---
kind: "section"
citation: "18 C.F.R. § 1304.212"
title: "18"
number: "1304.212"
heading: "Waivers."
url: "https://uscodex.org/cfr/18/1304.212"
---

# §1304.212. Waivers.

- (a) Waivers of standards contained in this subpart may be requested when the following minimum criteria are established:
  - (1) The property is within a preexisting development as defined in [§ 1304.204(a)](/cfr/18/1304.204.md?p=a); and
  - (2) The proposed shoreline alterations are compatible with surrounding permitted structures and uses within the subdivision or, if there is no subdivision, within the immediate vicinity (one-fourth mile radius).
- (b) In approving waivers of the standards of this subpart C, TVA will consider the following:
  - (1) The prevailing permitted practices within the subdivision or immediate vicinity; and
  - (2) **The uses permitted under the guidelines followed by TVA before November 1, 1999.**

## Notes

### Amendments

[68 FR 46936, Aug. 7, 2003, as amended at 86 FR 50636, Sept. 10, 2021]

### Authority

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

### Source

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

### Amendments

[68 FR 46936, Aug. 7, 2003, as amended at 86 FR 50636, Sept. 10, 2021]