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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.