26a Standards for Residential Structures

Grandfathering of Preexisting Shoreline Uses and Structures

Scope of grandfathering provisions

Grandfathering provisions apply to preexisting development and shoreline uses established and permitted before November 1, 1999, and located along or adjoining TVA-owned residential shoreland or TVA flowage-easement shoreline.

1. Existing shoreline structures (docks, retaining walls, etc.) previously permitted by TVA are grandfathered.
2. Grandfathered structures may continue to be maintained in accordance with previous permit requirements, and TVA would not require modification to conform to new standards.
3. If a structure is destroyed by fire or storms, the permit would be reissued if the replacement facility is rebuilt to specifications originally permitted by TVA.
4. Rules that apply to vegetation management at grandfathered developments are as follows:
   • Mowing of established, preexisting lawns on TVA-owned residential access shoreland may be continued.
   • The shoreline management zone is not required where established lawns existed prior to the effective date of these regulations.
   • Any additional removal of trees or other vegetation (except for mowing of established, preexisting lawns) requires TVA’s approval.
   • Removal of trees over three inches in diameter at ground level is not permitted under grandfathering or waiver provisions.

Changes in ownership

When ownership of permitted structures or other shoreline alterations changes, TVA will issue a permit for those existing structures or alterations upon application by the new owner.

1. The new owner and any subsequent owners may, upon application for and receipt of a permit, continue to use existing permitted docks and other shoreline alterations.
2. Subsequent owners are not required to modify existing structures to new standards and may continue mowing established lawns that existed prior to the effective date of these regulations.
3. New owners wishing to continue existing grandfathered activities and structures must:
   • Apply at the local Watershed Team Office for issuance of a permit within 60 days after the change in ownership.
   • Maintain existing permitted docks and other shoreline alterations in good repair.
   • 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 established, preexisting lawns)

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