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proper. In the case of applications for piers or docks to be used as part of a public boat dock, marina, or other public or commercial recreation facility, the requirements of this paragraph (c) may be waived or modified by the Director if he considers such waiver necessary or desirable for proper development of the facility. & 304.109 Structures within the flowage

easement areas of Fort Loudoun and

Douglas Reservoirs. (a) The regulations prescribed in this paragraph apply to approval of structures, other than fills, to be constructed on land which is subject to flowage easements acquired by the United States and which lies above elevation 815 (expressed in feet above mean sea level) in the Fort Loudoun Reservoir on the Tennessee River and above elevačion 1,002 in the Douglas Reservoir on the French Broad River, a tributary of the Tennessee River:

(1) Structures or groups of structures (defined as two or more structures constituting a project) proposed for construction on such land which are not designed for human habitation, do not involve discharges in the reservoirs, and are to be constructed at a cost not in excess of $5,000, may be so constructed without applying to the Director for approval under this subpart.

(2) Structures or groups of structures proposed for construction on such land which are not designed for human habitation, do not involve discharges into the reservoirs, are not major actions significantly affecting the quality of the human environment and are to be constructed at a cost in excess of $5,000, and which the Director finds will not be damaged seriously when flooded, will not require approval under this subpart and may be constructed after receipt of notice from the Division of Reservoir Properties that, in the opinion of the Director, the property will not be seriously damaged when flooded.

(b) All other structures or groups of structures proposed for construction on land in the Fort Loudoun and Douglas Reservoirs which is subject to flowage easements acquired by the United States will constitute obstructions affecting navigation, flood control, or public lands or reservations, and require approval in accordance with section 26a of the Act and the requirements of this subpart. Nothing contained in this section shall

be in derogation of the rights of the United States or TVA, or their exercise of such rights, under the flowage easements in the Fort Loudoun and Douglas Reservoirs owned by the United States. Subpart C-Regulation of Boathouses,

Houseboats, Similar Floating Struc

tures, and Harbor Limits § 304.200 Scope and intent.

This subpart prescribes regulations governing designation of harbor areas at commercial boat docks and the approval of structures and facilities which can be moored or installed in or at such areas and in other areas in the Tennessee River and its tributaries. It is the intent of this subpart to provide for the mooring of new and existing floating boathouses and existing houseboats in such a manner as to avoid obstruction of or interference with navigation and flood control, avoid or minimize adverse effects on public lands and reservations, attain the widest range of beneficial uses of land and land rights owned by the United States of America, enhance reasonable recreational use of TVA reservoirs by all segments of the general public, protect lands and land rights owned by the United States alongside and subjacent to TVA reservoirs from trespass and other unlawful or unreasonable uses, and maintain, protect, and enhance the quality of the human environment. § 304.201 Definitions.

For the purposes of this subpart, in addition to any definitions contained elsewhere in this part, the following words or terms shall have the meaning specified in this section, unless the context requires otherwise:

"Existing" as applied to houseboats, floating boathouses, or other structures, means those which are moored, anchored, or otherwise installed on, along, or in a TVA reservoir on the effective date of these regulations.

“Floating boathouse" means a floating structure or facility, any portion of which is enclosed, able of storing or mooring any houseboat or other vessel.

"Houseboat” means any vessel which is equipped with enclosed or covered sleeping quarters.

"Navigable houseboat” means a houseboat which is (a) on a boat hull, pontoons, or other comparable permanent flotation devices (not including metal drums) manufactured, constructed, or

a

adapted for the purpose of providing flo- paragraph not later than July 1, 1972. tation and mobility for a boat or house- Existing nonnavigable houseboats shall boat; (b) equipped with a motor of suf- be moored: ficient horsepower to propel the house- (1) To mooring facilities provided by boat safely and under full control under a commercial dock operator within the normal wind and water conditions; (c) designated harbor limits of his dock; or equipped with motor and rudder controls (2) To the bank of the reservoir outwith which the houseboat must be op- side the designated Harbor limits of comerated, which controls must be located mercial boat docks, if the houseboat at a point on the houseboat from which owner is the owner or lessee of the abutthere is not less than 180° forward visi- ting property at the mooring location bility; and (d) in compliance with all (or the licensee of such owner or lessee) State and Federal requirements relating and has requested and obtained from to watercraft.

TVA, pursuant to $ 304.205, written ap"New" as applied to houseboats, float- proval authorizing mooring at such ing boathouses, or other structures location. means all houseboats, floating boat- (d) Ordinary maintenance and repair houses, or structures, other than exist- of existing nonnavigable houseboats pering ones.

mitted to be moored pursuant to this “Nonnavigable houseboat" means section may be continued, including rehouseboat not in compliance with one placement of metal drum flotation as reor more of the criteria defining a navi- quired by $ 304.3, but such houseboats gable houseboat.

may not be replaced, rebuilt, or returned “Vessel” means any watercraft or to the reservoir when they have been other structure or contrivance used or abandoned, destroyed, removed from the capable of use as a means of water reservoir, or have deteriorated or been transportation.

damaged so as to be unusable and un§ 304.202 Designation of harbor areas

repairable. at commercial boat docks.

§ 304.204. Floating boathouses. The landward limits of harbor areas (a) New floating boathouses may be are determined by the extent of land moored in TVA reservoirs after the efrights held by the dock operator. The fective date of this part 304 only if (1) lakeward limits of harbors at com- they are approved and numbered purmercial boat docks will be designated by suant to $$ 304.205 and 304.206, and (2) TVA on the basis of the size and extent they are moored in compliance with of facilities at the dock, navigation and paragraph (c) of this section. flood control requirements, optimum use (b) Existing floating boathouses may of lands and land rights owned by the be moored in TVA reservoirs after the United States, and on the basis of the effective date of this Part 304 only if environmental effects associated with (1) they have flotation devices complythe use of the harbor. Mooring buoys or ing with $ 304.3; (2) they are approved slips and indefinite anchoring are pro- and numbered pursuant to $$ 304.205 hibited beyond such lakeward limits, ex- and 304.206; and (3) they are moored cept as otherwise provided in this in compliance with paragraph (c) of this subpart.

section.

(c) Existing floating boathouses shall § 304.203 Houseboats.

be moored in compliance with this (a) No new nonnavigable houseboat paragraph not later than July 1, 1972. shall be moored, anchored, or installed in New floating boathouses shall be origiany TVA reservoir after the effective date nally moored in compliance with this of this Part 304.

paragraph. All floating boathouses shall (b) Existing nonnavigable houseboats be moored: may remain in TVA reservoirs after the (1) To mooring facilities provided by effective date of this part only if (1) they a commercial dock operator within the have flotation devices complying with designated harbor limits of his dock; or $ 304.3; (2) they are approved and num- (2) To the bank of the reservoir outbered pursuant to $ $ 304.205 and 304.206; side the designated harbor limits of a and (3) they are moored in compliance commercial boat dock, if the boathouse with paragraph (c) of this section.

owner is the owner or lessee of the (c) Existing nonnavigable houseboats abutting property at the mooring locashall be moored in compliance with this tion (or the licensee of such owner or

lessee) and has requested and obtained from TVA, pursuant to $ 304.205, written approval authorizing mooring at such location.

(d) Ordinary maintenance and repair of existing floating boathouses permitted to be moored pursuant to this section may be continued, including replacement of metal drum flotation as required by $ 304.3, but such floating boathouses may not be replaced, rebuilt, or returned to the reservoir when they have been abandoned, destroyed, or removed from the reservoir, or have deteriorated or been damaged so as to be unusable or unrepairable. Existing floating boathouses may be replaced with new floating boathouses subject to the provisions of this part. $ 304.205 Approval of plans for floating

boathouses and nonnavigable house

boats. (a) Existing nonnavigable houseboats and all floating boathouses must be approved pursuant to this subpart and the provisions of Subpart B of this part.

(b) Persons proposing to moor new floating boathouses shall submit applications to TVA prior to commencement of construction or mooring thereof. Owners of existing floating boathouses and nonnavigable houseboats who intend to continue mooring beyond June 30, 1972, shall submit applications to TVA prior to January 1, 1972. Applications shall be accompanied by plans showing in reasonable detail the size and shape of the facility; the kind of existing flotation device, and actual and proposed mooring locations thereof; indicate whether a marine toilet is on the facility; and give the name and mailing address of the owner. If the existing flotation device includes metal drums in any form, the application shall indicate the kind of flotation device or material which shall be used to replace such metal drum fiotation pursuant to $ 304.3 and the date by which such replacement shall be completed. If flotation devices incorporating filled metal drums are proposed to be continued in use after July 1, 1972, the application shall indicate generally the kind of flotation device (permitted by § 304.3) which is proposed to be used for replacement purposes after such date. TVA will be kept advised of any changes in the kind of flotation devices which

may be made by the applicant after approval is granted. Plans described in this section shall be in lieu of the plans specified in § 304.103(a).

(c) If the proposed mooring location is outside the designated harbor limits of a commercial boat dock, the application and plans shall be accompanied by evidence satisfactory to TVA showing that the applicant is (or will be prior to July 1, 1972) the owner or lessee of the abutting property at the proposed mooring location, or the licensee of such owner or lessee.

(d) Applications for new floating boathouses will be disapproved if the plans provide for toilets, living or sleeping quarters, or enclosed spaces with more than 25 square feet of floor space, not including walkways around boat wells or mooring slips. Such walkways shall not exceed 4 feet in width unless, in the sole judgment of the Director, the size of the well or slip justifies a greater width. A new floating boathouse or part thereof shall not be deemed "enclosed" solely because of plans providing for the use of wire mesh or similar screening which leaves the interior of the structure open to the weather and nothing contained in this subsection shall be construed as prohibiting enclosure of the boat well or mooring slip proper. Plans for any new floating boathouses will also be disapproved if the proposed flotation device includes metal drums in any form.

(e) Applications for mooring outside designated harbor limits will be disapproved if TVA determines that such proposed mooring location will be contrary to the intent of this subpart, of $ 304.2, or of any applicable law. Applications will also be disapproved if marine toilets not in compliance with $ 304.4 are involved.

(f) Approvals of applications shall contain such conditions as may be required by law and may contain such other conditions as TVA determines to be necessary or desirable to carry out the intent of this subpart, this part or other applicable law. Included, without limitation, among such conditions are conditions relating to the mooring of houseboats and floating boathouses at locations outside the designated harbor limits of commercial boat docks. Strict compliance with all conditions will be required.

$ 304.206 Numbering and transfer of

approved facilities. (a) Upon approval of an application concerning a nonnavigable houseboat or floating boathouse, TVA will assign a number to such facility. The owner of the facility shall paint such number on, or attach a facsimile thereof to, a readily visible part of the outside of the facility in letters not less than three (3) inches high, by July 1, 1972. The placement of such number shall be consistent with the requirements of any State or Federal law or regulation concerning numbering of watercraft.

(b) The transferee of any floating boathouse or nonnavigable houseboat approved pursuant to this part and which, after transfer, remains subject to this part, shall promptly report such transfer to TVA. A facility moored at a location approved pursuant to this part shali not be moored at a different location without prior approval of such location. by TVA under this subpart, except for transfers of location to or between mooring facilities provided by commercial dock operators within the designated harbor limits of their docks.

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