Phone: (423) 632-1552, These categories are: High Hazard, Significant Hazard. Im aware that coffins are put in a sealed concrete vault, but with concrete being porous there is still water that is able to get in and out of the vault, not to mention the chemicals involved with preservation of bodies and metals that one might have in or on their body when place into the vault. Hello Timothy, We own some acreage in Greene county. My property line is the 813 contour line. There is ample room to dig it straight through and use the dirt from the new cut through to backfill the existing path of the flow of the creek. Every inch my banks erode causes him to gain an inch. It is an applicants responsibility to show a social or economic benefit that would justify degradation to water quality and show that there is no alternative to achieve the social and economic benefit that does not degrade water quality. Unfortunately, you may need to bite the bullet, pay the fee, and file for a permit to get the answer you are looking for. The hierarchy of evidence places more emphasis on monuments over bearings, distances, acreage. Over time and due to a couple of tornadoes, trees have fallen into the creek further downstream behind other lots that I dont own. Land owners here has rights that lots of places dont have. I would like the top part of tree cut off my fence line however I do not know who to contact for help or to report this problem. The tenancy must be agricultural in nature. I own a home on a private lake that is owned by a resort. When I purchased the home it was listed a water front property that we can fish and included a paddle boat to use on the lake. Different licenses can be purchased, but there are two basic types: TN State Fishing License - required for all anglers, age 13 and over. We have a mostly dry, but labeled creek bed that runs through our property. We would like to go in there and remove all the brush, small struggling trees, and other debris. At least with subsurface water, the water has filtered through soils and rock to reduce many of the contaminants. I have one neighbor between my property and the road. The surface water runoff through the yards and streets largely leads to the lake. Our yard now floods, has caused our yard to stay wet which has caused structural issues with our home (foundational etc). The state's private dams are, on average, 60 to 70 years old. JavaScript is disabled. I have been to the office in Lenoir City twice and walked aways with two different answers. My back yard is getting washed out . I would also recommend you speak with the neighbor as well to determine if there is something he is willing to do to ensure the safety of your property before you sought legal action. Adjustments to a creeks location through human intervention do not constitute a natural process. But as you undoubtedly already know (or you would not have asked the above question) the Tennessee cases . Thoughts? The normal runoff from their lot flows (in a sheet) down across mine. If you want to change the flow, you will need to seek permission from local/state/federal agencies. TVA then gave back much of the land to the original farmers with the flowage easements in place. i live in tullahoma tn. Although, this decision is ultimately up to a court to decide on a per case basis. This is causing a blockage of the drainage and all of us upstream are suffering some pretty extreme flooding situations. A lot will hinge on if TDOT obstructed the floodway or not. There is no set definition of catastrophic, it is something that, should the situation be contested, would have to be resolved in court. It might make for a hostile home environment if you jump right to the authorities. However, once you touch the bottom of the creek or its banks, you are trespassing. There is no power on the property, so would it be possible for me to set up a small hydraulic ram pump to do move the water up a hill? Can we take water out of the stream for a garden or to water livestock? Answer (1 of 153): This could be a very serious situation for your neighbor, depending on where you live. KALISPELL As summertime temperatures heat up and the chance to cool down in the water arrives, Montana Fish, Wildlife & Parks is reminding people that building dams in creeks and streams can have negative consequences for fish. Seriously though, most of the state laws exempt agricultural use from various permits and oversite. Other lakes dont have this situation, either because TVA retained ownership or because the variation in lake level isnt too significant. Here also a detailed map is more than just useful and becomes, in fact, essential. The right of the public to navigate the water is supreme and it includes the right of boating. The width can vary, but in most cases I have seen, they are typically 5 or 7.5 feet on either side of interior lot lines and 10-15 feet inside exterior lot lines. Assuming that none of the above situations apply, then yes, you can fence your property line, even down a creek. Hello. That is definitely a question of easements. If you cannot negotiate with the neighbor and the area in question is not within a right of way, I would say you would likely need to retain a lawyer. Title: Microsoft Word - Creek Maintenance Fact Sheet-KDR EDITS.docx Author: floyd.heflin Created Date: 5/4/2021 3:55:47 PM Neighbor has moved their dock right in front of our property on Cherokee lake. Options 6-10 will require a survey and options 4 and 5 will also likely require a survey. In the end, no matter what someone says beforehand, it all comes down to the person writing the permit. Along the banks it is all overgrown with brush and junk trees. Thank you, I cant get a straight answer from them. This will likely require a legal interpretation but one that could likely be gotten from TVA. If you do not have or want to retain a lawyer, you should look to your title work to see if you have any access written and recorded. This will not be a low cost endeavor but it might be worth it to you. This is a question for your state department of the environment. NCSL's experts are here to answer your questions and give you unbiased, comprehensive information as soon as you need it . So, I would recommend finding an attorney familiar with environmental and boundary law. If the grass looks greener it is probably over the septic tank. The river you allude to isnt about contaminants, it is about how the water flows into your land. Impounded waters become stagnant and are a profoundly different ecological environment than a free-flowing stream. I would say Ive lost as much as 20 or 30 feet in spots. Either way, a survey would identify these issues. As I dont know the topography and what it involved, this may be a moot point altogether. I guess I could dig around and get some big stones. The boundary of one portion is the middle of a stream, and the stream also crosses the property in another area, so we own both banks there. I cannot say if it is legal or not, but I can agree that it isnt moral. Assuming you have legal access to said stream, as far as I know, you can use the water within it. Probably. If I understand this, you are claiming that landowners 1 and 2 are encroaching on landowner 3s ability to enjoy their land. It is not uncommon for bureaucracies to hem/haw around. I live in Franklin County i am having an issue with a neighbor that has restricted the road tile so that the water back up onto me. No, unfortunately, there isnt an office in Tennessee that regulates these rights. | Survival Sullivan. It is of interest to note that the limit of control extended by any of the aforementioned agencies goes beyond just the water. The scenic area is also popular for fishing, picnicking, birdwatching, and sightseeing. Maps show where an immense quantity of rain fell in Tennessee, unleashing devastating flash floods in a hilly rural area crisscrossed with rivers and creeks. 960 helpful votes. JAVASCRIPT IS DISABLED. That will likely take an engineers opinion. We own property on a 75 acre lake thats private to only land owners in Sparta Tn. O.C.G.A. But until something like this happens, they should be able to use all they own. In WA, no one is allowed to dam up a creek, as it is illegal. The National Inventory of Dams (NID) documents all known dams in the United States and its territories that meet certain criteria. The most likely issue I can see arising is causing a decline of water downstream. Hello and thank you for such an informative thread! A body found in a creek near the Kentucky-Tennessee line on Wednesday afternoon has now been identified. Hello! The land that the spring is located on has been transferred three times since 1984. Options 1-3 may be done without having an actual survey. Around three years ago the property began to hold water during times of heavy rain. The drainage creek bordering the back of my heavily wooded property flows to Savannah Bay in Ooltewah. Depending on the size of the pond or lake relative to the watershed upstream of it, the impoundment will typically not stay filled and overflowing -- especially during summer months. For example, I rece. The first step would be to talk to the engineering department within the Utility and discuss the ability to serve your property. NEVER EVER try to use cost as a reason. 3. 4. That will require that you provide expert testimony on the impact of the change to the waterway upon your property. If no permit was issued, there may be all sorts of things coming their way. As the land below the 1075/1002 was unusable due to the easements, developers and surveyors often only deeded land to the 1075/1002 contours. It may be that there are easements in place or it may be that the ditch you claim is only 12 off the road is within the road right of way and not part of the neighbors land. Who is in charge of blue line streams . Maintaining an accurate inventory of the dams within our state. where I live, that would be illegal. But, another public road couple miles out is graveled and has a creek to cross. If there is another major flood in Nashville as in 2010, were concerned the water could do more damage to our property because of the wall built will change the (trajectory),normal direction of the flow of water away from them and into our subdivision endangering lives and property. Can you help me? Crappie will spawn in the major creeks and sloughs, with jigs fished around blow-downs being the ticket. We will keep any tree that is healthy and bigger than six inches diameter. You cannot assume that a gravel road is public or even a private or joint use easement. Given the situation, TVA changed its dock permitting policy and now require a landowner to either show ownership or rights to use the land below the 1075/1002 contours to get a dock permit. Tennessee Wildlife Resources Agency (TWRA) GIS maps are a public resource of general information. Landfills have LOTS AND LOTS of contaminates AND are typically ALL disturbed land. Cedar Creek Dam was completed in . Live specimens shall not be imported into Tennessee or exported from Tennessee by anyone; Live specimens shall not be sold. Here is a link to their FAQ regarding dock permitting. The place to begin is to talk with the neighbor and express your concerns. Settling Into the Winter Rhythm . Can anything be done about this other than me paying to run more pipe underground the length of my backyard to the street? I believe this is a question for a lawyer, but I have never heard of any requirement for an individual to fence anything. A stream would likely contain all sorts of icky things: animal faeces, pesticides, leaching from old dump sites, etc. I have a question about the laws in tennessee on a pond there is a pond on a 1/4 acre that adjoins my property on two side the owner does not maintain pond he will not sell it to me so I can clean it up is it required for the owner to have a fence around pond by state of tennessee. As for boat launching, I dont see how you could launch one from a bridge. I even told them I would pay to have the line installed and they still told me no. Please enable JavaScript on your browser to best view this site. I dont believe a person can legally pour water over onto another, but I am not a lawyer and cant really answer that. 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