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Section 26a of the TVA Act
Summary of 26a Regulations
September 8, 2003
18 CFR Part 1304: Approval of construction in the
Tennessee River system; regulation of structures;
residential related use on TVA-controlled residential
access shoreland and TVA flowage easement shoreland.
Agency: Tennessee Valley Authority (TVA)
Action: Final rule
Quick Index to 26a
Regulations
Summary
Subpart A: Procedures for
Approval
Subpart B: Nonnavigable
Houseboats
Subpart C: TVA Residential
Shoreland
Subpart D: Flowage
Easement Shoreland
Subpart E: Miscellaneous
Definitions
Summary: This rule amends TVA’s regulations under
section 26a of the TVA Act governing the construction,
operation, or maintenance of any dam, appurtenant works,
or other obstruction affecting navigation, flood control, or
public lands or reservations along or in the Tennessee
River or any of its tributaries.
Main Index
The rule generally updates the existing section 26a
regulations to include new sections governing
underground and aboveground storage tanks, marina
sewage pump-out stations and holding tanks, wastewater
outfalls, development within flood control storage zones
of TVA reservoirs, and requests for waivers or variances.
The sections governing the application process and the
handling of appeals are revised for clarity. The rules for
nonnavigable houseboats are clarified, and a provision
governing sanitation for nonnavigable houseboats is
added.
In addition, new subparts incorporate into rules the
“Shoreline Management Policy” (SMP) that was adopted
by the TVA Board of Directors on April 21, 1999, and
became effective on November 1, 1999.
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Date: This rule is effective September 8th, 2003. TVA
SMP standards, incorporated into the rule as subparts C
and D of this part, have been in effect as internal TVA
policy guidelines since November 1, 1999.
Address: Tennessee Valley Authority, Post Office Box
1589, 17 Ridgeway Road, Norris, Tennessee 37828.
Dated: September 8, 2003
Kathryn J. Jackson
Executive Vice President
River Systems Operations and Environment
Tennessee Valley Authority
Authority: 16 U.S.C. 831-831ee
For further information contact [email protected].
Go to Main Index of 26a Regulations.
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TVA: 26a Regulations: Approval of Construction
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Section 26a of the TVA Act
Regulations
Subpart A: Procedures for Approval of Construction
Sections:
1304.1 Scope and intent
1304.2 Application
1304.3 Delegation of authority
1304.4 Application review and approval process
1304.5 Conduct of hearings
1304.6 Appeals
1304.7 Conditions of approvals
1304.8 Denials
1304.9 Initiation of construction
1304.10 Change in ownership of approved facilities or
activities
1304.11 Little Tennessee River; date of formal submission
Quick Index to 26a
Regulations
Summary
Subpart A: Procedures for
Approval
Subpart B: Nonnavigable
Houseboats
Subpart C: TVA Residential
Shoreland
Subpart D: Flowage
Easement Shoreland
Subpart E: Miscellaneous
Definitions
Main Index
§ 1304.1 Scope and intent
The Tennessee Valley Authority Act of 1933 among other
things confers on TVA broad authority related to the
unified conservation and development of the Tennessee
River Valley and surrounding area and directs that
property in TVA’s custody be used to promote the Act’s
purposes. In particular, section 26a of the Act requires that
TVA’s approval be obtained prior to the construction,
operation, or maintenance of any dam, appurtenant works,
or other obstruction affecting navigation, flood control, or
public lands or reservations along or in the Tennessee
River or any of its tributaries. By way of example only,
such obstructions may include boat docks, piers,
boathouses, buoys, floats, boat launching ramps, fills,
water intakes, devices for discharging effluent, bridges,
aerial cables, culverts, pipelines, fish attractors, shoreline
stabilization projects, channel excavations, and
nonnavigable houseboats as defined in §1304.101.
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Any person considering constructing, operating, or
maintaining any such obstruction on a stream in the
Tennessee River Watershed should carefully review the
regulations in this part and the 26a Applicant’s Package
before doing so. The regulations also apply to certain
activities on TVA-owned land alongside TVA reservoirs
and to land subject to TVA flowage easements. TVA uses
and permits use of the lands and land rights in its custody
alongside and subjacent to TVA reservoirs and exercises
its land rights to carry out the purposes and policies of the
Act.
In addition, the National Environmental Policy Act of
1969, as amended, (NEPA), 42 U.S.C. 4321 et seq., and
the Federal Water Pollution Control Act Amendments of
1972, 33 U.S.C. 1251 et seq., (FWPCA), have declared it
to be congressional policy that agencies should administer
their statutory authorities so as to restore, preserve, and
enhance the quality of the environment and should
cooperate in the control of pollution. It is the intent of the
regulations in this part 1304 to carry out the purposes of
the Act and other statutes relating to these purposes, and
this part shall be interpreted and applied to that end.
§ 1304.2 Application
(a) If the facility is to be built on TVA land, the applicant
must, in addition to the other requirements of this rule,
own the fee interest in or have an adequate leasehold or
easement interest of sufficient tenure to cover the normal
useful life of the proposed facility in land immediately
adjoining the TVA land. If the facility is to be built on
private land, the applicant must own the fee interest in the
land or have an adequate leasehold or easement interest in
the property where the facility will be located.
TVA recognizes, however, that in some cases private
property has been subdivided in a way that left an
intervening strip of land between the upland boundary of a
TVA flowage easement and the waters of the reservoir, or
did not convey to the adjoining landowner the land
underlying the waters of the reservoir. In some of these
situations, the owner of the intervening strip or underlying
land cannot be identified or does not object to
construction of water-use facilities by the adjacent
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landowner. In these situations, TVA may exercise its
discretion to permit the facility, provided there is no
objection from the fee owner of the intervening strip or
underlying land.
A TVA permit conveys no property interest. The applicant
is responsible for locating the proposed facility on
qualifying land and ensuring that there is no objection
from any owner of such land. TVA may require the
applicant to provide appropriate verification of ownership
and lack of objection, but TVA is not responsible for
resolving ownership questions. In case of a dispute, TVA
may require private parties requesting TVA action to grant
or revoke a TVA permit to obtain a court order declaring
respective land rights. TVA may exercise its discretion to
permit a facility on TVA land that is located up or
downstream from the land which makes the applicant
eligible for consideration to receive a permit.
(b) Applications shall be addressed to the Tennessee
Valley Authority, at one of the Watershed Team locations.
(c) Submittal of section 26a Application. Applicants must
submit certain required information depending upon
whether a proposed facility is a minor or major facility.
Examples of the two categories are provided in paragraphs
(c)(1) and (2) of this section. Most residential related
facilities are minor facilities. Commercial or community
facilities generally are major facilities. TVA shall
determine whether a proposed facility is minor or major.
An application shall not be complete until payment of the
appropriate fee as determined in accordance with 18 CFR
part 1310, and disclosed to the applicant in the materials
provided with the application package or by such other
means of disclosure as TVA shall from time to time adopt.
For purposes of the information required to be submitted
under this section and the determination of fees, a request
for a variance to the size limitations for a residentialrelated facility (other than a waiver request under
§1304.212 or §1304.300(a)) shall be regarded as an
application for a major facility.
In addition to the information required below, TVA may
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require the applicant to provide such other information as
TVA deems necessary for adequate review of a particular
application.
(1) Information required for review of minor facility. By
way of example only, minor facilities may include: boat
docks, piers, rafts, boathouses, fences, steps, and gazebos.
One copy of the application shall be prepared and
submitted in accordance with the instructions included in
the section 26a Applicant’s Package. The application shall
include:
(i) Completed application form. One (1) copy
of the application shall be prepared and
submitted. Application forms are available
from TVA at the locations identified at the
beginning of this section. The application
shall include a project description which
indicates what is to be built, removed, or
modified, and the sequence of the work.
(ii) Project, plan, or drawing. The project
plan/drawing shall:
(A) Be prepared on paper suitable for
reproduction (8 1/2 by 11 inches);
(B) Identify the kind of structure,
purpose/intended use;
(C) Show principal dimensions, size, and
location in relation to shoreline;
(D) Show the elevation of the structure above
the full summer pool; and
(E) Indicate the river or reservoir name, river
mile, locator landmarks, and direction of
water flow if known.
(iii) A site photograph. The photograph shall
be at least 3 by 5 inches in size and show the
location of the proposed structure or
alteration and the adjacent shoreline area.
(iv) Location map. The location map shall
clearly show the location of the proposed
facility and the extent of any site disturbance
for the proposed project. An 8 1/2 by 11-inch
copy of one of the following is ideal: a TVA
land map, a subdivision map, or a portion of a
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United States Geological Survey topographic
map. The subdivision name and lot number
and the map number or name shall be
included, if available.
(v) Environmental consultations and permits.
To the fullest extent possible the applicant
shall obtain or apply for other required
environmental permits and approvals before
or at the same time as applying for section
26a approvals. Consultations under the
National Historic Preservation Act of 1966
and the Endangered Species Act of 1973 shall
take place, and permits from the U. S. Army
Corps of Engineers and state agencies for
water or air regulation shall be obtained or
applied for at the same time as or before
application for section 26a approval. The
applicant shall provide TVA with copies of
any such permits or approvals that are issued.
(2) Information required for a major facility. One (1) copy
of the application shall be prepared and submitted
according to instructions included in the section 26a
Applicant’s Package. By way of example only, major
projects and facilities may include: marinas, community
docks, barge terminals, utility crossings, bridges, culverts,
roads, wastewater discharges, water intakes, dredging, and
placement of fill. The application shall include:
(i) Completed application form. Application
forms are available from TVA at the locations
identified at the beginning of this section. The
application shall include a narrative project
description which indicates what is to be
built, removed, or modified, and the sequence
of the work.
(ii) Project plan or drawing. Adequate project
plans or drawings shall accompany the
application. They shall
(A) Be prepared on paper suitable for
reproduction (no larger than 11 by 17 inches)
or contained on a 3 1/2-inch floppy disc in
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“dxf” format.
(B) Contain the date; applicant name; stream;
river or reservoir name; river mile; locator
landmarks; and direction of water flow, if
known;
(C) Identify the kind of structure,
purpose/intended use;
(D) Include a plan and profile view of the
structure;
(E) Show principal dimensions, size, and
location in relation to shoreline;
(F) Show the elevations of the structure above
full summer pool if located on a TVA
reservoir or above the normal high water
elevation if on a free-flowing stream or river;
and
(G) Show the north arrow.
(iii) Location map. The location map must
clearly indicate the exact location and extent
of site disturbance for the proposed project.
An 8 1/2 by 11-inch copy of the appropriate
portion of a United States Geological Survey
topographic map is recommended. The map
number or name shall be included. In
addition, recent photos of the location are
helpful for TVA’s review and may be
included.
(iv) Other information where applicable. The
location of any material laydown or assembly
areas, staging areas, equipment storage areas,
new access roads, and road/access closure
required by the project or needed for
construction; the location of borrow or spoil
areas on or off TVA land; the extent of soil
and vegetative disturbance; and information
on any special reservoir operations needed for
the project, such as drawdown or water
discharge restrictions.
(v) Site plans. Some projects, particularly
larger ones, may require a separate site plan
which details existing and proposed changes
to surface topography and elevations (cut and
fill, clearing, etc.), location of all proposed
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facilities, and erosion control plans.
(vi) Environmental consultations and permits.
To the fullest extent possible the applicant
shall obtain or apply for other required
environmental permits and approvals before
or at the same time as applying for section
26a approvals. Consultations under the
National Historic Preservation Act of 1966
and the Endangered Species Act of 1973 shall
take place, and permits from the U. S. Army
Corps of Engineers and state agencies for
water or air regulation shall be obtained or
applied for at the same time as or before
application for section 26a approval. The
applicant shall provide TVA with copies of
any such permits or approvals that are issued.
(d) Discharges into navigable waters of the United States.
If construction, maintenance, or operation of the proposed
structure or any part thereof, or the conduct of the activity
in connection with which approval is sought, may result in
any discharge into navigable waters of the United States,
applicant shall also submit with the application, in
addition to the material required by paragraph (c) of this
section, a certification from the state in which such
discharge would originate, or, if appropriate, from the
interstate water pollution control agency having
jurisdiction over the navigable waters at the point where
the discharge would originate, or from the Environmental
Protection Agency, that such state or interstate agency or
the Environmental Protection Agency has determined that
there is reasonable assurance that the applicant’s proposed
activity will be conducted in a manner which will not
violate applicable water quality standards.
The applicant shall further submit such supplemental and
additional information as TVA may deem necessary for
the review of the application, including, without
limitation, information concerning the amounts, chemical
makeup, temperature differentials, type and quantity of
suspended solids, and proposed treatment plans for any
proposed discharges.
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§ 1304.3 Delegation of authority
The power to approve or disapprove applications under
this part is delegated to the Vice President, Resource
Stewardship, or the designee thereof, subject to appeal to
the Board as provided in §1304.6. In his/her discretion,
the Vice President may submit any application and
supporting materials to the Board for its approval or
disapproval. Administration of the handling of
applications is delegated to Resource Stewardship.
§ 1304.4 Application review and approval process
(a) TVA shall notify the U. S. Army Corps of Engineers
(USACE) and other federal agencies with jurisdiction of
the application as appropriate.
(b) If a hearing is held for any of the reasons described in
subsection (c), any interested person may become a party
of record by following the directions contained in the
hearing notice.
(c) Hearings concerning approval of applications are
conducted (in accordance with §1304.5) when:
(1) TVA deems a hearing is necessary or appropriate in
determining any issue presented by the application;
(2) A hearing is required under any applicable law or
regulation;
(3) A hearing is requested by the USACE pursuant to the
TVA/Corps joint processing Memorandum of
Understanding; or
(4) The TVA Investigator directs that a hearing be held.
(d) Upon completion of the review of the application,
including any hearing or hearings, the Vice President shall
issue a decision approving or disapproving the
application. The basis for the decision shall be set forth in
the decision.
(e) Promptly following the issuance of the decision, the
Vice President or the Board, as the case may be, shall
furnish a written copy thereof to the applicant and to any
parties of record. The Vice President’s decision shall
become final unless an appeal is made pursuant to
§1304.6. Any decision by the Board on a matter referred
by the Vice President shall be a final decision.
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§ 1304.5 Conduct of hearings
(a) If a hearing is to be held for any of the reasons
described in §1304.4(c), TVA shall give notice of the
hearing to interested persons. Such notice may be given
by publication in the Federal Register, publication in a
daily newspaper of general circulation in the area of the
proposed structure, personal written notice, posting on
TVA’s Internet website, or by any other method
reasonably calculated to come to the attention of
interested persons. The notice shall indicate the place,
date, and time of hearing (to the extent feasible), the
particular issues to which the hearing will pertain, and the
manner of becoming a party of record, and shall provide
other pertinent information as appropriate. The applicant
shall automatically be a party of record.
(b) Hearings may be conducted by the Vice President
and/or such other person or persons as may be designated
by the Vice President or the Board for that purpose.
Hearings are public and are conducted in an informal
manner. Parties of record may be represented by counsel
or other persons of their choosing. Technical rules of
evidence are not observed although reasonable bounds are
maintained as to relevancy, materiality, and competency.
Evidence may be presented orally or by written statement
and need not be under oath. Cross-examination by parties
of witnesses or others providing statements or testifying at
a hearing shall not be allowed. After the hearing has been
completed, additional evidence will not be received unless
it presents new and material matter that in the judgment of
the person or persons conducting the hearing could not be
presented at the hearing. Where construction of the project
also requires the approval of another agency of the federal
government by or before whom a hearing is to be held, the
Vice President may arrange with such agency to hold a
joint hearing.
§ 1304.6 Appeals
(a) Decisions approving or disapproving an application
may be appealed as provided in this section. Decisions by
the Vice President’s designee shall be reviewed by the
Vice President; decisions by the Vice President shall be
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reviewed by the Board.
(b) If a designee of
the Vice President
disapproves an
application or
approves it with
The address to which appeals
should be submitted has changed,
but the rules have not yet been
revised. In the interim, applicants
wishing to appeal Watershed Team
permitting decisions should submit
appeals to the Vice President, Land
and Water Stewardship, Tennessee
Valley Authority, Post Office Box
1010, Muscle Shoals, Alabama
35662.
terms and conditions deemed unacceptable by the
applicant, the applicant may, by written request addressed
to the Vice President, Resource Stewardship, Tennessee
Valley Authority, P.O. Box 1589, 17 Ridgeway Road,
Norris, TN 37828-1589, and mailed within thirty (30)
days after receipt of the decision, obtain review of the
decision by the Vice President. If the Vice President,
either initially or as the result of an appeal, disapproves an
application or approves it with terms and conditions
deemed unacceptable by the applicant, the applicant may,
by written request addressed to the Board of Directors,
Tennessee Valley Authority, 400 W. Summit Hill Drive,
Knoxville, TN 37902, and mailed within thirty (30) days
after receipt of the decision, obtain review of the decision
by the Board. In either event, the request must contain a
signed representation that a copy of the written request for
review was mailed to each party of record at the same
time as it was mailed to TVA. A decision by the Vice
President is a prerequisite for seeking Board review.
There shall be no administrative appeal of a Board
decision approving or disapproving an application.
(c) A party of record at a hearing who is aggrieved or
adversely affected by any decision approving an
application may obtain review by the Board or by the Vice
President, as appropriate, of such decision by written
request prepared, addressed and mailed as provided in
paragraph (b) of this section.
(d) Requests for review by the Vice President shall
specify the reasons why it is contended that the
determination of the Vice President’s designee is in error.
(e) The applicant or other person requesting review and
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any party of record may submit additional written material
in support of their positions to the Vice President within
thirty (30) days after receipt by TVA of the request for
review. Following receipt of a request for review, the Vice
President will conduct such review as he or she deems
appropriate. If additional information is required of the
applicant or other person requesting the review, the Vice
President shall allow for at least thirty (30) days in which
to provide the additional information. At the conclusion of
the review, the Vice President shall render his or her
decision approving or disapproving the application.
(f) Requests for review by the Board shall specify the
reasons why it is contended that the Vice President’s
determination is in error and indicate whether a hearing is
requested.
(g) The applicant or other person requesting review and
any party of record may submit additional written material
in support of their positions to the Board within thirty (30)
days after receipt by TVA of the request for review.
Following receipt of a request for review, the Board will
review the material on which the Vice President’s
decision was based and any additional information
submitted by any party of record, or a summary thereof,
and may conduct or cause to be conducted such
investigation of the application as the Board deems
necessary or desirable. In the event the Board decides to
conduct an investigation, it shall appoint an Investigating
Officer. The Investigating Officer may be a TVA
employee, including a TVA Resource Stewardship
employee, or a person under contract to TVA, and shall
not have been directly and substantially involved in the
decision being appealed. The Investigating Officer shall
be the hearing officer for any hearing held during the
appeal process. At the conclusion of his or her
investigation, the Investigating Officer shall summarize
the results of the investigation in a written report to the
Board. The report shall be provided to all parties of record
and made part of the public record. Based on the review,
investigation, and written submissions provided for in this
paragraph, the Board shall render its decision approving
or disapproving the application.
(h) A written copy of the decision in any review
proceeding under this section, either by the Vice President
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or by the Board, shall be furnished to the applicant and to
all parties of record promptly following determination of
the matter.
§ 1304.7 Conditions of approvals
Approvals of applications shall contain such conditions as
are required by law and may contain such other general
and special conditions as TVA deems necessary or
desirable.
§ 1304.8 Denials
TVA may, at its sole discretion, deny any application to
construct, operate, conduct, or maintain any obstruction,
structure, facility, or activity that in TVA’s judgment
would be contrary to the unified development and
regulation of the Tennessee River system, would
adversely affect navigation, flood control, public lands or
reservations, the environment, or sensitive resources
(including, without limitation, federally listed threatened
or endangered species, high priority state-listed species,
wetlands with high function and value, archaeological or
historical sites of national significance, and other sites or
locations identified in TVA Reservoir Land Management
Plans as requiring protection of the environment), or
would be inconsistent with TVA’s Shoreline Management
Policy. In lieu of denial, TVA may require mitigation
measures where, in TVA’s sole judgment, such measures
would adequately protect against adverse effects.
§ 1304.9 Initiation of construction
A permit issued pursuant to this part shall expire unless
the applicant initiates construction within eighteen (18)
months after the date of issuance.
§ 1304.10 Change in ownership of approved facilities
or activities
(a) When there is a change in ownership of the land on
which a permitted facility or activity is located (or
ownership of the land which made the applicant eligible
for consideration to receive a permit when the facility or
activity is on TVA land), the new owner shall notify TVA
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within sixty (60) days. Upon application to TVA by the
new owner, the new owner may continue to use existing
facilities or carry out permitted activities pending TVA’s
decision on reissuance of the permit. TVA shall reissue
the permit upon determining that the facilities are in good
repair and are consistent with the standards in effect at the
time the permit was first issued.
(b) Subsequent owners are not required to modify existing
facilities constructed and maintained in accordance with
the standards in effect at the time the permit was first
issued provided they:
(1) Maintain such facilities in good repair; and
(2) Obtain TVA approval for any repairs that would alter
the size of the facility or for any new construction.
§ 1304.11 Little Tennessee River; date of formal
submission
As regards structures on the Little Tennessee River,
applications are deemed by TVA to be formally submitted
within the meaning of section 26a of the Act, on that date
upon which applicant has complied in good faith with all
applicable provisions of §1304.2.
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TVA: 26a Regulations: Houseboats
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Section 26a of the TVA Act
Regulations
Subpart B: Regulation of Nonnavigable Houseboats
Sections:
1304.100 Scope and intent
1304.101 Nonnavigable houseboats
1304.102 Numbering of nonnavigable houseboats and
transfer of ownership
1304.103 Approval of plans for structural modifications or
rebuilding of approved nonnavigable houseboats
Quick Index to 26a
Regulations
Summary
Subpart A: Procedures for
Approval
Subpart B: Nonnavigable
Houseboats
Subpart C: TVA Residential
Shoreland
Subpart D: Flowage
Easement Shoreland
Subpart E: Miscellaneous
Definitions
§ 1304.100 Scope and intent
This subpart prescribes regulations governing existing
nonnavigable houseboats that are moored, anchored, or
installed in TVA reservoirs. No new nonnavigable
houseboats shall be moored, anchored, or installed in any
TVA reservoir.
Main Index
§ 1304.101 Nonnavigable houseboats
(a) Any houseboat failing to comply with the following
criteria shall be deemed a nonnavigable houseboat and
may not be moored, anchored, installed, or operated in
any TVA reservoir except as provided in paragraph (b) of
this section:
(1) Built on a boat hull or on two or more pontoons;
(2) Equipped with a motor and rudder controls located at a
point on the houseboat from which there is forward
visibility over a 180-degree range;
(3) Compliant with all applicable state and federal
requirements relating to vessels;
(4) Registered as a vessel in the state of principal use; and
(5) State registration numbers clearly displayed on the
vessel.
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(b) Nonnavigable houseboats approved by TVA prior to
February 15, 1978, shall be deemed existing houseboats
and may remain on TVA reservoirs provided they remain
in compliance with the rules contained in this part. Such
houseboats shall be moored to mooring facilities
contained within the designated and approved harbor
limits of a commercial marina. Alternatively, provided the
owner has obtained written approval from TVA pursuant
to subpart A of this part authorizing mooring at such
location, nonnavigable houseboats may be moored to the
bank of the reservoir at locations where the owner of the
houseboat is the owner or lessee (or the licensee of such
owner or lessee) of the proposed mooring location, and at
locations described by §1304.201(a)(1), (2), and (3).
All nonnavigable houseboats must be moored in such a
manner as to:
(1) Avoid obstruction of or interference with navigation,
flood control, public lands or reservations;
(2) Avoid adverse effects on public lands or reservations;
(3) Prevent the preemption of public waters when moored
in permanent locations outside of the approved harbor
limits of commercial marinas;
(4) Protect land and landrights owned by the United States
alongside and subjacent to TVA reservoirs from trespass
and other unlawful and unreasonable uses; and
(5) Maintain, protect, and enhance the quality of the
human environment.
(c) All approved nonnavigable houseboats with toilets
must be equipped as follows with a properly installed and
operating Marine Sanitation Device (MSD) or Sewage
Holding Tank and pumpout capability:
(1) Nonnavigable houseboats moored on “Discharge
Lakes” must be equipped with a Type I or Type II MSD.
(2) Nonnavigable houseboats moored in: “No Discharge
Lakes” must be equipped with holding tanks and pumpout
capability. If a nonnavigable houseboat moored in a “No
Discharge Lake” is equipped with a Type I or Type II
MSD, it must be secured to prevent discharge into the
lake.
(d) Approved nonnavigable houseboats shall be
maintained in a good state of repair. Such houseboats may
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be structurally repaired or rebuilt without additional
approval from TVA, but any expansion in length, width,
or height is prohibited except as approved in writing by
TVA.
(e) All nonnavigable houseboats shall comply with the
requirements for flotation devices contained in §1304.400.
(f) Applications for mooring of a nonnavigable houseboat
outside of designated harbor limits will be disapproved if
TVA determines that the proposed mooring location
would be contrary to the intent of this subpart.
§ 1304.102 Numbering of nonnavigable houseboats
and transfer of ownership
(a) All approved nonnavigable houseboats shall display a
number assigned by TVA. The owner of the nonnavigable
houseboat shall paint or attach a facsimile of the number
on a readily visible part of the outside of the facility in
letters at least 3 inches high.
(b) The transferee of any nonnavigable houseboat
approved pursuant to the regulations in this subpart shall,
within thirty (30) days of the transfer transaction, report
the transfer to TVA.
(c) A nonnavigable houseboat moored at a location
approved pursuant to the regulations in this subpart shall
not be relocated and moored at a different location
without prior approval by TVA, except for movement to a
new location within the designated harbor limits of a
commercial dock or marina.
§ 1304.103 Approval of plans for structural
modifications or rebuilding of approved nonnavigable
houseboats
Plans for the structural modification, or rebuilding of an
approved nonnavigable houseboat shall be submitted to
TVA for review and approval in advance of any structural
modification which would increase the length, width,
height, or flotation of the structure.
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Section 26a of the TVA Act
Regulations
Subpart C: TVA-Owned Residential Access Shoreland
Sections:
1304.200 Scope and intent
1304.201 Applicability
1304.202 General sediment and erosion control provisions
1304.203 Vegetation management
1304.204 Docks, piers, and boathouses
1304.205 Other water-use facilities
1304.206 Requirements for community docks, piers,
boathouses, or other water-use facilities
1304.207 Channel excavation on TVA-owned residential
access shoreland
1304.208 Shoreline stabilization on TVA-owned
residential access shoreland
1304.209 Land-based structures/alterations
1304.210 Grandfathering of preexisting shoreland uses
and structures
1304.211 Change in ownership of grandfathered
structures or alterations
1304.212 Waivers
Quick Index to 26a
Regulations
Summary
Subpart A: Procedures for
Approval
Subpart B: Nonnavigable
Houseboats
Subpart C: TVA Residential
Shoreland
Subpart D: Flowage
Easement Shoreland
Subpart E: Miscellaneous
Definitions
Main Index
§ 1304.200 Scope and intent
Subpart C applies to residential water-use facilities,
specifically the construction of docks, piers, boathouses
(fixed and floating), retaining walls, and other structures
and alterations, including channel excavation and
vegetation management, on or along TVA-owned
residential access shoreland. TVA manages the TVAowned residential access shoreland to conserve, protect,
and enhance shoreland resources, while providing
reasonable access to the water of the reservoir by
qualifying adjacent residents.
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§ 1304.201 Applicability
This subpart addresses residential-related (all private,
noncommercial uses) construction activities along and
across shoreland property owned by the United States and
under the custody and control of TVA. Individual
residential landowners wishing to construct facilities,
clear vegetation and/or maintain an access corridor on
adjacent TVA-owned lands are required to apply for and
obtain a permit from TVA before conducting any such
activities.
(a) This subpart applies to the following TVA-reservoir
shoreland classifications:
(1) TVA-owned shorelands over which the adjacent
residential landowner holds rights of ingress and egress to
the water (except where a particular activity is specifically
excluded by an applicable real estate document),
including, at TVA’s discretion, cases where the applicant
owns access rights across adjoining private property that
borders on and benefits from rights of ingress and egress
across TVA-owned shoreland.
(2) TVA-owned shorelands designated in current TVA
Reservoir Land Management Plans as open for
consideration of residential development; and
(3) On reservoirs not having a current approved TVA
Reservoir Land Management Plan at the time of
application, TVA-owned shorelands designated in TVA’s
property forecast system as “reservoir operations
property,” identified in a subdivision plat recorded prior to
September 24, 1992, and containing at least one water-use
facility developed prior to September 24, 1992.
(b) Construction of structures, access corridors, and
vegetation management activities by owners of adjacent
upland residential property shall not be allowed on any
TVA-owned lands other than those described in one or
more of the classifications identified in paragraph (a) of
this section.
(c) Flowage easement shoreland. Except as otherwise
specifically provided in subpart D of this part, subpart C
does not apply to shoreland where TVA’s property
interest is ownership of a flowage easement. The terms of
the particular flowage easement and subparts A, B, D, and
E of this part govern the use of such property.
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§ 1304.202 General sediment and erosion control
provisions
(a) During construction activities, TVA shall require that
appropriate erosion and sediment control measures be
utilized to prevent pollution of the waters of the reservoir.
(b) All material which accumulates behind sediment
control structures must be removed from TVA land and
placed at an upland site above the 100-year floodplain
elevation or the Flood Risk Profile Elevation (whichever
is applicable).
(c) Disturbed sites must be promptly stabilized with
seeding, vegetative planting, erosion control netting,
and/or mulch material.
§ 1304.203 Vegetation management
No vegetation management shall be approved on TVAowned Residential Access Shoreland until a Vegetation
Management Plan meeting the vegetation management
standards contained in this section is submitted to and
approved by TVA.
(a) Except for the mowing of lawns established and
existing before November 1, 1999, all vegetation
management activities on TVA-owned property subject to
this subpart (including all such activities described in
paragraphs (b) through (m) of this section as “allowed”
and all activities undertaken in connection with a section
26a permit obtained before September 8, 2003 require
TVA’s advance written permission. Special site
circumstances such as the presence of wetlands may result
in a requirement for mitigative measures or alternative
vegetation management approaches.
(b) Vegetation may be cleared to create and maintain an
access corridor up to but not exceeding 20 feet wide. The
corridor will extend from the common boundary between
TVA and the adjacent landowner to the water-use facility.
(c) The access corridor will be located to minimize
removal of trees or other vegetation on the TVA land.
(d) Grass may be planted and mowed within the access
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corridor, and stone, brick, concrete, mulch, or wooden
paths, walkways and/or steps are allowed. Pruning of side
limbs that extend into the access corridor from trees
located outside the access corridor is allowed.
(e) A 50-foot-deep shoreline management zone (SMZ)
shall be designated by TVA on TVA property; provided,
however, that where TVA ownership is insufficient to
establish a 50-foot deep SMZ, the SMZ shall consist only
of all of the TVA land at the location (private land shall
not be included within the SMZ). Within the SMZ, no
trees may be cut or vegetation removed, except that which
is preapproved by TVA within the access corridor.
(f) Within the 50-foot SMZ and elsewhere on TVA land
as defined in §1304.201, clearing of specified understory
plants (poison ivy, Japanese honeysuckle, kudzu, and
other exotic plants on a list provided by TVA) is allowed
(g) On TVA land situated above the SMZ, selective
thinning of trees or other vegetation under 3 inches in
diameter at the ground level is allowed.
(h) Removal of trees outside of the access corridor but
within the SMZ may be approved to make the site suitable
for approved shoreline erosion control projects.
(i) Vegetation removed for erosion control projects must
be replaced with native species of vegetation.
(j) The forest floor must be left undisturbed, except as
specified in this section. Mowing is allowed only within
the access corridor.
(k) Planting of trees, shrubs, wildflowers, native grasses,
and ground covers within the SMZ is allowed to create,
improve, or enhance the vegetative cover, provided native
plants are used.
(l) Fertilizers and herbicides shall not be applied within
the SMZ or elsewhere on TVA land, except as specifically
approved in the Vegetative Management Plan.
(m) Restricted use herbicides and pesticides shall not be
applied on TVA-owned shoreland except by a State
certified applicator. All herbicides and pesticides shall be
applied in accordance with label requirements.
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§ 1304.204 Docks, piers, and boathouses
Applicants are responsible for submitting plans for
proposed docks, piers, and boathouses that conform to the
size standards specified in this section. Where and if site
constraints at the proposed construction location preclude
a structure of the maximum size, TVA shall determine the
size of facility that may be approved. Applicants are
required to submit accurate drawings with dimensions of
all proposed facilities.
(a) Docks, piers, boathouses, and all other residential
water-use facilities shall not exceed a total footprint area
of greater than 1000 square feet.
(b) Docks, boatslips, piers, and fixed or floating
boathouses are allowable. These and other water-use
facilities associated with a lot must be sited within a 1000square-foot rectangular or square area at the lakeward end
of the access walkway that extends from the shore to the
structure. Access walkways to the water-use structure are
not included in calculating the 1000-foot area.
(c) Docks and walkway(s) shall not extend more than 150
feet from the shoreline, or more than one-third the
distance to the opposite shoreline, whichever is less.
(d) All fixed piers and docks on Pickwick, Wilson,
Wheeler, Guntersville, and Nickajack Reservoirs shall
have deck elevations at least 18 inches above full summer
pool level; facilities on all other reservoirs, shall be a
minimum of 24 inches above full summer pool.
(e) All docks, piers, and other water-use facilities must be
attached to the shore with a single walkway which must
connect from land to the structure by the most direct route
and must adjoin the access corridor.
f) Docks, piers, and boathouses may be fixed or floating
or a combination of the two types.
(g) Roofs are allowed on boatslips, except on Kentucky
Reservoir where roofs are not allowed on fixed structures
due to extreme water level fluctuations. Roofs over docks
or piers to provide shade are allowed on all reservoirs.
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(h) Docks proposed in subdivisions recorded after
November 1, 1999, must be placed at least 50 feet from
the neighbors’ docks. When this density requirement
cannot be met, TVA may require group or community
facilities.
(i) Where the applicant owns or controls less than 50 feet
of property adjoining TVA shoreline, the overall width of
the facilities permitted along the shore shall be limited to
ensure sufficient space to accommodate other property
owners.
(j) Covered boatslips may be open or enclosed with
siding.
(k) Access walkways constructed over water and internal
walkways inside of boathouses shall not exceed 6 feet in
width.
(l) Enclosed space shall be used solely for storage of
water-use equipment. The outside dimensions of any
completely enclosed storage space shall not exceed 32
square feet and must be located on an approved dock, pier,
or boathouse.
(m) Docks, piers, and boathouses shall not contain living
space or sleeping areas. Floor space shall not be
considered enclosed if three of the four walls are
constructed of wire or screen mesh from floor to ceiling,
and the wire or screen mesh leaves the interior of the
structure open to the weather.
(n) Except for nonnavigable houseboats approved in
accordance with subpart B, toilets and sinks are not
permitted on water-use facilities.
(o) Covered docks, boatslips, and boathouses shall not
exceed one story in height.
(p) Second stories on covered docks, piers, boatslips, or
boathouses may be constructed as open decks with railing,
but shall not be covered by a roof or enclosed with siding
or screening, or covered by a roof.
(q) In congested areas or in other circumstances deemed
appropriate by TVA, TVA may require an applicant’s
dock, pier, or boathouse to be located on an area of TVA
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shoreline not directly fronting the applicant’s property.
§ 1304.205 Other water-use facilities
(a) A marine railway or concrete boat launching ramp
with associated driveway may be located within the access
corridor. Construction must occur during reservoir
drawdown. Excavated material must be placed at an
upland site. Use of concrete is allowable; asphalt is not
permitted.
(b) Tables or benches for cleaning fish are permitted on
docks or piers.
(c) All anchoring cables or spud poles must be anchored
to the walkway or to the ground in a way that will not
accelerate shoreline erosion. Anchoring of cables, chains,
or poles to trees on TVA property is not permitted.
(d) Electrical appliances such as stoves, refrigerators,
freezers, and microwave ovens are not permitted on
docks, piers, or boathouses.
(e) Mooring buoys/posts may be permitted provided the
following requirements are met.
(1) Posts and buoys shall be placed in such a manner that
in TVA’s judgment they would not create a navigation
hazard.
(2) Mooring posts must be a minimum 48 inches in height
above the full summer pool elevation of the reservoir or
higher as required by TVA.
(3) Buoys must conform to the Uniform State Waterway
Marking system.
(f) Structures shall not be wider than the width of the lot.
(g) In congested areas, TVA may establish special permit
conditions requiring dry-docking of floating structures
when a reservoir reaches a specific drawdown elevation to
prevent these structures from interfering with navigation
traffic, recreational boating access, or adjacent structures
during winter drawdown.
(h) Closed loop heat exchanges for residential heat pump
application may be approved provided they are installed
five feet below minimum winter water elevation and they
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utilize propylene glycol or water. All land-based pipes
must be buried within the access corridor.
§ 1304.206 Requirements for community docks, piers,
boathouses, or other water-use facilities
(a) Community facilities where individual facilities are
not allowed:
(1) TVA may limit water-use facilities to community
facilities where physical or environmental constraints
preclude approval of individual docks, piers, or
boathouses.
(2) When individual water-use facilities are not allowed,
no more than one slip for each qualified applicant will be
approved for any community facility. TVA shall
determine the location of the facility and the named
permittees, taking into consideration the preferences of the
qualified applicants and such other factors as TVA
determines to be appropriate.
(3) In narrow coves or other situations where shoreline
frontage is limited, shoreline development may be limited
to one landing dock for temporary moorage of boats not to
exceed the 1000-square-foot footprint requirement, and/or
a boat launching ramp, if the site, in TVA’s judgment,
will accommodate such development.
(b) Private and community facilities at jointly-owned
community outlots:
(1) Applications for private or community facilities to be
constructed at a jointly-owned community outlot must be
submitted either with 100 percent concurrence of all coowners of such lot, or with concurrence of the authorized
representatives of a state-chartered homeowners
association with the authority to manage the common lot
on behalf of all persons having an interest in such lot. If
the community facility will serve five or more other lots,
the application must be submitted by the authorized
representatives of such an association. TVA considers an
association to have the necessary authority to manage the
common lot if all co-owners are eligible for membership
in the association and a majority are members. TVA may
request the association to provide satisfactory evidence of
its authority.
(2) Size and number of slips at community water-use
facilities lots shall be determined by TVA with
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consideration of the following:
(i) Size of community outlot;
(ii) Parking accommodations on the
community outlot;
(iii) Length of shoreline frontage associated
with the community outlot;
(iv) Number of property owners having the
right to use the community outlot;
(v) Water depths fronting the community lot;
(vi) Commercial and private vessel
navigation uses and restrictions in the vicinity
of the community lot;
(vii) Recreational carrying capacity for waterbased activities in the vicinity of the
community lot, and
(viii) Other site specific conditions and
considerations as determined by TVA.
(3) Vegetation management shall be in accordance with
the requirements of §1304.203 except that, at TVA’s
discretion, the community access corridor may exceed 20
feet in width, and thinning of vegetation outside of the
corridor within or beyond the SMZ may be allowed to
enhance views of the reservoir.
(c) TVA may approve community facilities that are
greater in size than 1000 square feet. In such
circumstances, TVA also may establish harbor limits.
§ 1304.207 Channel excavation on TVA-owned
residential access shoreland
(a) Excavation of individual boat channels shall be
approved only when TVA determines there is no other
practicable alternative to achieving sufficient navigable
water depth and the action would not substantially impact
sensitive resources.
(b) No more than 150 cubic yards of material shall be
removed for any individual boat channel.
(c) The length, width, and depth of approved boat
channels shall not exceed the dimensions necessary to
achieve 3-foot water depths for navigation of the vessel at
the minimum winter water elevation.
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(d) Each side of the channel shall have a slope ratio of at
least 3:1.
(e) Only one boat channel or harbor may be considered for
each abutting property owner.
(f) The grade of the channel must allow drainage of water
during reservoir drawdown periods.
(g) Channel excavations must be accomplished during the
reservoir drawdown when the reservoir bottom is exposed
and dry.
(h) Spoil material from channel excavations must be
placed in accordance with any applicable local, state, and
federal regulations at an upland site above the TVA Flood
Risk Profile elevation. For those reservoirs that have no
flood control storage, dredge spoil must be disposed of
and stabilized above the limits of the 100-year floodplain
and off of TVA property.
§ 1304.208 Shoreline stabilization on TVA-owned
residential access shoreland
TVA may issue permits allowing adjacent residential
landowners to stabilize eroding shorelines on TVA-owned
residential access shoreland. TVA will determine if
shoreline erosion is sufficient to approve the proposed
stabilization treatment.
(a) Biostabilization of eroded shorelines.
(1) Moderate contouring of the bank may be allowed to
provide conditions suitable for planting of vegetation.
(2) Tightly bound bundles of coconut fiber, logs, or other
natural materials may be placed at the base of the eroded
site to deflect waves.
(3) Willow stakes and bundles and live cuttings of suitable
native plant materials may be planted along the surface of
the eroded area.
(4) Native vegetation may be planted within the shoreline
management zone to help minimize further erosion.
(5) Riprap may be allowed along the base of the eroded
area to prevent further undercutting of the bank.
(b) Use of gabions and riprap to stabilize eroded
shorelines.
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(1) The riprap material must be quarry-run stone, natural
stone, or other material approved by TVA.
(2) Rubber tires, concrete rubble, or other debris salvaged
from construction sites shall not be used to stabilize
shorelines.
(3) Gabions (rock wrapped with wire mesh) that are
commercially manufactured for erosion control may be
used.
(4) Riprap material must be placed so as to follow the
existing contour of the bank.
(5) Site preparation must be limited to the work necessary
to obtain adequate slope and stability of the riprap
material.
(c) Use of retaining walls for shoreline stabilization.
(1) Retaining walls shall be allowed only where the
erosion process is severe and TVA determines that a
retaining wall is the most effective erosion control option
or where the proposed wall would connect to an existing
TVA-approved wall on the lot or to an adjacent owner’s
TVA-approved wall.
(2) The retaining wall must be constructed of stone,
concrete blocks, poured concrete, gabions, or other
materials acceptable to TVA. Railroad ties, rubber tires,
broken concrete (unless determined by TVA to be of
adequate size and integrity), brick, creosote timbers, and
asphalt are not allowed.
(3) Reclamation of land that has been lost to erosion is not
allowed.
(4) The base of the retaining wall shall not be located
more than an average of two horizontal feet lakeward of
the existing full summer pool water. Riprap shall be
placed at least two feet in depth along the footer of the
retaining wall to deflect wave action and reduce
undercutting that could eventually damage the retaining
wall.
§ 1304.209 Land-based structures/alterations
(a) Except for steps, pathways, boat launching ramps,
marine railways located in the access corridor, bank
stabilization along the shoreline, and other uses described
in this subpart, no permanent structures, fills or grading
shall be allowed on TVA land.
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(b) Portable items such as picnic tables and hammocks
may be placed on TVA land; permanent land-based
structures and facilities such as picnic pavilions, gazebos,
satellite antennas, septic tanks, and septic drainfields shall
not be allowed on TVA land.
(c) Utility lines (electric, water-intake lines, etc.) may be
placed within the access corridor as follows:
(1) Power lines, poles, electrical panel, and wiring must be
installed:
(i) In a way that would not be hazardous to
the public or interfere with TVA operations;
(ii) Solely to serve water-use facilities, and
(iii) In compliance with all State and local
electrical codes (satisfactory evidence of
compliance to be provided to TVA upon
request).
(2) Electrical service must be installed with an electrical
disconnect that is:
(i) Located above the 500-year floodplain or
the flood risk profile, whichever is higher,
and
(ii) Is accessible during flood events.
TVA’s issuance of a permit does not mean that TVA has
determined the facilities are safe for any purpose or that
TVA has any duty to make such a determination.
(d) Fences crossing TVA residential access shoreland may
be considered only where outstanding agricultural rights
or fencing rights exist and the land is used for agricultural
purposes. Fences must have a built-in means for easy
pedestrian passage by the public and they must be clearly
marked.
§ 1304.210 Grandfathering of preexisting shoreland
uses and structures
In order to provide for a smooth transition to new
standards, grandfathering provisions shall apply as
follows to preexisting development and shoreland uses
established prior to November 1, 1999, which are located
along or adjoin TVA-owned access residential shoreland.
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(a) Existing shoreline structures (docks, retaining walls,
etc.) previously permitted by TVA are grandfathered.
(b) Grandfathered structures may continue to be
maintained in accordance with previous permit
requirements, and TVA does not require modification to
conform to new standards.
(c) If a permitted structure is destroyed by fire or storms,
the permit shall be reissued if the replacement facility is
rebuilt to specifications originally permitted by TVA.
(d) Vegetation management at grandfathered
developments shall be as follows:
(1) Mowing of lawns established on TVA-owned
residential access shoreland prior to November 1, 1999,
may be continued without regard to whether the lawn uses
are authorized by a TVA permit.
(2) At sites where mowing of lawns established prior to
November 1, 1999, is not specifically included as an
authorized use in an existing permit, TVA will include
mowing as a permitted use in the next permit action at that
site.
(3) The SMZ is not required where established lawns
existed prior to November 1, 1999.
(4) Any additional removal of trees or other vegetation
(except for mowing of lawns established prior to
November 1, 1999) requires TVA’s approval in
accordance with §1304.203. Removal of trees greater than
3 inches diameter at ground level is not allowed.
§ 1304.211 Change in ownership of grandfathered
structures or alterations
(a) When ownership of a permitted structure or other
shoreline alteration changes, the new owner shall comply
with §1304.10 regarding notice to TVA.
(b) The new owner may, upon application to TVA for a
permit, continue to use existing permitted docks and other
shoreline alterations pending TVA action on the
application.
(c) Subsequent owners are not required to modify to new
standards existing shoreline alterations constructed and
maintained in accordance with the standards in effect at
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the time the previous permit was first issued, and they
may continue mowing established lawns that existed prior
to November 1, 1999.
(d) New owners wishing to continue existing
grandfathered activities and structures must:
(1) Maintain existing permitted docks, piers, boathouses,
and other shoreline structures in good repair.
(2) Obtain TVA approval for any repairs that would alter
the size of the facility, for any new construction, or for
removal of trees or other vegetation (except for mowing
of lawns established prior to November 1, 1999).
§ 1304.212 Waivers
(a) Waivers of standards contained in this subpart may be
requested when the following minimum criteria are
established:
(1) The property is within a preexisting development (an
area where shoreline development existed prior to
November 1, 1999); and
(2) The proposed shoreline alterations are compatible with
surrounding permitted structures and uses within the
subdivision or, if there is no subdivision, within the
immediate vicinity (one-fourth mile radius).
(b) In approving waivers of the standards of this subpart
C, TVA will consider the following:
(1) The prevailing permitted practices within the
subdivision or immediate vicinity; and
(2) The uses permitted under the guidelines followed by
TVA before November 1, 1999.
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Section 26a of the TVA Act
Regulations
Subpart D: Activities on TVA Flowage Easement Shoreland
Sections:
1304.300 Scope and intent
1304.301 Utilities
1304.302 Vegetation management on flowage easement
shoreland
1304.303 Channel excavation
§ 1304.300 Scope and intent
Any structure built upon land subject to a flowage
easement held by TVA shall be deemed an obstruction
affecting navigation, flood control, or public lands or
reservations within the meaning of section 26a of the Act.
Such obstructions shall be subject to all requirements of
this part except those contained in subpart C of this part,
which shall apply as follows:
Quick Index to 26a
Regulations
Summary
Subpart A: Procedures for
Approval
Subpart B: Nonnavigable
Houseboats
Subpart C: TVA Residential
Shoreland
Subpart D: Flowage
Easement Shoreland
Subpart E: Miscellaneous
Definitions
Main Index
(a) All of §1304.212 shall apply.
(b) Sections 1304.200, 1304.203, 1304.207, and 1304.209
shall not apply.
(c) Section 1304.201 shall not apply except for paragraph
(c).
(d) Section 1304.202 shall apply except that TVA shall
determine on a case-by-case basis whether it is necessary
to remove materials accumulated behind sediment control
structures to an upland site.
(e) Section 1304.204 shall apply except that the “50 feet”
trigger of paragraph (i) shall not apply. TVA may impose
appropriate requirements to ensure accommodation of
neighboring landowners.
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(f) Section 1304.205 shall apply except that the facilities
described in paragraph (a) are not limited to locations
within an access corridor.
(g) Section 1304.206 shall apply except for paragraph (b)
(3).
(h) Section 1304.208 shall apply except that TVA
approval shall not be required to conduct the activities
described in paragraph (a).
(i) Section 1304.210 shall apply except for paragraph (d).
(j) Section 1304.211 shall apply except to the extent that it
would restrict mowing or other vegetation management.
Nothing contained in this part shall be construed to be in
derogation of the rights of the United States or of TVA
under any flowage easement held by the United States or
TVA.
§ 1304.301 Utilities
Upon application to and approval by TVA, utility lines
(electric, water-intake lines, etc.) may be placed within the
flowage easement area as follows:
(a) Power lines, poles, electrical panels, and wiring shall
be installed:
(1) In a way that would not be hazardous to the public or
interfere with TVA operations; and
(2) In compliance with all State and local electrical codes
(satisfactory evidence of compliance to be provided to
TVA upon request).
(b) Electrical service shall be installed with an electrical
disconnect that is located above the 500-year floodplain or
the flood risk profile, whichever is higher, and is
accessible during flood events.
TVA’s issuance of a permit does not mean that TVA has
determined the facilities are safe for any purpose or that
TVA has any duty to make such a determination.
§ 1304.302 Vegetation management on flowage
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easement shoreland
Removal, modification, or establishment of vegetation on
privately owned shoreland subject to a TVA flowage
easements does not require approval by TVA. When
reviewing proposals for docks or other obstructions on
flowage easement shoreland, TVA shall consider the
potential for impacts to sensitive plants or other resources
and may establish conditions in its approval of a proposal
to avoid or minimize such impacts consistent with
applicable laws and executive orders.
§ 1304.303 Channel excavation
(a) Channel excavation of privately owned reservoir
bottom subject to a TVA flowage easement does not
require approval by TVA under section 26a if:
(1) All dredged material is placed above the limits of the
100-year floodplain or the TVA flood risk profile
elevation, whichever is applicable, and
(2) The dredging is not being accomplished in conjunction
with the construction of a structure requiring a section 26a
permit.
(b) Any fill material placed within the flood control zone
of a TVA reservoir requires TVA review and approval.
(c) TVA shall encourage owners of flowage easement
property to adopt the standards for channel excavation
applicable to TVA-owned residential access shoreland.
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Section 26a of the TVA Act
Regulations
Subpart E: Miscellaneous
Sections:
1304.400 Flotation devices and material, all floating
structures.
1304.401 Marine sanitation devices
1304.402 Wastewater outfalls
1304.403 Marina sewage pump-out stations and holding
tanks.
1304.404 Commercial marina harbor limits.
1304.405 Fuel storage tanks and handling facilities.
1304.406 Removal of unauthorized, unsafe, and derelict
structures or facilities.
1304.407 Development within flood control storage zones
of TVA reservoirs.
1304.408 Variances.
1304.409 Indefinite or temporary moorage of recreational
vessels
1304.410 Navigation restrictions
1304.411 Fish attractor, spawning, and habitat structures
1304.412 Definitions (links to a separate page)
Quick Index to 26a
Regulations
Summary
Subpart A: Procedures for
Approval
Subpart B: Nonnavigable
Houseboats
Subpart C: TVA Residential
Shoreland
Subpart D: Flowage
Easement Shoreland
Subpart E: Miscellaneous
Definitions
Main Index
§ 1304.400 Flotation devices and material, all floating
structures
(a) All flotation for docks, boat mooring buoys, and other
water-use structures and facilities, shall be of materials
commercially manufactured for marine use. Flotation
materials shall be fabricated so as not to become waterlogged, crack, peel, fragment, or be subject to loss of
beads. Flotation materials shall be resistant to puncture,
penetration, damage by animals, and fire. Any flotation
within 40 feet of a line carrying fuel shall be 100 percent
impervious to water and fuel. Styrofoam floatation must
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be fully encased. Reuse of plastic, metal, or other
previously used drums or containers for encasement or
flotation purpose is prohibited, except as provided in
paragraph (c) of this section for certain metal drums
already in use. Existing flotation (secured in place prior to
September 8, 2003) in compliance with previous rules is
authorized until in TVA’s judgment the flotation is no
longer serviceable, at which time it shall be replaced with
approved flotation upon notification from TVA. For any
float installed after September 8, 2003, repair or
replacement is required when it no longer performs its
designated function or exhibits any of the conditions
prohibited by this subpart.
(b) Because of the possible release of toxic or polluting
substances, and the hazard to navigation from metal
drums that become partially filled with water and escape
from docks, boathouses, houseboats, floats, and other
water-use structures and facilities for which they are used
for flotation, the use of metal drums in any form, except
as authorized in paragraph (c) of this section, for flotation
of any facilities is prohibited.
(c) Only metal drums which have been filled with plastic
foam or other solid flotation materials and welded,
strapped, or otherwise firmly secured in place prior to July
1, 1972, on existing facilities are permitted. Replacement
of any metal drum flotation permitted to be used by this
paragraph must be with a commercially manufactured
flotation device or material specifically designed for
marine applications (for example, pontoons, boat hulls, or
other buoyancy devices made of steel, aluminum,
fiberglass, or plastic foam, as provided for in paragraph
(a) of this section).
(d) Every flotation device employed in the Tennessee
River system must be firmly and securely affixed to the
structure it supports with materials capable of
withstanding prolonged exposure to wave wash and
weather conditions.
§ 1304.401 Marine sanitation devices
No person operating a commercial boat dock permitted
under this part shall allow the mooring at such permitted
facility of any watercraft or floating structure equipped
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with a marine sanitation device (MSD) unless such MSD
is in compliance with all applicable statutes and
regulations, including the FWPCA and regulations issued
thereunder, and, where applicable, statutes and regulations
governing “no discharge” zones.
§ 1304.402 Wastewater outfalls
Applicants for a wastewater outfall shall provide copies of
all federal, state, and local permits, licenses, and approvals
required for the facility prior to applying for TVA
approval, or shall concurrently with the TVA application
apply for such approvals. A section 26a permit shall not
be issued until other required water quality approvals are
obtained, and TVA reserves the right to impose additional
requirements.
§ 1304.403 Marina sewage pump-out stations and
holding tanks
All pump-out facilities constructed after September 8,
2003, shall meet the following minimum design and
operating requirements:
(a) Spill-proof connection with shipboard holding tanks;
(b) Suction controls or vacuum breaker capable of
limiting suction to such levels as will avoid collapse of
rigid holding tanks;
(c) Available fresh water facilities for tank flushing;
(d) Check valve and positive cut-off or other device to
preclude spillage when breaking connection with vessel
being severed;
(e) Adequate interim storage where storage is necessary
before transfer to approved treatment facilities;
(f) No overflow outlet capable of discharging effluent into
the reservoir;
(g) Alarm system adequate to notify the operator when the
holding tank is full;
(h) Convenient access to holding tanks and piping system
for purposes of inspection;
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(i) Spill-proof features adequate for transfer of sewage
from all movable floating pump-out facilities to shorebased treatment plants or intermediate transfer facilities;
(j) A reliable disposal method consisting of:
(1) An approved upland septic system that meets TVA,
State, and local requirements; or
(2) Proof of a contract with a sewage disposal contractor;
and
(k) A written statement to TVA certifying that the system
shall be operated and maintained in such a way as to
prevent any discharge or seepage of wastewater or sewage
into the reservoir.
§ 1304.404 Commercial marina harbor limits
The landward limits of commercial marina harbor areas
are determined by the extent of land rights held by the
dock operator. The lakeward limits of harbors at
commercial marinas will be designated by TVA on the
basis of the size and extent of facilities at the dock,
navigation and flood control requirements, optimum use
of lands and land rights owned by the United States,
carrying capacity of the reservoir area in the vicinity of
the marina, and on the basis of the environmental effects
associated with the use of the harbor. Mooring buoys,
slips, breakwaters, and permanent anchoring are
prohibited beyond the lakeward extent of harbor limits.
TVA may, at its discretion, reconfigure harbor limits
based on changes in circumstances, including but not
limited to, changes in the ownership of the land base
supporting the marina.
§ 1304.405 Fuel storage tanks and handling facilities
Fuel storage tanks and handling facilities are generally
either underground (UST) or aboveground (AST) storage
tank systems. An UST is any one or combination of tanks
or tank systems defined in applicable federal or state
regulations as an UST. Typically (unless otherwise
provided by applicable federal or state rules), an UST is
used to contain a regulated substance (such as a petroleum
product) and has 10 percent or more of its total volume
beneath the surface of the ground. The total volume
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includes any piping used in the system. An UST may be a
buried tank, or an aboveground tank with buried piping if
the piping holds 10 percent or more of the total system
volume including the tank. For purposes of this part, an
aboveground storage tank (AST) is any storage tank
whose total volume (piping and tank) is less than 10
percent underground or any storage tank defined by
applicable law or regulation as an AST.
(a) TVA requires the following to be included in all
applications submitted after September 8, 2003, to install
an UST or any part of an UST system below the 500-year
flood elevation on a TVA reservoir, or regulated tailwater:
(1) A copy of the state approval for the UST along with a
copy of the application sent to the state and any plans or
drawings that were submitted for the state’s review;
(2) Evidence of secondary containment for all piping or
other systems associated with the UST;
(3) Evidence of secondary containment to contain leaks
from gas pumps(s);
(4) Calculations certified by a licensed, professional
engineer in the relevant state showing how the tank will
be anchored so that it does not float during flooding; and
(5) Evidence, where applicable, that the applicant has
complied with all spill prevention, control and
countermeasures (SPCC) requirements.
(b) The applicant must accept and sign a document stating
that the applicant shall at all times be the owner of the
UST system, that TVA shall have the right (but no duty)
to prevent or remedy pollution or violations of law,
including removal of the UST system, with costs charged
to the applicant, that the applicant shall at all times
maintain and operate the UST system in full compliance
with applicable federal, state, and local UST regulations,
and that the applicant shall maintain eligibility in any
applicable state trust fund.
(c) An application to install an AST or any part of an AST
system below the 500-year elevation on a TVA reservoir
or a regulated tailwater is subject to all of the
requirements of §1304.405 (a) and (b) except that
paragraph (a)(1) shall not apply in states that do not
require application or approval for installation of an AST.
Eligibility must be maintained for any applicable AST
trust fund, and the system must be maintained and
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operated in accordance with any applicable AST
regulations. The applicant must notify and obtain any
required documents or permission from the state fire
marshal’s office prior to installation of the AST. The
applicant must also follow the National Fire Protection
Association Codes 30 and 30A for installation and
maintenance of flammable and combustible liquids
storage tanks at marine service stations.
(d) Fuel handling on private, non-commercial docks and
piers. TVA will not approve the installation, operation, or
maintenance of fuel handling facilities on any private,
non-commercial dock or pier.
(e) Floating fuel handling facilities. TVA will not approve
the installation of any floating fuel handling facility or
fuel storage tank.
(f) Demonstration of financial responsibility. Applicants
for a fuel handling facility to be located in whole or in part
on TVA land shall be required to provide TVA, in a form
and amount acceptable to TVA, a surety bond, irrevocable
letter of credit, pollution liability insurance, or other
evidence of financial responsibility in the event of a
release.
§ 1304.406 Removal of unauthorized, unsafe, and
derelict structures or facilities
If, at any time, any dock, wharf, boathouse (fixed or
floating), nonnavigable houseboat, outfall, aerial cable, or
other fixed or floating structure or facility (including any
navigable boat or vessel that has become deteriorated and
is a potential navigation hazard or impediment to flood
control) is anchored, installed, constructed, or moored in a
manner inconsistent with this part, or is not constructed in
accordance with plans approved by TVA, or is not
maintained or operated so as to remain in accordance with
this part and such plans, or is not kept in a good state of
repair and in good, safe, and substantial condition, and the
owner or operator thereof fails to repair or remove such
structure (or operate or maintain it in accordance with
such plans) within ninety (90) days after written notice
from TVA to do so, TVA may cancel any license, permit,
or approval and remove such structure, and/or cause it to
be removed, from the Tennessee River system and/or
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lands in the custody or control of TVA.
Such written notice may be given by mailing a copy
thereof to the owner’s address as listed on the license,
permit, or approval or by posting a copy on the structure
or facility. TVA may remove or cause to be removed any
such structure or facility anchored, installed, constructed,
or moored without such license, permit, or approval,
whether such license or approval has once been obtained
and subsequently canceled, or whether it has never been
obtained. TVA’s removal costs shall be charged to the
owner of the structure, and payment of such costs shall be
a condition of approval for any future facility proposed to
serve the tract of land at issue or any tract derived
therefrom whether or not the current owner caused such
charges to be incurred.
In addition, any applicant with an outstanding removal
charge payable to TVA shall, until such time as the charge
be paid in full, be ineligible to receive a permit or
approval from TVA for any facility located anywhere
along or in the Tennessee River or its tributaries. TVA
shall not be responsible for the loss of property associated
with the removal of any such structure or facility
including, without limitation, the loss of any navigable
boat or vessel moored at such a facility. Any costs
voluntarily incurred by TVA to protect and store such
property shall be removal costs within the meaning of this
section, and TVA may sell such property and apply the
proceeds toward any and all of its removal costs. Small
businesses seeking expedited consideration of the
economic impact of actions under this section may contact
TVA’s Supplier and Diverse Business Relations staff,
TVA Procurement, 1101 Market Street, Chattanooga,
Tennessee 37402-2801.
§ 1304.407 Development within flood control storage
zones of TVA reservoirs
(a) Activities involving development within the flood
control storage zone on TVA reservoirs will be reviewed
to determine if the proposed activity qualifies as a
repetitive action. Under TVA’s implementation of
Executive Order 11988, Floodplain Management,
repetitive actions are projects within a class of actions
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TVA has determined to be approvable without further
review and documentation related to flood control storage,
provided the loss of flood control storage caused by the
project does not exceed one acre-foot. A partial list of
repetitive actions includes:
(1) Private and public water-use facilities;
(2) Commercial recreation boat dock and water-use
facilities;
(3) Water intake structures;
(4) Outfalls;
(5) Mooring and loading facilities for barge terminals;
(6) Minor grading and fills; and
(7) Bridges and culverts for pedestrian, highway, and
railroad crossings.
(b) Projects resulting in flood storage loss in excess of one
acre-foot will not be considered repetitive actions.
(c) For projects not qualifying as repetitive actions, the
applicant shall be required, as appropriate, to evaluate
alternatives to the placement of fill or the construction of a
project within the flood control storage zone that would
result in lost flood control storage. The alternative
evaluation would either identify a better option or support
and document that there is no reasonable alternative to the
loss of flood control storage. If this determination can be
made, the applicant must then demonstrate how the loss of
flood control storage will be minimized.
(1) In addition, documentation shall be provided regarding
(i) The amount of anticipated flood control
storage loss;
(ii) The cost of compensation of the displaced
flood control storage (how much it would
cost to excavate material from the flood
control storage zone, haul it to an upland site
and dispose of it);
(iii) The cost of mitigation of the displaced
flood control storage (how much it would
cost to excavate material from another site
within the flood control storage zone, haul it
to the project site and use as the fill material);
(iv) The cost of the project; and
(v) The nature and significance of any
economic and/or natural resource benefits
that would be realized as a result of the
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project.
(2) TVA may, in its discretion, decline to permit any
project that would result in the loss of flood control
storage.
(d) Recreational vehicles parked or placed within flood
control storage zones of TVA reservoirs shall be deemed
an obstruction affecting navigation, flood control, or
public lands or reservations within the meaning of section
26a of the Act unless they:
(1) Remain truly mobile and ready for highway use. The
unit must be on its wheels or a jacking system and be
attached to its site by only quick disconnect type utilities;
(2) Have no permanently attached additions, connections,
foundations, porches, or similar structures; and
(3) Have an electrical cutoff switch that is located above
the flood control zone and fully accessible during flood
events.
§ 1304.408 Variances
The Vice President or the designee thereof is authorized,
following consideration whether a proposed structure or
other regulated activity would adversely impact
navigation, flood control, public lands or reservations,
power generation, the environment, or sensitive
environmental resources, or would be incompatible with
surrounding uses or inconsistent with an approved TVA
reservoir land management plan, to approve a structure or
activity that varies from the requirements of this part in
minor aspects.
§ 1304.409 Indefinite or temporary moorage of
recreational vessels
(a) Recreational vessels’ moorage at unpermitted
locations along the water’s edge of any TVA reservoir
may not exceed 14 consecutive days at any one place or at
any place within one mile thereof.
(b) Recreational vessels may not establish temporary
moorage within the limits of primary or secondary
navigation channels.
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(c) Moorage lines of recreational vessels may not be
placed in such a way as to block or hinder boating access
to any part of the reservoir.
(d) Permanent or extended moorage of a recreational
vessel along the shoreline of any TVA reservoir without
approval under section 26a of the TVA Act is prohibited.
§ 1304.410 Navigation restrictions
(a) Except for the placement of riprap along the shoreline,
structures, land based or water use, shall not be located
within the limits of safety harbors and landings
established for commercial navigation.
(b) Structures shall not be located in such a way as to
block the visibility of navigation aids. Examples of
navigation aids are lights, dayboards, and directional
signs.
(c) The establishment of “no-wake” zones outside
approved harbor limits is prohibited at marinas or
community dock facilities that are adjacent to or near a
commercial navigation channel. In such circumstances,
facility owners may, upon approval from TVA, install a
floating breakwater along the harbor limit to reduce wave
and wash action.
§ 1304.411 Fish attractors
Fish attractors constitute potential obstructions and require
TVA approval.
(a) Fish attractors may be constructed of anchored brush
piles, log cribs, and/or spawning benches, stake beds,
vegetation, or rock piles, provided they meet “TVA
Guidelines for Fish Attractor Placement in TVA
Reservoirs” (TVA 1997).
(b) When established in connection with an approved
dock, fish attractors shall not project more than 30 feet out
from any portion of the dock.
(c) Any floatable materials must be permanently
anchored.
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§ 1304.411 Definitions
(This link takes you to a separate page.)
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Section 26a of the TVA Act
Regulations
Subpart E
§ 1304.412 Definitions
Except as the context may otherwise require, the
following words or terms, when used in this part 1304,
have the meaning specified in this section.
100-year floodplain means that area inundated by the one
percent annual chance (or 100-year) flood.
500-year floodplain means that area inundated by the 0.2
percent annual chance (or 500-year) flood; any land
susceptible to inundation during the 500-year or greater
flood.
Quick Index to 26a
Regulations
Summary
Subpart A: Procedures for
Approval
Subpart B: Nonnavigable
Houseboats
Subpart C: TVA Residential
Shoreland
Subpart D: Flowage
Easement Shoreland
Subpart E: Miscellaneous
Definitions
Main Index
Act means the Tennessee Valley Authority Act of 1933,
as amended.
Applicant means the person, corporation, state,
municipality, political subdivision or other entity making
application to TVA.
Application means a written request for the approval of
plans pursuant to the regulations contained in this part.
Backlot means a residential lot not located adjacent to the
shoreline but located in a subdivision associated with the
shoreline.
Board means the Board of Directors of TVA.
Community outlot means a subdivision lot located
adjacent to the shoreline and designated by deed,
subdivision covenant, or recorded plat as available for use
by designated property owners within the subdivision.
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Dredging means the removal of material from a
submerged location, primarily for deepening harbors and
waterways.
Enclosed structure means a structure enclosed overhead
and on all sides so as to keep out the weather.
Flood control storage means the volume within an
elevation range on a TVA reservoir that is reserved for the
storage of floodwater.
Flood control storage zone means the area within an
elevation range on a TVA reservoir that is reserved for the
storage of floodwater. TVA shall, upon request, identify
the contour marking the upper limit of the flood control
storage zone at particular reservoir locations.
Flood risk profile elevation means the elevation of the
500-year flood that has been adjusted for surcharge at the
dam. Surcharge is the ability to raise the water level
behind the dam above the top-of-gates elevation.
Flowage easement shoreland means privately owned
properties where TVA has the right to flood the land.
Footprint means the total water surface area of either a
square or rectangular shape occupied by an adjoining
property owner’s dock, pier, boathouse, or boatwells.
Full summer pool means the targeted elevation to which
TVA plans to fill each reservoir during its annual
operating cycle. Applicants are encouraged to consult the
appropriate TVA Watershed Team or the TVA website to
obtain the full summer pool elevation for the reservoir in
question at the time the application is submitted.
Land-based structure means any structure constructed
on ground entirely above the full summer pool elevation
of a TVA reservoir but below the maximum shoreline
contours of that reservoir.
Maximum shoreline contour means an elevation
typically five feet above the top of the gates of a TVA
dam. It is sometimes the property boundary between TVA
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property and adjoining private property.
Nonnavigable houseboat means any houseboat not in
compliance with one or more of the criteria defining a
navigable houseboat.
Owner or landowner ordinarily means all of the owners
of a parcel of land. Except as otherwise specifically
provided in these rules, in all cases where TVA approval
is required to engage in an activity and the applicant’s
eligibility to seek approval depends on status as an owner
of real property, the owner or owners of only a fractional
interest or of fractional interests totaling less than one in
any such property shall not be considered, by virtue of
such fractional interest or interests only, to be an owner
and as such eligible to seek approval to conduct the
activity without the consent of the other co-owners.
In cases where the applicant owns water access rights
across adjoining private property that borders TVA-owned
shoreland, TVA may exercise its discretion to consider
such person an owner, taking into account the availability
of the shoreline to accommodate similarly situated owners
and such other factors as TVA deems to be appropriate. In
subdivisions where TVA had an established practice prior
to September 8, 2003, of permitting individual or common
water-use facilities on or at jointly-owned lots without the
consent of all co-owners, TVA may exercise its discretion
to continue such practice, taking into account the
availability of the shoreline to accommodate similarly
situated owners and other factors as TVA deems to be
appropriate; provided, however, that the issuance of a
TVA permit conveys no property interests, and the
objections of a co-owner may be a basis for revocation of
the permit.
Shoreland means the surface of land lying between
minimum winter pool elevation of a TVA reservoir and
the maximum shoreline contour.
Shoreline means the line where the water of a TVA
reservoir meets the shore when the water level is at the
full summer pool elevation.
http://www.tva.gov/river/26apermits/regs_definitions.htm
06/17/2010
TVA: 26a Regulations: Definitions
Page 4 of 4
Shoreline Management Zone (SMZ) means a 50 feet
deep vegetated zone designated by TVA on TVA-owned
land.
TVA means the Tennessee Valley Authority.
TVA property means real property owned by the United
States and under the custody and control of TVA.
Vice President means the Vice President, Resource
Stewardship, TVA, or a functionally equivalent position.
Water-based structure means any structure, fixed or
floating, constructed on or in navigable waters of the
United States.
Winter drawdown elevation means the elevation to
which a reservoir water level is lowered during fall to
provide storage capacity for winter and spring
floodwaters.
Winter pool means the lowest level expected for the
reservoir during the flood season.
http://www.tva.gov/river/26apermits/regs_definitions.htm
06/17/2010
| File Type | application/pdf |
| File Title | http://www.tva.gov/river/26apermits/regs_intro.htm |
| Author | mrwinter |
| File Modified | 2010-06-29 |
| File Created | 2010-06-17 |