[Code of Federal Regulations]
[Title 18, Volume 2, Parts 400 to end]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR1304.204]

[Page 172-173]
 
                CHAPTER XIII--TENNESSEE VALLEY AUTHORITY
 
PART 1304--APPROVAL OF CONSTRUCTION IN THE TENNESSEE RIVER SYSTEM AND REGULATION OF STRUCTURES--Table of Contents
 
    Subpart C--Regulation of Boathouses, Houseboats, Other Floating 
                      Structures, and Harbor Limits
 
Sec. 1304.204  Floating boathouses.

    (a) Floating boathouses may be moored in TVA reservoirs only if:
    (1) They have flotation devices complying with Sec. 1304.3;
    (2) They are approved and numbered pursuant to Secs. 1304.205 and 
1304.206; and
    (3) They are moored in compliance with paragraph (b) of this 
section.
    (b) All floating boathouses shall be moored:
    (1) To mooring facilities provided by a commercial dock operator 
within the designated harbor limits of his dock; or
    (2) To the bank of the reservoir outside the designated harbor 
limits of a commercial boat dock, if the boathouse owner is the owner or 
lessee of the abutting property at the mooring location (or the licensee 
of such owner or lessee) and has requested and obtained from TVA, 
pursuant to Sec. 1304.205, written approval authorizing mooring at such 
location.
    (c) Ordinary maintenance and repair of existing floating boathouses 
permitted to be moored pursuant to this section may be continued, 
including replacement of metal drum flotation as required by 
Sec. 1304.3, but such floating boathouses may not be structurally 
modified or expanded, or replaced, rebuilt, or returned to the reservoir 
when they have been abandoned, destroyed, or removed from the reservoir, 
or have

[[Page 173]]

deterioriated or been damaged, so as to be unusable or unrepairable: 
Provided, however, That such floating boathouses may be so structurally 
modified or expanded, replaced, rebuilt, or so returned to the reservoir 
if they comply with all the requirements of Sec. 1304.205(d) and 
approval is obtained under that section as for a new floating boathouse.

        Appendix--Interpretations of Secs. 1304.203 and 1304.204

    1. Sections 1304.203(a) and 1304.204(a) of Title 18 of the Code of 
Federal Regulations prohibit new nonnavigable houseboats and new 
floating boathouses not meeting the requirements of Sec. 1304.205(d) in 
TVA reservoirs. These sections also provide that existing nonnavigable 
houseboats approved for continued mooring on TVA reservoirs and all 
floating boathouses shall be moored: (1) To mooring facilities provided 
by a commercial dock operator within the designated harbor limits of his 
dock; or (2) to the bank of the reservoir outside the designated harbor 
limits of commercial boat docks, if the houseboat or boathouse owner is 
the owner or lessee of the abutting property at the mooring location (or 
the licensee of such owner or lessee) and has requested and obtained 
from TVA, pursuant to Sec. 1304.205, written approval authorizing 
mooring at such location.
    In all cases where more than one person owns or leases the abutting 
property at a present or proposed mooring location as tenants in common 
or in any other sort of cotenancy, TVA interprets the terms ``the owner 
or lessee of the abutting property'' and ``such owner or lessee'' in 18 
CFR 1304.203(c)(2) and 1304.204(b)(2) as meaning all of the owners of 
such abutting property. The owner or owners of only a fractional 
interest or of fractional interests totalling less than one in any such 
property shall under no circumstances be considered, by virtue of such 
fractional interest or interests only, to be the ``owner or lessee'' of 
such abutting property for the purposes of 18 CFR 1304.203(c)(2) or 
1304.204(b)(2) and, as such, eligible to moor or license others to moor 
as provided therein without the consent of the other coowners.

(Sec. 26a of the Tennessee Valley Authority Act of 1933, as amended (16 
U.S.C. 831y-1))

[42 FR 65149, Dec. 30, 1977. Redesignated at 44 FR 30682, May 29, 1979, 
and amended at 48 FR 9639, Mar. 8, 1983]