Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-08 - Rules and Regulations Applied To T.C.A. Section 69-1-117
Section 0400-40-08-.02 - DEFINITIONS
Universal Citation: TN Comp Rules and Regs 0400-40-08-.02
Current through September 24, 2024
(1) For the purpose of this Chapter, the following words shall have the same meaning as in the Water Quality Control Act and the rules adopted thereunder: Board, Commissioner, construction, Department, Director, discharge, Division, person, pollution and waters.
(2) For the purpose of this regulation, unless the context requires otherwise, the following words shall have the definitions given.
(a) "Activity"
means the performance, or carrying out of a project or construction of a
structure.
(b) "Alteration" means
any repair, change, removal, or addition to a structure which may affect the
navigability of rivers, lakes, streams or watercourses subject to this
Act.
(c) "Commence Construction"
means the physical initiation of on site structural or ground work.
(d) "Navigable Waters" means any river, lake,
stream or watercourse, natural or man-made, or their tributaries which have
been adjudicated and held to be navigable in the technical or legal sense,
pursuant to T.C.A. §
69-1-101 et seq. and are not
subject to the Rivers and Harbors Act, 33 U.S.C., § 401 et seq.
(e) "Obstruction" means any work, project,
activity, or structure that obstructs or impedes the capability, in the usual
stage of the water, of unencumbered navigation by such vessels as are employed
in the ordinary purposes of commerce or recreation.
(f) "Ordinary High Water Mark" means the mark
on the shore established by the fluctuations of water and indicated by physical
characteristics such as: the residual particulate matter impressed on the bank
and vegetation, the presence of litter and debris, changes in the character of
soils and vegetation, or other appropriate means that consider the
characteristics of the surrounding areas.
(g) "Ordinary Low Water Mark" means the line
which constitutes the usual or ordinary stage of a river or lake, when the
volume of water is not increased by rains or freshet, nor diminished below such
usual stage or volume by long continued drought.
(h) "Project" means any dredging or disposal
of dredged material, excavation, filling, construction of a structure or
modification to an existing structure, or diversion of waters.
(i) "Structure" means any building, pier,
wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty,
mooring structure, moored floating vessel, piling, aid to navigation, or any
other obstacle or obstruction.
Authority: T.C.A. §§ 69-1-117 and 4-5-201 et seq.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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