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Shoreline Management Policy (SMP) Waiver Guidance

1. Purpose

This guidance is used to implement Section 1304.212 of TVA’s Section 26a regulations. This rule allows consideration of a waiver of the standards of Subpart C – TVA-owned Residential Access Shoreland in certain circumstances.

2. Process

In 1999, the TVA Board of Directors adopted a Shoreline Management Policy (SMP) based on the Shoreline Management Initiative (SMI) Environmental Impact Statement. SMP established new standards for construction of facilities and vegetation management along the reservoirs. These standards were incorporated into the TVA’s Section 26a regulations, 18 CFR Part 1304, in 2003. A waiver provision was established (Section 1304.212) to allow consideration of deviations from the SMP standards in situations where the shoreline had been developed prior to November 1, 1999, and the proposal is compatible with surrounding permitted structures and uses. In these situations, waivers to the construction standards contained in Subpart C may be reviewed and can be approved by TVA in certain limited conditions as contemplated by SMI. 

When reviewing requests for waivers, TVA considers the uses permitted under the guidelines followed by TVA before November 1, 1999, and the prevailing permitted practice.  Prevailing permitted practice means the requested facility is similar in size and/or design to at least 51 percent of the facilities permitted by TVA within the subject subdivision or within the immediate vicinity if the subject area is not in a subdivision. Immediate vicinity is defined as a 1/4-mile radius from the subject location and is only used if the subject request is not in a recorded subdivision.

To ensure consistent implementation of the waiver provision, TVA developed guidance for use in the review and 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. Certain waivers have been preapproved and are available for consideration in locations that comply with Section 1304.212 (Table 2).

Table 1.  SMP Waiver Worksheet

1) Does the request comply with the SMP standards?

No (continue with Question 2)

Yes (no waiver required; proceed with review of the 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 November 1, 1999?

No (waiver does not apply; contact applicant to modify request)

Yes (applicant is eligible to request a waiver – continue with Question 4)

3b) Is the property in a subdivision recorded before November 1, 1999?

No (waiver does not apply; contact applicant to modify request)

Yes (continue with Question 3c)

3c) Did TVA permit at least one facility in the subdivision prior to November 1, 1999?

No (waiver does not apply; contact applicant to modify request)

Yes (applicant is eligible to request a waiver – continue with Question 4)

4) Does the request meet the terms of the Preapproved SMP Waivers (Table 2)?

No (continue to Question 5)

Yes (request is eligible for a waiver – proceed with review of the application)

5) Is the request consistent with prevailing permitted practices[1] in the subdivision (or 1/4-mile radius if not in a subdivision)?

No

Yes (request is eligible for a waiver – proceed with review of the application)

 

Table 2. Preapproved SMP Waivers

Enclosed Storage Space

  • Enclosed storage space may not exceed 32 square feet and shall be used solely for storage of water-use equipment. The enclosed space may be located either on land or on an approved dock, pier, or other water-use facility.

Vegetation Management

  • Clearing of vegetation that is less than three inches in diameter at four feet high may be approved. 

Land-Based Shelters for Storage of Boats and Accessories

  • Land-based boat shelters are considered only if the structures are located on land outside the limits of the 100-year floodplain and have no sides and no completely enclosed floor space in excess of 32 square feet. Wire mesh or similar screening is permissible.
  • The structure must be used solely for the storage of boating accessories and no more than two vessels.
  • Enclosed, dry-land boathouses or boat garages are not permitted on TVA land.

Terraces, Covered or Uncovered Patios, and Gazebos

  • The applicant is required to evaluate alternatives for placement of these facilities on the adjacent private property and above the 100-year floodplain.
  • If justification exists for placement of the facilities on TVA land, the facilities must not have side enclosures (except screen wire or mesh).
  • Patios or Gazebos must be no greater than 400 square feet in area on TVA land.

[1] Prevailing permitted practice means the requested facility is similar in size and/or design to at least 51 percent of the facilities permitted by TVA within the subject subdivision (or 1/4-mile radius if the subject area is not in a subdivision).