Section 26a of the TVA Act
Shoreline Management Policy (SMP) Waiver Guidance
1. PURPOSE
This guidance is used to implement TVA’s Section 26a regulation § 1304.212 Waivers. This rule provides for a waiver of the standards of Subpart C TVA-owned Residential Access Shoreland.
2. PROCESS
In 1999, the TVA Board adopted a Shoreline Management Policy (SMP) based on the Shoreline Management Initiative (SMI) Environmental Impact Statement. The policy established new standards for construction of facilities and vegetation management along the reservoir. These standards were incorporated into the Code of Federal Regulations, 18 CFR Part 1304, in 2003. A waiver provision was established (§ 1304.212) in order to allow deviations from the SMP standards if the shoreline had been developed prior to November 1999 and the proposal is compatible with surrounding permitted structures and uses. Waivers to the construction standards contained in Subpart C may be approved by TVA in certain limited conditions as contemplated by SMI. When approving waivers TVA considers the uses permitted under the guidelines followed by TVA before November 1, 1999 and the prevailing permitted practice in subdivision or immediate vicinity.
To ensure consistent implementation of the waiver provision, TVA developed guidance for use in the approval of waivers to the SMP standards. When evaluating whether a waiver can be considered TVA uses the SMP Waiver Worksheet (Table 1) along with consideration of the uses permitted prior to November 1, 1999 (Table 2).
Table 1. SMP Waiver Worksheet |
1. Does the request comply with the Shoreline Management Policy standards? □ No (continue with Question 2) □ Yes (proceed with review of application) |
2. Is the applicant’s property in a subdivision? □ No (continue with Question 3a) □ Yes (continue with Question 3b) |
3a. Is the property within 1/4 mile radius of a location where a facility was permitted prior to 11/1/99? □ No (contact applicant to modify request) □ Yes (property is eligible for waiver - continue with Question #4) |
3b. Is the property in a subdivision where facilities were permitted prior to 11/1/99? □ No (contact applicant to modify request) □ Yes (property is eligible for a waiver - continue with Question #4) |
4. Does the request comply with the Pre-SMP Guidelines (see Table 2)? □ No (continue with #5) □ Yes (proposed facility is eligible for waiver; proceed with review of application) |
5. Does the request comply with prevailing permitted practices on surrounding lots? (Prevailing permitted practices means that the requested facility is similar in size or design to at least 51% of the facilities permitted by TVA within the subject subdivision or within 1/4 mile of the proposed structure location if not within a subdivision.) □ No (contact applicant to modify request) □ Yes (proposed facility is eligible for waiver; proceed with review of application) |
Table 2. Pre-Shoreline Management Policy Guidelines. If the proposed structure or use to be approved under the waiver provision is not addressed herein, then the standards of Subpart C TVA-owned Residential Access Shoreland apply. |
Docks (Piers) and Open Slips
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Enclosed Storage Space
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Vegetation Management
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Walkways, Steps, and Landings
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Land-Based Shelters for Storage of Recreational Watercraft and Accessories on TVA Land
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Driveways
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Shoreline Stabilization
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Terraces, Covered or Uncovered Patios, and Gazebos
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