---
kind: "section"
citation: "18 C.F.R. § 1304.210"
title: "18"
number: "1304.210"
heading: "Grandfathering of preexisting shoreland uses and structures."
url: "https://uscodex.org/cfr/18/1304.210"
---

# §1304.210. Grandfathering of preexisting shoreland uses and structures.


In order to provide for a smooth transition to new standards, grandfathering provisions shall apply as follows to preexisting development and shoreland uses established prior to November 1, 1999, which are located along or adjoin TVA-owned access residential shoreland.

- (a) Existing shoreline structures (docks, retaining walls, etc.) previously permitted by TVA are grandfathered.
- (b) Grandfathered structures may continue to be maintained in accordance with previous permit requirements, and TVA does not require modification to conform to new standards.
- (c) If a permitted structure is destroyed by fire or storms, the permit shall be reissued if the replacement facility is rebuilt to specifications originally permitted by TVA.
- (d) Vegetation management at grandfathered developments shall be as follows:
  - (1) Mowing of lawns established on TVA-owned residential access shoreland prior to November 1, 1999, may be continued without regard to whether the lawn uses are authorized by a TVA permit.
  - (2) At sites where mowing of lawns established prior to November 1, 1999, is not specifically included as an authorized use in an existing permit, TVA will include mowing as a permitted use in the next permit action at that site.
  - (3) **The SMZ is not required where established lawns existed prior to November 1, 1999.**
  - (4) Any additional removal of trees or other vegetation (except for mowing of lawns established prior to November 1, 1999) requires TVA's approval in accordance with [§ 1304.203](/cfr/18/1304.203.md). Removal of trees greater than three inches in diameter at ground level is not allowed.

## Notes

### Authority

Authority: 16 U.S.C. 831-831ee.

### Source

Source: 68 FR 46936, Aug. 7, 2003, unless otherwise noted.