§ 1304.300 Scope and intent.

Any structure built upon land subject to a flowage easement held by TVA shall be deemed an obstruction affecting navigation, flood control, or public lands or reservations within the meaning of section 26a of the Act. Such obstructions shall be subject to all requirements of this part except those contained in subpart C of this part, which shall apply as follows: (a) All of § 1304.212 shall apply. (b) Sections 1304.200, 1304.203, 1304.207, and 1304.209 shall not apply. (c) Section 1304.201 shall not apply except for paragraph (c). (d) Section 1304.202 shall apply except that TVA shall determine on a case-by-case basis whether it is necessary to remove materials accumulated behind sediment control structures to an upland site. (e) Section 1304.204 shall apply except that the “50 feet” trigger of paragraph (i) of that section shall not apply. TVA may impose appropriate requirements to ensure accommodation of neighboring landowners. (f) Section 1304.205 shall apply except that the facilities described in paragraph (a) are not limited to locations within an access corridor. (g) Section 1304.206 shall apply except for paragraph (b)(3). (h) Section 1304.208 shall apply except that TVA approval shall not be required to conduct the activities described in paragraph (a). (i) Section 1304.210 shall apply except for paragraph (d). (j) Section 1304.211 shall apply except to the extent that it would restrict mowing or other vegetation management. (k) Nothing contained in this part shall be construed to be in derogation of the rights of the United States or of TVA under any flowage easement held by the United States or TVA.