Ala. Admin. Code r. 160-X-6-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 160-X-6-.01 - Approvable Water Use Facilities And Improvements On Managed Lands

This section defines water use facilities and other improvements permissible in the reservoir and on the BCDA managed shoreland. It establishes procedures for obtaining a BCDA water use facility permit and/or license for use of the shoreland. Commercial, public and semipublic recreation and industrial facilities require submission of application to TVA and the Corps of Engineers and are not covered in this section.

(1) Private Noncommercial Water Use Facilities: The following items may be constructed or installed in the reservoirs fronting managed lands that have been designated for reservoir operation. They require BCDA approval, issuance of a BCDA Water Use Facility permit, and payment of an annual fee. A BCDA Water Use Facility Permit authorizes construction, operation, and maintenance of specified facility at designated location on the shoreline and the right of walking access from adjoining private property to the water use facility. The applicant must (1) be the fee owner or owner of rights to property abutting the managed lands or be the owner of rights for use of the managed lands. All facilities and improvements must be constructed in a manner which does not block access by the general public to the reservoir waters or shoreline and maintained in good order and appearance. Access by the general public to the reservoir waters or the shoreline refers to pedestrian access and does not include vehicles.

All facilities shall be so constructed as to prevent their floating into the reservoir upon flooding and shall not contribute to undue erosion or deterioration of the shoreline.

(a) Piers or Docks. Fixed piers or docks shall not protrude more than 30 feet into the reservoir at normal summer pool level (See Table A). In cases of potential conflict with boating traffic or adjacent facilities, more restrictive requirements may be imposed.

1. The maximum width of a fixed pier or dock shall be 6 feet.

2. The deck of a fixed pier or dock must be at least 1 foot above summer pool level (See Table A).

3. Fixed piers and docks shall be located in front of the applicant's property and located and oriented as approved by BCDA.

4. Only one pier or dock may be constructed by the fee owner or owner of rights to property abutting the managed lands.

5. Owners of back lots with rights for use of the managed lands may construct individual piers or docks except where BCDA determines that sufficient shoreland is not available to accommodate such owners. Application for joint use will be considered at these limited access locations.

6. Piers or docks may have a single enclosed storage locker or no more than 25 square feet and maximum height of 3 feet.

7. Floating piers and docks are permissible only at public or commercial boat launching ramps and require TVA and Corps of Engineers approval.

(b) Retaining Walls for Erosion Control.

1. The wall shall be constructed of stone, concrete or other material acceptable to BCDA.

2. The base of the wall shall not be located more than an average of 2 feet lakeward of the shoreline as it exists at the reservoir's normal summer pool level (See Table A).

3. Excavation shall be kept to the minimum required for construction and placement of the wall, and any excess spoil material shall be placed above the 100 year flood elevation. (See Table A) in accordance with plans approved by BCDA.

(c) Shoreline Protection and Riprap for Erosion Control.

1. The material for riprap shall be quarry stone or other equivalent material acceptable to BCDA.

2. The material shall be placed along the general contour of the bank.

3. Site preparation shall be limited to the work necessary to obtain an adequate slope for placement of the material.

4. Any excess excavated material shall be placed above the 100 year flood elevation (See Table A) in accordance with plans approved by BCDA.

(d) Water Intakes For Domestic Use.

1. The line must be installed in a manner that will not obstruct boating traffic or constitute a hazard to the public.

2. Water lines crossing BCDA managed lands to private property require separate approval from BCDA.

(e) Floating Ski Jumps.

1. Ski jumps may be approved at the discretion of BCDA for use during authorized shows or events but must be removed immediately after the event.

2. Facility may remain overnight during the show or event if properly anchored to an approved pier or the shoreline.

(f) Utilities Serving Water Use Facilities.

1. Utilities must be installed in such a way as not to be hazardous to the public, interfere with BCDA operations, or TVA's operation of the reservoir.

(2) Improvements on Managed Land. The following items may be constructed or installed on the BCDA managed land above the normal summer pool level (See Table A) upon approval by BCDA, issuance of BCDA Land Use License and payment of annual fee. The BCDA Land Use License only authorizes the proposed use of the land and construction, operation, and maintenance of facilities approved in advance and in writing by BCDA. The applicant must (1) be the fee owner or owner of rights to property abutting the managed lands, or (2) the owner of rights for use of the managed lands. All facilities and improvements must be constructed in a manner which does not block access by the general public to the reservoir waters or shoreline and maintained in good order and appearance. Access by the general public to the reservoir waters or the shoreline refers to pedestrian access and does not include vehicles.

(3) All facilities shall be so constructed or anchored to prevent their floating into the reservoir upon flooding and shall not contribute to undue erosion or deterioration of the shoreline. All facilities shall be maintained in a good, safe, and substantial condition and shall meet requirements of appearance and location acceptable to BCDA. BCDA shall have the authority to revoke licenses to comply with terms and conditions of the license. A fee will be charged for all licenses on the managed lands which serve private properties not acquired from BCDA.

(a) Removal of Undesirable Vegetation. Only trees 3 inches in diameter or less or vegetation otherwise designated by BCDA as having no commercial or aesthetic value may be removed.

(b) Landscaping and Lawns.

(c) Utilities. The facilities must be installed in such a way as will not be hazardous to the public, interfere with BCDA operation, or TVA's operation of the reservoirs.

(d) Walkways, Steps and Landings.

(e) Terraces or Patios. The facilities may have roofs but no side enclosures including screen or wire mesh. The facility must be a separate structure and located a minimum of 10 feet from the BCDA managed land boundary. The structure shall not exceed 250 square feet in area.

(f) Picnic Tables, Benches and Grills

Author:

Ala. Admin. Code r. 160-X-6-.01

Filed November 17, 1981. Amended: Filed January 10, 1986.

Statutory Authority:Code of Ala. 1975, §§ 33-15-1, et seq.