PART 115—BRIDGE LOCATIONS AND CLEARANCES; ADMINISTRATIVE PROCEDURES Authority: Mar. 3, 1899, Ch. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); Mar. 23, 1906, Ch. 1130, sec. 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as amended (33 U.S.C. 499); sec. 11, 54 Stat. 501, as amended (33 U.S.C. 521); Aug 2, 1946, Ch. 753, title V, sec. 502, 60 Stat. 847, as amended (33 U.S.C. 525); 86 Stat. 732 (33 U.S.C. 535); 14 U.S.C. 503. Source: CGFR 67-46, 32 FR 17771, Dec. 12, 1967, unless otherwise noted. § 115.01 Purpose. This part states the requirements for applying for a permit to construct or modify bridges crossing the navigable waters of the United States. It also sets forth the procedures by which the application is processed by the Coast Guard. [CGD 82-006, 47 FR 36641, Aug. 23, 1982, as amended by USCG-2012-0306, 77 FR 37314, June 21, 2012] § 115.05 Necessary primary authority. For bridges constructed by State or municipal agencies, the primary authority will be presumed without proof. If the law of the State requires a license for or approval of the bridge from a constituted State agency, a copy of such license or approval will be required and may be accepted as evidence of the primary authority. If there is no State regulation of bridges in navigable waters, the necessary primary authority may be that granted in the charter of a corporation, or the authority inherent in the ownership of the land on which the structure is placed. The applicant will in such cases be required to furnish an excerpt from the charter, or a statement of ownership. Special care will be taken that Federal approval is not granted when there is doubt of the right of the applicant to construct and utilize the bridge. [CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by USCG-2011-0257, 76 FR 31836, June 2, 2011: USCG-2012-0306, 77 FR 37314, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017] § 115.10 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. [CGFR 67-46, 32 FR 17771, Dec. 12, 1967. Redesignated by USCG-2016-0498, 82 FR 35081, July 28, 2017] § 115.15 Limiting date in permits. (a) Specific time limitations are inserted in all permits for the commencement of construction and completion thereof. Normally three years for start of construction and two additional years for completion may be allowed. (b) Specific time limitations are inserted in all permits for the removal of bridges being replaced in whole or in part by the newly permitted bridges where removal thereof is required as a condition of the permit. Normally 90 days for removal after completion of the new bridge or opening to land 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. Redesignated by USCG-2016-0498, 82 FR 35081, July 28, 2017] § 115.20 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. [CGFR 67-46, 32 FR 17771, Dec. 12, 1967. Redesignated by USCG-2016-0498, 82 FR 35081, July 28, 2017] § 115.30 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. [CGFR 67-46, 32 FR 17771, Dec. 12, 1967. Redesignated by USCG-2016-0498, 82 FR 35081, July 28, 2017] § 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 a formal permit action from the U.S. Coast Guard. [CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by USCG-2012-0306, 77 FR 37314, June 21, 2012] § 115.50 Application for bridge permits. (a) Application. (b) Prior authority necessary. (c) Prior authority not necessary. (d) Signature. (e) Identification. (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 excerpts from their proceedings showing their action authorizing the proposed structure. (f) Plans. (g) Size of sheets. (h) Special instructions. (2) The direction of the current or, for tidal waters, the direction of the ebb and flow, will be indicated by arrow(s), and 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 2 percent flowline (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. (i) Structural details. (j) To whom application should be presented. [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; USCG-2011-0257, 76 FR 31836, June 2, 2011: USCG-2012-0306, 77 FR 37314, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017; USCG-2024-1103, 90 FR 52877, Nov. 24, 2025] § 115.60 Procedures for handling applications for bridge 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. (b) Public meeting. (2) Notice of the public meeting will be published in the Federal Register. (3) Meetings are public and conducted in an informal manner. A designated Coast Guard official presides. The submission of written statements is invited and encouraged. Anyone desiring to do so may speak. Statements, written or oral, are not under oath, and cross-examination is not permitted. No fixed order has been established for the presentation of evidence or argument although proponents are generally heard first, followed by opponents with full opportunity afforded for rebuttals. (c) Report and recommendations. (1) Comparison of proposed bridge with existing bridges over the waterway; attitude of local authorities; summary of objections raised by the public, and District Commander's comments or responses; probable effect on navigation, present and prospective. (2) Description of the navigation on the waterway past the site of the proposed bridge, the number and type of vessels, the number of vessel trips, and the principal method of handling traffic, whether in single vessels or in tows. (3) Whether the District Commander approves, or recommends approval of the plans. If they are found objectionable, the reasons for this finding will be stated. If there are objectionable features in the plans which may be corrected, the applicant is given an opportunity to revise them. If approval is given or recommended, all conditions to which the permit should be subject will be stated. (d) Action on permit application. (2) When an application is approved, the issuing official signs the permit and transmits it to the applicant. (3) When an application is not approved, the applicant is notified and provided with reasons for the disapproval and suggestions for modifications that would justify reconsideration, if appropriate. (4) If an application is disapproved by the District Commander, the applicant may appeal this decision to the Commandant under § 114.50 of this chapter. The Commandant's determination shall constitute final agency action. (e) Permit amendments. (5 U.S.C. 559; 14 U.S.C. 503; 33 U.S.C. 401, 491, 499, and 525; and 49 CFR 1.46(c) and (q)) [CGD 80-099, 46 FR 38354, July 27, 1981; 46 FR 42268, Aug. 20, 1981, as amended by CGD 82-006, 47 FR 36641, Aug. 23, 1982; CGD 82-074, 47 FR 51865, Nov. 18, 1982; USCG-2008-0179, 73 FR 35012, June 19, 2008; USCG-2010-0351, 75 FR 49410, Aug. 13, 2010: USCG-2012-0306, 77 FR 37314, June 21, 2012; USCG-2013-0397, 78 FR 39174, July 1, 2013; USCG-2020-0304, 85 FR 58278, Sept. 18, 2020; USCG-2022-0323, 88 FR 10029, Feb. 16, 2023; USCG-2024-1103, 90 FR 52877, Nov, 24, 2025] § 115.70 Advance approval of bridges. (a) The General Bridge Act of 1946 requires the approval of the location and plans of bridges prior to start of construction (33 U.S.C. 525). The Commandant has given his advance approval to the location and plans of bridges to be constructed across reaches of waterways navigable in law, but not actually navigated other than by logs, log rafts, rowboats, canoes and small motorboats. In such cases the clearances provided for high water stages will be considered adequate to meet the reasonable needs of navigation. The Coast Guard recommends notice to the District Bridge Manager to ensure that the District has determined that advance approval provision is applicable to the waterway reach over which the bridge is to be constructed. (b) The term “small motorboats” shall be interpreted in the light of the things and conditions with which it is associated. The term means rowboats, canoes and other similar craft with outboard motors. It does not include sailing or cabin cruiser craft. (14 U.S.C. 503; 33 U.S.C. 401, 491, and 525; and 49 CFR 1.46(c)) [CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by CGD 81-076, 46 FR 54936, Nov. 5, 1981; USCG-1998-3799, 63 FR 35527, June 30, 1998; USCG-2013-0397, 78 FR 39174, July 1, 2013; USCG-2020-0304, 85 FR 58278, Sept. 18, 2020]