Tennessee Flowage Easement

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Multi-State
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US-OG-1009
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This is a short form for a flowage easement.

Tennessee Flo wage Easement: An In-Depth Exploration of Easement Types and Definitions Keywords: Tennessee, flow age easement, types, definitions, water management, land usage, property rights, navigable waterways, flood control, hydroelectric power generation, conservation, recreational activities. Description: Tennessee Flo wage Easements encompass a range of legal agreements designed to address land usage and property rights related to water management within the state. These easements are of utmost importance in ensuring the efficient and effective utilization of Tennessee's navigable waterways for flood control, hydroelectric power generation, conservation efforts, and recreational activities. 1. Flood Control Easements: These easements typically grant permission to government agencies, such as the Tennessee Valley Authority (TVA), to temporarily or permanently flood private lands during periods of excessive water flow. These easements are primarily focused on maintaining and managing water levels in reservoirs and dams, in order to minimize floods and protect surrounding lands and communities. 2. Hydroelectric Power Generation Easements: Flo wage easements related to hydroelectric power generation involve granting rights to government or private entities, such as electric utility companies, to construct and maintain dams, reservoirs, and associated structures necessary for the generation of hydroelectric power. These easements often come with necessary land access, which may include the submergence of certain areas during periods of high water levels. 3. Conservation Easements: Tennessee Flo wage Easements also play a crucial role in environmental and wildlife conservation efforts. These easements grant permissions to conservation agencies or non-profit organizations to protect and preserve aquatic habitats, wetlands, or other ecologically significant areas from human encroachment. Such easements aim to maintain biodiversity, water quality, and ecological balance within Tennessee's water systems. 4. Recreational Easements: Many Tennessee Flo wage Easements also account for recreational activities on or near water bodies. These easements benefit the public, granting rights for fishing, boating, swimming, hunting, and other related activities. They ensure public access to water bodies while still balancing the need for responsible environmental stewardship. It's important to note that Tennessee Flo wage Easements are typically negotiated between landowners and respective agencies, with specific terms and conditions varying based on the intended purpose and location. Such easements aim to strike a balance between the greater public interest in water resource management and the protection of private property rights. Overall, Tennessee Flo wage Easements are crucial for managing water resources, mitigating flood risks, harnessing hydroelectric power, conserving natural habitats, and supporting recreational activities. The diverse types of easements highlight the need to address various stakeholders' interests while ensuring sustainable and responsible use of Tennessee's waterways.

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FAQ

TVA has the perpetual right under most easement documents to clear rights of way and keep them clear of trees, brush, buildings, structures and fire hazards. These rights were acquired to allow for the construction, operation, maintenance and rebuilding of transmission lines.

Flowage easements are located on private property, however property owners are restricted from building any structures on the flowage easement without prior written approval from the USACE. Property owners are allowed to remove/change any vegetation within a flowage easement.

If it is determined by TVA's Chief Executive Officer that these fragmented properties have little or no public benefit they shall be declared surplus and sold at public auction to the highest bidder in the same manner as surplus power or commercial properties.

Section 26a of the Act as amended requires TVA approval for any construction, operation, or maintenance of a structure that affects navigation, flood control, or public lands along the shoreline of the Tennessee River or its tributaries. Real property owned by the United States and under the custody and control of TVA.

Consents and/or easements for any utility, access road, etc. will be limited to a maximum of 20 feet in width within the FirstEnergy rights-of-way unless provisions are defined in the easements, deeds, etc.

Vegetation. Cutting, damaging, pulling up or driving nails into trees, shrubs or other vegetation is prohibited. Violators will be subject to all costs associated with the property damage, including the value of the damaged vegetation and/or the cost to restore the vegetation.

The Tennessee Valley Authority Act of 1933. Section 26a of the Act as amended requires TVA approval for any construction, operation, or maintenance of a structure that affects navigation, flood control, or public lands along the shoreline of the Tennessee River or its tributaries.

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(b) Any fill material placed within the flood control zone of a TVA res- ervoir requires TVA review and ap- proval. (c) TVA shall encourage owners of flowage ... The regulations also apply to certain activities on TVA-owned land alongside TVA reservoirs and to land subject to TVA flowage easements. TVA uses and permits ...We own property with a flowage easement. The flood level on that reservoir is 375. There is a special warranty deed. Structures that create sub-impoundments are regulated under Section 26a of the TVA Act regardless of land rights (TVA fee-owned or flowage easement) at the site ... A complete description of the flowage easement can be found in the deed to the property or within the chain of title for the property. If your land is ... Sep 20, 2000 — This subpart governs use of privately-owned shorelands where TVA has acquired flowage easements and thus has the right to flood the land as part ... Aug 7, 2003 — This rule amends TVA's regulations under section 26a of the TVA Act governing the construction, operation, or maintenance of any dam, ... A permit from the U.S. Army Corps of Engineers is required for any dredging, filling, or structures in or over the Tenn-Tom Waterway (including surrounding ... ITALICIZED IN FOOTNOTES) WHICH WILL TAKE YOU DIRECTLY TO THAT. FULL, ORIGINAL DECISION/OPINION. 2. ON EACH OF THE ORIGINAL DECISIONS/OPINIONS, YOU WILL FIND IN. Removal, modification, or establishment of vegetation on privately-owned shoreland subject to a TVA flowage easement generally does not require approval by TVA.

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Tennessee Flowage Easement