18 Cfr 1304

Pt. 1302, App. A

18 CFR Ch. XIII (4–1–09 Edition)

shall have the same effect as though
such action had been taken by TVA.
[38 FR 17945, July 5, 1973. Redesignated at 44
FR 30682, May 29, 1979. Redesignated and
amended at 49 FR 20484, May 15, 1984; 68 FR
51355, Aug. 26, 2003]

APPENDIX A TO PART 1302—FEDERAL FINANCIAL
ASSISTANCE TO WHICH
THESE REGULATIONS APPLY
1. Transfers, leases and licenses of real
property for nominal consideration to states,
counties, municipalities, and other public
agencies for development for public recreation.
2. Furnishing funds, property and services
to state agencies, local governments and citizen organizations to advance economic
growth in watersheds of Tennessee River
tributaries through cooperative resource development programs.
3. Furnishing funds, property and services
to land grant colleges for use in a cooperative program utilizing test-demonstration
farms to test experimental fertilizers developed by TVA and to educate farmers and
other interested persons concerning these
new fertilizers. This program also includes
the furnishing of fertilizers at reduced prices
by TVA, through its fertilizer distributors,
to such test-demonstration farms.
4. Furnishing space and utilities without
charge under agreements with state agencies
for use in accordance with the Vending
Stands for Blind Act.
[30 FR 311, Jan. 9, 1965, as amended at 38 FR
17945, July 5, 1973. Redesignated at 44 FR
30682, May 29, 1979]

Subpart B—Tobacco Products
§ 1303.2

[61 FR 6110, Feb. 16, 1996; 61 FR 54849, Oct. 22,
1996]

§ 1303.3 Prohibition on tobacco products.
(a) Sale of tobacco products by vending machine on TVA property is prohibited. Tobacco product vending machines already in place on TVA property as of November 15, 1995, may continue in operation for one year from
February 16, 1996 while TVA completes
review of whether such machines
should be exempted under paragraph
(c) of this section.
(b) Distribution of free samples of tobacco products on TVA property is prohibited.
(c) TVA may, as appropriate, designate areas not subject to this section
if individuals under the age of 18 are
not allowed in such areas.

PART 1304—APPROVAL OF CONSTRUCTION IN THE TENNESSEE
RIVER SYSTEM AND REGULATION
OF STRUCTURES AND OTHER ALTERATIONS

PART 1303—PROPERTY
MANAGEMENT

Subpart A—Procedures for Approval of
Construction

Subpart A—General Information
Sec.
1303.1

Applicability.

Subpart B—Tobacco Products
1303.2
1303.3

Definition.
Prohibition on tobacco products.

AUTHORITY: 16 U.S.C. 831–831dd.
SOURCE: 61 FR 6110, Feb. 16, 1996, unless
otherwise noted.

Subpart A—General Information

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§ 1303.1

Definition.

Tobacco product means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco.

Sec.
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.

Subpart B—Regulation of Nonnavigable
Houseboats

Applicability.

This part sets out certain regulations
applicable to buildings, structures, and
other property under TVA control.

1304.100
1304.101

Scope and intent.
Nonnavigable houseboats.

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§ 1304.1

1304.102 Numbering of nonnavigable houseboats and transfer of ownership.
1304.103 Approval of plans for structural
modifications or rebuilding of approved
nonnavigable houseboats.

Subpart C—TVA-Owned Residential
Access Shoreland
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 wateruse facilities.
1304.207 Channel excavation on TVA-owned
residential access shoreland.
1304.208 Shoreline stabilization on TVAowned 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.

Subpart D—Activities on TVA Flowage
Easement Shoreland
1304.300 Scope and intent.
1304.301 Utilities.
1304.302 Vegetation management on flowage
easement shoreland.
1304.303 Channel excavation.

Subpart E—Miscellaneous
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.
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AUTHORITY: 16 U.S.C. 831–831ee.
SOURCE: 68 FR 46936, Aug. 7, 2003, unless
otherwise noted.

Subpart A—Procedures for
Approval of Construction
§ 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. 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 (NEPA), as amended,
42 U.S.C. 4321 et seq., and the Federal
Water Pollution Control Act Amendments of 1972 (FWPCA), 33 U.S.C. 1251
et seq., 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

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§ 1304.2

18 CFR Ch. XIII (4–1–09 Edition)

these purposes, and this part shall be
interpreted and applied to that end.

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§ 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
part, 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 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 following Watershed Team locations:

(1) P.O. Box 1589, Norris, TN 37828,
(865) 632–1539, Reservoir: Norris;
(2) Suite 300, 804 Highway 321, North,
Lenoir City, TN 37771–6440, (865) 988–
2420, Reservoirs: Ft. Loudoun, Tellico,
Fontana;
(3) 221 Old Ranger Road, Murphy, NC
28906,
(704)
837–7395,
Reservoirs:
Hiwassee, Chatuge, Appalachia, Blue
Ridge, Nottely, Ocoee;
(4) 2611 W. Andrew Johnson Hwy.,
Morristown, TN 37814–3295, (865) 632–
3791, Reservoirs: Cherokee, Douglas;
(5) P.O. Box 1010, Muscle Shoals, AL
35662–1010, (256) 386–2560, Reservoirs:
Tim’s Ford, Normandy, Wheeler, Wilson;
(6) 202 West Blythe Street, P.O. Box
280, Paris, TN 38242, (901) 642–2026, Reservoirs: Kentucky, Beech River;
(7) P.O. Box 1010, Muscle Shoals, AL
35662–1010, (256) 386–2228, Reservoirs:
Pickwick, Bear Creek;
(8) Suite 218, Heritage Federal Bank
Building, 4105 Fort Henry Drive, Kingsport, TN 37662, (423) 239–2000, Reservoirs: Boone, Watauga, Wilbur, Fort
Patrick Henry, South Holston;
(9) 1101 Market Street, Chattanooga,
TN 37402, (423) 697–6006, Reservoirs:
Chickamauga, Nickajack;
(10) 2009 Grubb Road, Lenoir City, TN
37771–6440, (865) 988–2440, Reservoirs:
Watts Bar, Melton Hill;
(11) 2325 Henry Street, Guntersville,
AL 35976–1868, (256) 571–4280, Reservoirs:
Guntersville.
(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

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Tennessee Valley Authority

§ 1304.2

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 in paragraphs (c)(1)
and (2) of this section, TVA may 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 (81⁄2 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 81⁄2 by 11-inch copy of one of
the following is ideal: a TVA land map,
a subdivision map, or a portion of a
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 31⁄2-inch floppy disc in ‘‘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

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§ 1304.3

18 CFR Ch. XIII (4–1–09 Edition)

on a TVA reservoir or above the normal high water elevation if on a freeflowing 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 81⁄2- 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
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 re-

sult 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.
EFFECTIVE DATE NOTE: At 68 FR 46936, Aug.
7, 2003, § 1304.2 was revised. Paragraphs (b),
(c), and (d) contain information collection
and recordkeeping requirements and will not
become effective until approval has been
given by the Office of Management and
Budget.

§ 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
proval process.

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(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 paragraph (c) of

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§ 1304.6

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this section, 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.
§ 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 per-

son 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 reviewed by the Board.
(b) If a designee of the Vice President
disapproves an application or approves
it with 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)

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§ 1304.7

18 CFR Ch. XIII (4–1–09 Edition)

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 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 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

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Tennessee Valley Authority

§ 1304.101

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 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.

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§ 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.

Subpart B—Regulation of
Nonnavigable Houseboats
§ 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.
§ 1304.101 Nonnavigable houseboats.
(a) Any houseboat failing to comply
with the following criteria shall be
deemed a non-navigable 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.
(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;

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§ 1304.102

18 CFR Ch. XIII (4–1–09 Edition)

(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
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.

cprice-sewell on PRODPC61 with CFR

§ 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 three 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.

Subpart C—TVA-Owned
Residential Access Shoreland
§ 1304.200 Scope and intent.
This 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.
§ 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

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Tennessee Valley Authority

§ 1304.203

cprice-sewell on PRODPC61 with CFR

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, this 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.
§ 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 100year 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 TVA-owned 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 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

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§ 1304.204

18 CFR Ch. XIII (4–1–09 Edition)

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 three 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 TVAowned shoreland except by a State certified applicator. All herbicides and
pesticides shall be applied in accordance with label requirements.

cprice-sewell on PRODPC61 with CFR

§ 1304.204 Docks,
houses.

piers,

and

boat-

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 1000-square-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 wateruse 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.
(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.

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Tennessee Valley Authority

§ 1304.206

(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 six
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 of this part, 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.
(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 shoreline not directly fronting the applicant’s property.

(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 utilize propylene
glycol or water. All land-based pipes
must be buried within the access corridor.

§ 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.

(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.

§ 1304.206 Requirements for community docks, piers, boathouses, or
other water-use facilities.

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§ 1304.207

18 CFR Ch. XIII (4–1–09 Edition)

(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 co-owners 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 coowners 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 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 water-based 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 discre-

tion, 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 TVAowned 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 three-foot water depths for
navigation of the vessel at the minimum winter water elevation.
(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

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Tennessee Valley Authority

§ 1304.209

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.
(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 TVAapproved 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, creo-

sote 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.
(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.
(3) 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

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§ 1304.210

18 CFR Ch. XIII (4–1–09 Edition)

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.

cprice-sewell on PRODPC61 with CFR

§ 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.
(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 three inches in 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 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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Tennessee Valley Authority

§ 1304.303

Subpart D—Activities on TVA
Flowage Easement Shoreland
§ 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:
(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-bycase 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) of that section shall not apply. TVA
may impose appropriate requirements
to ensure accommodation of neighboring landowners.
(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.
(k) 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.

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§ 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.
(c) 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 easement shoreland.
Removal, modification, or establishment of vegetation on privately-owned
shoreland subject to a TVA flowage
easement 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 privatelyowned 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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§ 1304.400

18 CFR Ch. XIII (4–1–09 Edition)

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Subpart E—Miscellaneous
§ 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
water-logged, 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 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 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;

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Tennessee Valley Authority

§ 1304.405

(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;
(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.

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§ 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 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
pump(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,

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§ 1304.406

18 CFR Ch. XIII (4–1–09 Edition)

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 paragraphs (a) and (b) of this section 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 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.

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§ 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 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

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Tennessee Valley Authority

§ 1304.408

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.

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§ 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 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 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

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§ 1304.409

18 CFR Ch. XIII (4–1–09 Edition)

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.
(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.

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§ 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 attractor, spawning,
and habitat structures.
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.
§ 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.
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.
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

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Tennessee Valley Authority

§ 1304.412

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 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 this part, 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 adjoin-

ing private property that borders TVAowned 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.
Shoreline Management Zone (SMZ)
means a 50-foot-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.

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