1625-0015 Stat/Authority

Coast Guard, DHS

§ 115.50

transportation, whichever occurs first,
may be allowed.
[CGD 75–046, 40 FR 24898, June 11, 1975, as
amended by CGD 80–099, 46 FR 38354, July 27,
1981]

§ 115.15 Permit bonds.
When compensatory works or the removal of temporary structures should
be required of the permittee, or in
other unusual cases when there is reason to anticipate that the permittee
may fail to carry out parts of the work
that are against his interest, an additional condition will be included in the
permit requiring the permittee to furnish a bond insuring compliance with
the permit requirements.
§ 115.20 Transfer of permits.
Permits express merely the assent of
the Federal Government so far as concerns the public rights of navigation.
Although issued to a specific party, the
assent is not limited to execution of
the work by that party and may be
availed of by the assignees or purchasers of the property affected, provided the terms of the instrument are
strictly complied with.
§ 115.30 Sufficiency of State authority
for bridges.
An opinion of the attorney general of
the State as to the sufficiency of State
authority for the construction of a
bridge is acceptable to the Coast Guard
in doubtful cases.

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§ 115.40 Bridge repairs.
Repairs to a bridge which do not
alter the clearances, type of structure,
or any integral part of the substructure or superstructure or navigation conditions, but which consist only
in the replacement of worn or obsolete
parts, may, if the bridge is a legally approved structure, be made as routine
maintenance without approval of the
U.S. Coast Guard.
§ 115.50 Application for bridge permits.
(a) Approval of plans. An application
for authorization to construct a bridge
across navigable waters of the United
States must show the name and address of the applicant; the waterway
and location of the bridge; citation to

the act of Congress or the State legislature authorizing the bridge; be accompanied by a map of the location
and plans of the bridge showing the
features which affect navigation; and
papers to establish the identity of the
applicant.
(b) Prior authority necessary. Except
as provided under paragraph (c) of this
section, a bridge cannot lawfully be
constructed across any navigable waterway of the United States until the
location and plans have been approved
by the Coast Guard.
(c) Prior authority not necessary. Coast
Guard approval of the location and
plans for construction or modification
of a bridge or causeway is not required
for any bridge or causeway over waters
which are not subject to the ebb and
flow of the tide and which are not used
and are not susceptible to use in their
natural condition or by reasonable improvement as a means to transport
interstate or foreign commerce, whether or not such waters were used or were
susceptible to use, at some previous
time, to transport commerce (historic
use). This provision does not apply to
bridges which connect the United
States with any foreign country.
(d) Form. The application for the approval of plans consists of a letter accompanied with maps and plans of the
proposed structure.
(e) Signature. In case of signature by
an agent or by an official of a corporation, a duly authenticated copy of the
authority for the action must accompany the application.
(f) Identification. If the applicant is a
corporation, it must furnish certified
copies of the following papers, all properly authenticated: The charter or articles of incorporation; the minutes of
organization; extract from minutes
showing the names of the present officers of the corporation.
(1) Where State laws vest in State or
county officers, such as boards of supervisors and county courts, the power
to authorize the construction of
bridges, they must furnish with their
application certified extracts from
their proceedings showing their action
authorizing the proposed structure.
(g) Plans. Four sets of plans must be
submitted with the application, on
which the location of the work and the

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§ 115.60

33 CFR Ch. I (7–1–10 Edition)

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essential features covered by the application will be outlined in red. Each
drawing must have a simple title, date
and number, preferably in the lower
righthand corner.
(h) Size of sheets. The drawings will be
on letter size sheets. As few sheets will
be used as necessary to show clearly
what is proposed.
(i) Special instructions. (1) The scale
will be shown graphically. The north
and south line will be indicated by a
meridian arrow. Soundings and elevations will be shown in feet and referred to the established Government
datum plane at the locality.
(2) The direction of currents will be
indicated by an arrow, and the strength
of currents, both ebb and flow, or low
water and high water, will be shown
close to the proposed location of the
bridge, and at both ends of the waterway shown on the map of location.
(3) The plans will show in figures the
least clear height of the lowest part of
the superstructure over navigation
openings, with reference to the planes
of mean high water and mean low
water if the bridge is to cross tidal
water. If the waters are nontidal, the
least clear height will be shown with
reference to the planes of extreme high
water and mean low water. If records of
river heights are available, the plane
above which flood waters have not remained more than 2 percent of the time
will be indicated. Reference will also be
made to other datum planes if appropriate for the waterway in question.
(4) If harbor lines have been established at the site of the bridge, their
position will be shown on the plans.
(j) Structural details. Only those
should be shown which are needed to illustrate the effect of the proposed
structure on navigation. If the bridge
is to be equipped with a draw, the latter will be shown in two positions:
closed and open.
(k) To whom application should be presented. The application and the papers
and plans accompanying it should be
submitted to the District Commander
having jurisdiction over the area in
which the bridge site is located.
[CGFR 67–46, 32 FR 17771, Dec. 12, 1967, as
amended by CGD 75–046, 40 FR 24898, June 11,
1975; CGD 80–099, 46 FR 38354, July 27, 1981;
CGD 82–102, 48 FR 54299, Dec. 2, 1982]

§ 115.60 Procedures for handling applications for bridge construction permits.
The following procedures will be observed in the handling of applications
for permits to construct, modify, or replace bridges over navigable waters.
(a) District Commander’s review of application and plans. When an application is received, the District Commander verifies the authority for construction of the bridge, reviews, the application and plans for sufficiency, ascertains the views of local authorities
and other interested parties, and ensures that the application complies
with relevant environmental laws, regulations, and orders. If the application
contains any defects that would prevent issuance of a permit (as for example, if the proposed bridge provided insufficient clearance), the applicant is
notified that the permit cannot be
granted and given reasons for this determination. The applicant may then
request that the application be considered by the Commandant. If the applicant makes such a request, or if the application is not found defective, the
District Commander notifies the public
that it has been received and continues
its processing. A copy of this notification will be sent to the state, interstate agency or the Environmental
Protection Agency (EPA) responsible
for acting on requests for water quality
certification for the project. If the
state, interstate agency, or the EPA
fails to issue or deny the water quality
certification within 30 days after receiving the copy of this notification,
the requirements for a water quality
certification are waived. If the appropriate agency notifies the District
Commander that the applicant has not
filed a request for water quality certification, or requests additional time to
review an application, additional time
will be granted.
(b) Public meeting. (1) Public meetings
will be held when there are substantial
issues concerning the effect that the
proposed bridge will have on the reasonable needs of navigation.
(2) Notice of the public meeting will
be published in the FEDERAL REGISTER.
Notice of the meeting is also mailed to
State, county, and municipal authorities and all other known interested

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