§ 1304.210. Grandfathering of preexisting shoreland uses and structures.
246 words·~1 min read·
/us/cfr/t18/s§ 1304.210·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In order to provide for a smooth transition to new standards, grandfathering provisions shall apply as follows to preexisting development and shoreland uses established prior to November 1, 1999, which are located along or adjoin TVA-owned access residential shoreland.
(a)Existing shoreline structures (docks, retaining walls, etc.) previously permitted by TVA are grandfathered.
(b)Grandfathered structures may continue to be maintained in accordance with previous permit requirements, and TVA does not require modification to conform to new standards.
(c)If a permitted structure is destroyed by fire or storms, the permit shall be reissued if the replacement facility is rebuilt to specifications originally permitted by TVA.
(d)Vegetation management at grandfathered developments shall be as follows:
(1)Mowing of lawns established on TVA-owned residential access shoreland prior to November 1, 1999, may be continued without regard to whether the lawn uses are authorized by a TVA permit.
(2)At sites where mowing of lawns established prior to November 1, 1999, is not specifically included as an authorized use in an existing permit, TVA will include mowing as a permitted use in the next permit action at that site.
(3)The SMZ is not required where established lawns existed prior to November 1, 1999.
(4)Any additional removal of trees or other vegetation (except for mowing of lawns established prior to November 1, 1999) requires TVA's approval in accordance with § 1304.203. Removal of trees greater than three inches in diameter at ground level is not allowed.