To provide guidance regarding TVA’s implementation of Section 1304.409 of TVA’s Section 26a regulations, and to address mooring of obstructions off of reservoir shoreline.
The TVA Act conferred broad authority to TVA for the unified conservation and development of the Tennessee River Valley. Section 26a of the TVA 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 across, along, or in the Tennessee River or any of its tributaries (Section 1304.1).
In addition to the potential impacts to TVA’s programmatic interests by obstructions moored away from reservoir shoreline or outside of commercial marina harbor limits, these obstructions pose potential risks to human health and safety.
Section 1304.409 addresses indefinite or temporary moorage of 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. Vessels may not establish temporary moorage within the limits of primary or secondary navigation channels. 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. Permanent or extended moorage of a recreational vessel along the shoreline without approval under Section 26a is prohibited.
In order to further TVA’s objective of Section 26a, TVA will apply the following guidance to obstructions moored off of reservoir shoreline:
Obstructions, including unoccupied recreational vessels, moored in open water away from reservoir shoreline and outside of commercial marina harbor limits are prohibited unless prior approval in writing is received from TVA. TVA will coordinate with other federal, state, and local regulatory agencies in determining if an obstruction will be approved. TVA reserves the right to immediately remove or cause the removal of any obstruction in violation of this guideline, at the owner’s expense and at TVA’s sole discretion.