§ 1304.109 - Habitable and certain other enclosed structures within the flowage easement areas of TVA reservoirs.

In addition to all other requirements of this part, 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 if it:

(a) Is a fixed enclosed structure having a cost-in-place in excess of five thousand dollars; or

(b) Is designed or used for human habitation, regardless of cost; or

(c) Involves a discharge into the navigable waters of the United States.

Such obstructions shall be subject to all requirements of this subpart, but nothing contained in this section shall be construed to be in derogation of the rights of the United States or of TVA under any flowage easement held by TVA. For purposes of this section enclosed structure shall mean a structure enclosed overhead and on all sides so as to keep out weather.