Texas
TEXAS
Citation
The Texas dam safety program derives its primary authority from 12.052 of the Texas Water Code
(TWC). Regulations are established by the Texas Natural Resource Conservation Commission and are
contained in 30 Texas Administrative Code (TAC), Chapter 299, last amended in 1986.
Definitions/Dam Classification
A dam is "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 crossing 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 commission in accordance with Texas
Water Code, Chapter 26, or the Texas Solid Waste Disposal Act, Texas Civil Statutes Article 4477-7".
(Regulations section 299.1).
Height of dam is "the vertical distance from the effective crest of the dam to the lowest elevation on the
centerline or downstream toe of the dam including the natural stream channel. (Regulations section 299.1).
Dams are classified by size and hazard potential:
Size Classification:
Category
Small
Intermediate
Large
Storage (ac-ft)
less than 1000
1000-49,999
50,000+
Height (ft)
less than 40
40-99
100+
Hazard Classification:
Category
Loss of Life
Low
None Expected
Significant
Possible, but not expected
High
Expected
Economic Loss
Minimal
Appreciable
Excessive
Jurisdiction/Powers of Department
The entity with responsibility is the Natural Resource Conservation (the "Commission") per 12.052 of the
Texas Water Code. Also under the Texas Water Code, the commission has the statutory authority to
condemn unsafe works, the executive director has the power to inspect construction projects, and
commission employees have the power to enter a person's land for the purpose of making an investigation.
(See Code Sections 12.015, 12.016, and 12.017). The commission is empowered to make rules by the
Texas Water Code Section 12.052. Regulations section 299.22 grants the commission the power to review
and approve plans for construction, enlargement, alteration, repair or removal of dams. (Approval takes
the form of a letter, not a permit). The executive director may make inspection during construction
(section 299.26) and site non-compliance at any time (section 299.28). The executive director may call
for remedial work if necessary and invoke judicial action to enforce compliance (section 299.28). The
executive director may issue emergency orders if necessary (section 299.61) and call for the removal of
the dam (section 299.51).
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Compiled by the Association of State Dam Safety Officials, July 2000
Texas
Permit/Approval Process
Construction of a dam or the enlargement, repair, or alteration of an existing dam requiring commission
authorization shall not be commenced prior to the executive director's written approval of final
construction plans and specifications (Regulations section 299.22). A licensed professional engineer
registered in Texas must prepare all plans and specifications (Regulations section 299.4). There are no
fees for reviewing plans and specifications.
Fees associated with obtaining a permit to construct a dam and using water from a reservoir include a use
fee ($1 per acre-foot for non-irrigation uses) and a storage fee (50 cents per acre-foot of storage).
Minimum spillway design criteria are required and are found in section 299.14 of the regulations. The
owner pays for remedial work (Regulations section 299.28).
Inspection Process
Although not expressly stated in the statutes, regulations sections 299.15(a) and (c) imply that existing
dams are evaluated and that these evaluations include visual inspections. Dam owners are responsible for
the continuous maintenance of records insuring compliance with the approved plans and specifications
during construction. Copies of these records are to be furnished to the executive director at monthly
intervals during the construction period (Regulations section 229.24). Inspection of construction work is
to be conducted by a registered professional engineer experienced in the construction of dams and
responsible directly to the owner (section 299.26). The executive director may make periodic inspections
for the purpose of ascertaining compliance with approved plans and specifications. No fees for inspection
are charged by the state. The executive director shall require the owner, at his expense, to perform the
work or tests necessary and to disclose information sufficient to enable the executive director to
determine that conformity with the approved plans and specifications is accomplished (section 229.26).
Owner Non-Compliance/Violations/Penalties
Existing dams are covered under sections 299.2 and 299.51 of the regulations and under TWC Section
12.052(d). If at any time during construction, enlargement, repair, or alteration of any dam or reservoir
the executive director finds that the work is not being done in accordance with approved plans and
specifications or in accordance with approved revised plans and specifications, he shall give written
notice thereof and direct compliance by certified mail to the owner. If the owner fails to comply with the
directive, the executive director may take appropriate action to assure compliance. Failure to comply
with approved plans and specifications will be grounds for revocation of the permit and/or civil penalty as
provided by law. The commission may order the structure removed to eliminate any safety hazard to life
and property (299.28). An owner who willfully fails or refuses to take appropriate action is liable for a
penalty of not more than $1,000 a day for each day the violation continues (299.2).
Emergencies
Emergency orders may be issued, without notice to the owner, directing the owner of a dam to take
immediate and appropriate action to remedy situations posing serious threat to human life, health and/or
property (299.61). The regulations do not indicate that the state has the power to take over a dam in the
event of an emergency. As required by emergency management planning, the executive director may
request, and/or the commission may order a dam owner to provide sufficient data to plan for potential
effects of failure or malfunction of a dam and/or associated appurtenant facilities (299.17).
Liability
Nothing in the rules or orders made by the commission shall be construed to relieve an owner or operator
of a dam or reservoir of the legal duties, obligations or liabilities incident to ownership or operation
(299.3).
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Compiled by the Association of State Dam Safety Officials, July 2000
Texas
Oversight
Under Section 5.102 of the Texas Water Code, the commission has the power to hold hearings and to
make findings of fact and decisions. Judicial review of commission acts is provided for in TWC Section
5.351, and judicial remedy for inaction of the commission is found in TWC section 5.352.
Miscellaneous
Written approval of the executive director is required for exception from any or all of the regulations.
The executive director may grant exception if he determines that the physical conditions involved, when
evaluated using standard engineering procedures and techniques, render the requirements unnecessary
(See Regulations section 299.5). Additionally, section 299.18 of the regulations allows for the request for
a variance from hydrologic criteria in the matter of dam design.
Additional Publications:
• Texas Water Commission, Guidelines for Operation and Maintenance of Dams in Texas (dam safety
manual)
• Final Report: Executive Director’s Task Force on Dam Safety
• Inventory of Dams in Texas
• Embankment Damage Control - Animal Burrows and Lodges
Note: Statutes, Rules, and Publications available online at
http://www.tnrcc.state.tx.us/water/quantity/flood/dam.html
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Compiled by the Association of State Dam Safety Officials, July 2000