§ 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.

Attached structure

means a floating deck, walkway, platform, slip, Jet Ski port, or other floating structure that supports the use of a floating cabin and can be detached from the floating cabin. Attached structures are not considered part of the monolithic frame of a floating cabin.

Backlot

means a residential lot not located adjacent to the shoreland but located in a subdivision associated with the shoreland.

Board

means the Board of Directors of TVA.

Chief Executive Officer

means the Chief Executive Officer, TVA.

Combined floating cabin

means a single floating cabin that replaces two or more existing floating cabins.

Committee

means a committee of the TVA Board of Directors that has been designated by the TVA Board to hear appeals under this regulation.

Community outlot

means a subdivision lot located adjacent to the shoreland 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

bdivision lot located adjacent to the shoreland 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. 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.

Existing floating cabin

means a floating cabin that was located or moored on the Tennessee River System as of December 16, 2016.

Floating cabin

means a nonnavigable houseboat approved by TVA as of December 16, 2016, and other floating structures moored on the Tennessee River System and determined by TVA in its sole discretion to be designed and used primarily for human habitation or occupation and not designed and used primarily for navigation or transportation on the water.

Flood control storage

means the volume within an elevation range on a TVA reservoir that is reserved for the storage of floodwater.

Flood control storage zone

means the area within an elevation range on a TVA reservoir that is reserved for the storage of floodwater. TVA shall, upon request, identify the contour marking the upper limit of the flood control storage zone at particular reservoir locations.

Flood risk profile elevation

means the elevation of the 500-year flood that has been adjusted for surcharge at the dam. Surcharge is the ability to raise the water level behind the dam above the top-of-gates elevation.

Flowage easement shoreland

means privately-owned properties where TVA has the right to flood the land.

Footprint

means the total water surface area of either a square or rectangular shape occupied by a floating cabin or adjoining property owner's dock, pier, boathouse, or boatwells

charge 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 a floating cabin or 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.

Monolithic frame

means the supporting floor structure of a floating cabin that is constructed as one rigid component. It specifically excludes any attached structures, such as decks and platforms, regardless of when they were connected or how they are connected (

e.g.,

pins, hinges, bolts, ropes).

New floating cabin

means a floating cabin that was not located or moored on the Tennessee River System as of December 16, 2016.

Owner or landowner

ordinarily means all of the owners of a parcel of land

rigid component. It specifically excludes any attached structures, such as decks and platforms, regardless of when they were connected or how they are connected (

e.g.,

pins, hinges, bolts, ropes).

New floating cabin

means a floating cabin that was not located or moored on the Tennessee River System as of December 16, 2016.

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 adjoining private property that borders TVA-owned shoreland, TVA may exercise its discretion to consider such person an owner, taking into account the availability of the shoreline to accommodate similarly situated owners and such other factors as TVA deems to be appropriate. In subdivisions where TVA had an established practice prior to September 8, 2003 of permitting individual or common water-use facilities on or at jointly-owned lots without the consent of all co-owners, TVA may exercise its discretion to continue such practice, taking into account the availability of the shoreline to accommodate similarly situated owners and other factors as TVA deems to be appropriate; provided, however, that the issuance of a TVA permit conveys no property interests, and the objections of a co-owner may be a basis for revocation of the permit

thout 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.

Rebuilding

means replacement of all or a significant portion of an approved obstruction to the same configuration, total footprint, and dimensions (length, width, and height of the obstruction or enclosed or open space) as the approved plans, standards, and conditions of the section 26a 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.

Structural modification

means any alteration to the dimensions (length, width, and height of the obstruction or enclosed or open space), footprint, or approved plans of a structure.

Tennessee River System

means TVA reservoirs, the Tennessee River or any of the Tennessee River's tributaries.

TVA

means the Tennessee Valley Authority.

TVA Investigating Officer

means a TVA employee or a person under contract to TVA appointed by the Vice President or the CEO to investigate any issue concerning an appeal of a decision on an application under this part.

TVA property

means real property owned by the United States and under the custody and control of TVA.

Vice President

means the Vice President, Natural Resources, TVA, or a position with functionally equivalent supervisory responsibilities.

Water-based structure

means any structure, fixed or floating, constructed on or in navigable waters of the United States

sion on an application under this part.

TVA property

means real property owned by the United States and under the custody and control of TVA.

Vice President

means the Vice President, Natural Resources, TVA, or a position with functionally equivalent supervisory responsibilities.

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.

[68 FR 46936, Aug. 7, 2003, as amended at 79 FR 4622, Jan. 29, 2014; 83 FR 44474, Aug. 31, 2018; 86 FR 50636, Sept. 10, 2021]