S. (Section 10 permit) |
U.S. Corps of Engineers (Environmental Impact on Waterway) |
District or ENV (depends on CI delegation) |
|
Bridges over navigable waters of U.S. (U.S. Coast Guard Permit) |
U.S. Coast Guard (Clearance concerns only) |
District or ENV (depends on CI delegation) |
|
When construction will disturb five or more acres of soil area (NPDES General Permit) |
Environmental Protection Agency (EPA) |
District Design or Construction Office |
|
Building or changing vertical clearance to less than 16 ft. (4.9 m) on interstate highways |
Federal Highway Administration (FHWA) or the U.S. Department of Defense (DOD) |
District through DES Field Coordination Section |
|
Planning an international bridge (Presidential Permit through TxDOT) |
U.S. Department of State |
Approval from Transportation Planning and Programming Division prior to submitting application to U.S. Department of State |
|
Changing (water elevation) gauging stations |
U.S. Geological Survey (USGS) |
District through BRG-Hydraulics |
|
Notification of well plugging/capping |
Texas Natural Resource Conservation Commission (TNRCC) |
District initiates through ENV |