Where Do Section 26A Regulations Apply?

TVA 26a

Section 26a of the TVA Act

Regulations

TVA's jurisdiction under Section 26a of the TVA Act is implemented through Section 26a regulations (18 C.F.R. part 1304). To view the Main Index of the Section 26a regulations click here. TVA also adopts guidance for consistent implementation of Section 26a regulations. This guidance can be viewed here. For additional assistance in interpreting the Section 26a regulations and guidance contact your local regional watershed office.

Where do Section 26a regulations apply?

Section 26a regulation applies to both the location of construction projects and the types of activities carried out.

Location. The regulations apply to anything built across, along, or in the Tennessee River or any of its tributaries. A tributary is any watercourse whose contents, if not obstructed, diverted, or consumed, will ultimately flow into the Tennessee River. TVA’s jurisdiction thus extends to the limits of the Tennessee River watershed. Along regulated rivers (tailwaters) and TVA reservoirs, that jurisdiction applies to the limits of the 500-year floodplain or to the upper limits of TVA flowage rights, whichever is higher. Along off-reservoir, unregulated streams and rivers, jurisdiction is typically applied to the limits of the 100-year floodplain.

Types of construction projects. With regard to the range of construction and development activities along the shoreline, Section 26a regulation is limited to plans for the construction of obstructions affecting navigation, flood control, or public lands. An obstruction is “any man-made physical condition that during its continuance after completion impounds, checks, hinders, restricts, retards, diverts, or otherwise interferes with the movement of water or of objects on or in the water.”

See Minor Construction Projects or Major Construction Projects for the types of construction projects that do require permits.

What types of construction projects do not require permits?

Certain activities within or along the Tennessee River are not considered obstructions and therefore do not require a TVA Section 26a permit if they are conducted on privately owned land. Activities may still require local, state, or federal permits. See list of activities below.

Please note, however, that permission must be obtained from TVA before conducting any activities on TVA land. If you are planning an activity on TVA land, contact your local regional watershed office first.

1. Removal of materials such as trees, tree stumps, brush, or sand and gravel from a streambed is not construction of an obstruction unless the material removed is piled in or along the stream, river, or reservoir in such a way as to create an obstruction.
2. Excavation (dredging) of a new channel or enlargement of an existing channel is not construction of an obstruction unless it involves blocking, restricting, or draining the old channel.
3. Excavation of a trench for a submarine sewer, telephone, or other utility line, in which the trench is backfilled to the original contour and is located outside the area of a marked navigation channel, does not create an obstruction. (TVA approval is required for all utilities buried in or under marked navigation channels.)
4. Construction on, over, or along temporary, intermittent, seasonal, or wet-weather streams or drainages does not constitute an obstruction.
5. Discharges into the Tennessee River System are not obstructions unless they are made through or by an obstruction (outfall pipe, etc.) subject to TVA approval.
6. Replacement of culverts of same or greater hydraulic capacity, creating no new or additional obstruction, and within the same highway alignment are not new obstructions and are to be considered maintenance activity.
7. Replacement of bridges of the same or greater hydraulic capacity, creating no new or additional obstruction, and within the same highway alignment are not new obstructions and are to be considered maintenance activity.
8. Directional boring under streams or rivers for the installation of utilities or pipelines where no new obstructions are permanently placed within the floodplain are not considered obstructions.

How to Apply This page outlines the steps you need to take to apply for a construction permit. Please note that it's now possible to apply and pay online. See Step 3.

1. Check the construction standards

View information on construction standards applicable to your project.

2. Determine the type of project you’re undertaking.

You’ll need to make a drawing of your project to be submitted with the application form. View lists of sample drawings at one of the following pages:

Minor Construction Projects. These include boat docks, piers, boathouses, fences, steps, shoreline-based shelters, and others.

Major Construction Projects. These include commercial marinas, community docks, barge terminals and mooring cells, utility crossings, bridges, culverts, roads, wastewater discharges, water intakes and sewage outfalls, dredging, placement of fill, and others.

You may copy any of these sample designs and add your specific project dimensions, develop you own drawings, or use professional engineered drawings for more complex projects.

3. Fill out the application formYou may apply online or print out your application and mail it to TVA.

Apply and pay online.

The Joint Application Form and the Applicant Disclosure Form are required to submit an application.

To use the printed forms, choose one of the following:
PDF files require Adobe Acrobat Reader, DOC files require Microsoft Word

• For the electronic version, type in the information online, then print out the completed form, and sign and date it.ELECTRONIC Joint Application Form (DOCX, 30 kb)ELECTRONIC Applicant Disclosure Form (DOCX, 26 kb)

• For the PDF version, first print the form, then fill it out in ink, and sign and date it.
Joint Application Form(PDF, 89 kb) Applicant Disclosure Form (PDF, 85 kb)

The application should include a project description that indicates what is to be built, removed, or modified, and the sequence of the work.

4. Identify the geographic location of your project

If you are mailing your application to TVA, provide a map that clearly shows the location of the proposed facility. An 8.5- by 11-inch copy of one of the following is ideal: a TVA land map (D Stage land map available from TVA), a subdivision map, or a portion of a U.S. Geological Survey topographic map. Be sure to include your subdivision name and lot number if applicable. Also include the map number or name, if available. Recent photos of the location are also helpful. See a list of TVA reservoirs and a Tennessee Valley map providing information on which Watershed Office serves your reservoir or watershed area. Contact the appropriate Watershed Office for more assistance or if you have questions about the location of your project.

5. Include the correct fee See the table of fees below.

6. Submit the applicant’s package

The applicant’s package includes the project description and drawing, two-page application form, and fee. Applications must be sent to the appropriate Watershed Office.

What happens after you submit your application?

Once your application is received, we will review it to make sure it is complete and that the correct fee is included. You will be contacted if additional information is needed. TVA staff will visit the project site as part of the review process. On most minor projects that meet construction guidelines, approval will be received within 45 days. On major projects where modifications are not required, approvals will be received within 90 days. Some projects that are complex or involve substantial environmental or engineering issues may require the preparation of an Environmental Assessment or an Environmental Impact Statement. On these projects, TVA will meet with applicants to determine schedule and costs of project review.

TVA Permitting Fees

Pursuant to federal regulations, applicants are required to reimburse TVA for the cost of processing a Section 26a permit application (18 C.F.R. Part 1310). This practice ensures that the people who directly benefit from the permit are responsible for the cost of the service provided. TVA has implemented an application fee schedule to facilitate this reimbursement. These fees are based on the cost to TVA of providing this service. TVA will continue to examine its costs of providing these services and, if these costs change, application fees will be adjusted accordingly. TVA incorporates sound business principles into its daily work and continually strives to improve its efficiency in order to reduce its costs of doing business.

Standard Applications

The fee schedule for standard applications is based on an analysis of TVA’s costs for processing applications. These costs include site investigations, record searches, analysis for conformance to TVA requirements, environmental review, permit preparation, and related activities. Paying the fee does not guarantee approval of the permit, and the fee will not be refunded if the application is not approved.

On-reservoir activities / Initial Fee
Applications from adjoining property owners for docks, boathouses, or other minor shoreline alterations / $500
Applications from adjoining property owners for marinas, community facilities, barge terminals, bridges, or other major shoreline alterations. / $1,000
Applications from local, state, or federal agencies for major shoreline alterations. / $500
Applications for transfer of ownership of existing permitted facilities.* / $250
*Existing facilities not constructed in accordance with plans approved by TVA do not qualify for a transfer of ownership and will be assessed a $500 or $1,000 application fee associated with minor or major shoreline alterations, respectively, depending upon the nature of the facilities.
Off-reservoir activities / Initial Fee
All applications for minor or major construction activities or for transfer of ownership of existing permitted facilities. / $250

A single permit application may include more than one construction activity at the same location for a single fee (e.g., a dock and bank stabilization). If another application is later made for additional activities or to modify previous permits, a separate fee will be charged for each new application.

These figures reflect TVA’s review costs only. Fees from other service providers and state and federal agencies may also be required.

On-reservoir and off-reservoir activities

On-reservoir activities include Section 26a permit requests across, along, or in TVA reservoirs and regulated rivers and streams in the Tennessee River Watershed. Regulated rivers and streams are those rivers and streams located downstream of TVA dams and which are directly impacted by the operation of TVA dams. Off-reservoir activities include Section 26a permit requests on all other perennial rivers and streams in the Tennessee River Watershed.

Note: Site specific conditions may impact the review and approval of your application. Applying does not guarantee approval. TVA may change its application fees and/or its Section 26a rules and procedures from time to time. Contact your local regional watershed office for more information and clarification.

Shoreline Construction Permits

Online application and inquiries

Permit applications and inquiries regarding shoreline construction activities can now be submitted online. See How to Apply for more information and instructions or get started now.

Frequently asked questions about the new application.

What is Section 26a?

The TVA Act is the legislation passed by Congress in 1933 that established the Tennessee Valley Authority. Section 26a of that act requires that TVA approval be obtained before any construction activities can be carried out that affect navigation, flood control or public lands along the shoreline of the TVA lakes or in the Tennessee River or its tributaries.

What is the purpose of Section 26a?

Section 26a is designed to ensure that construction along the shoreline and in waters of the Tennessee River system does not have a negative effect on the agency’s management of the river system. Likewise, any construction should not interfere with TVA's ability to carry out what the TVA Act describes as the “unified development and regulation of the Tennessee River.”

TVA reviews over 2,500 construction proposals annually to ensure that shoreline construction activities are compatible with all aspects of TVA's integrated management of the river system, including flood control, navigation, land use, recreation, power generation and water quality.

Permit approvals for construction under Section 26a are considered federal actions and are therefore subject to the requirements of the National Environmental Policy Act and other federal laws.

What types of construction projects need approval?

Typical structures and projects that require TVA approval include boat docks, piers, boat ramps, shoreline or stream bank stabilization, bridges, culverts, commercial marinas, barge terminals and mooring cells, water intake and sewage outfalls, and fill or construction within the river floodplain. View more information at Minor Construction Projects and Major Construction Projects.

Section 26a regulations apply to both the location of construction projects and the types of activities carried out. Permits are not required for certain types of activities. See Regulations.

Where do Section 26a regulations apply?

The regulations apply to the entire Tennessee River watershed. The watershed is divided into seven sections, each overseen by a TVA Regional Watershed Office that issues permits for shoreline construction activities in its area. View a map of the watershed showing the seven divisions.

Construction permits are needed for both on-reservoir and off-reservoir activities:

• On-reservoir activities are those that occur in, across or along TVA reservoirs and regulated rivers and streams in the TVA region. Regulated rivers and streams are located downstream of TVA dams and are directly impacted by the operation of the dams.
• Off-reservoir activities are those that occur on all other perennial rivers and streams in the Tennessee River watershed. The construction standards outlined on this site do not apply to off-reservoir activities, which are considered on a case-by-case basis.

What other permits are required?

Other permit approvals may be required. These include U.S. Army Corps of Engineers Section 404 and Section 10 permits, and state water quality certification Section 401 permits (see links, top right).

How do I apply for a permit? See How to Apply for detailed instructions.

Note: Site specific conditions may impact the review and approval of your application. Applying does not guarantee approval. Contact your local regional watershed office for more information and clarification.

Construction and Operation Standards

TVA has adopted construction , maintenance, and operation standards for facilities and activities on , over, or along the Tennessee River and its tributaries, including all TVA reservoirs. Where specific standards are not available for the intended construction activity, applicants should contact the appropriate TVA Regional Watershed Office for guidance and information on proper submittal of their Section 26a application.

Information

The links below provide information on standards for certain types of structures and equipment.

Residential shoreline structures Nonnavigable houseboats
Indefinite or temporary moorage of recreational vessels
Fish attractor construction and placement Navigation restrictions
Development in flood-control zones Fuel-storage tanks
Wastewater outfalls and septic systems Marine sanitation devices
Flotation devices and material

Regulations Subpart C: TVA-Owned Residential Access Shoreland

Sections:

1304.200 Scope and intent 1304.201 Applicability
1304.202 General sediment and erosion control provisions
1304.203 Vegetation management 1304.204 Docks, piers, and boathouses
1304.205 Other water-use facilities
1304.206 Requirements for community docks, piers, boathouses, or other water-use facilities
1304.207 Channel excavation on TVA-owned residential access shoreland
1304.208 Shoreline stabilization on TVA-owned residential access shoreland
1304.209 Land-based structures/alterations
1304.210 Grandfathering of preexisting shoreland uses and structures
1304.211 Change in ownership of grandfathered structures or alterations
1304.212 Waivers

§ 1304.200 Scope and intent
Subpart C applies to residential water-use facilities, specifically the construction of docks, piers, boathouses (fixed and floating), retaining walls, and other structures and alterations, including channel excavation and vegetation management, on or along TVA-owned residential access shoreland. TVA manages the TVA-owned residential access shoreland to conserve, protect, and enhance shoreland resources, while providing reasonable access to the water of the reservoir by qualifying adjacent residents.

§ 1304.201 Applicability
This subpart addresses residential-related (all private, noncommercial uses) construction activities along and across shoreland property owned by the United States and under the custody and control of TVA. Individual residential landowners wishing to construct facilities, clear vegetation and/or maintain an access corridor on adjacent TVA-owned lands are required to apply for and obtain a permit from TVA before conducting any such activities.

(a) This subpart applies to the following TVA-reservoir shoreland classifications:
(1) TVA-owned shorelands over which the adjacent residential landowner holds rights of ingress and egress to the water (except where a particular activity is specifically excluded by an applicable real estate document), including, at TVA’s discretion, cases where the applicant owns access rights across adjoining private property that borders on and benefits from rights of ingress and egress across TVA-owned shoreland.
(2) TVA-owned shorelands designated in current TVA Reservoir Land Management Plans as open for consideration of residential development; and
(3) On reservoirs not having a current approved TVA Reservoir Land Management Plan at the time of application, TVA-owned shorelands designated in TVA’s property forecast system as “reservoir operations property,” identified in a subdivision plat recorded prior to September 24, 1992, and containing at least one water-use facility developed prior to September 24, 1992.

(b) Construction of structures, access corridors, and vegetation management activities by owners of adjacent upland residential property shall not be allowed on any TVA-owned lands other than those described in one or more of the classifications identified in paragraph (a) of this section.