My deed description is clear that my property ends at the wall and doesnt continue towards the creek. We have property that has a creek that supplies water for irrigation and we we're never getting enough like we usually did. The waters may be owned by the state, but the ground underneath them may be privately owned. They told me they had to stop somewhere with the water line, so they stopped 750 feet from my property line. That is a tricky question. Additionally, a dam failure could mean loss of a vital resource to you. If you are having a dispute with a neighbor, these are some of the options I see that you have. My suggestion is to figure out why the water makes such a mess on your land and see if you can figure out how to re-route it to make it less messy. Talk with the title company, Realtor, and look into any title insurance you may have. It used to be flat straight across my yard not its 3-4 feet wide and 3-4 feet deep. If it is not an isolated pool or pond that is sealed from ground seepage or overflow, it is subject to State review. The water district refused to extend the water line any further. The land is downhill from that point so all the water now travels down my drive and has completely washed all my gravel away and is leaving deep ruts in the drive. NCSL conducts policy research in areas ranging from agriculture and budget and tax issues to education and health care to immigration and transportation. Other than insurance what can we do to protect ourselves of liability? I even told them I would pay to have the line installed and they still told me no. Every inch my banks erode causes him to gain an inch. I have been to the office in Lenoir City twice and walked aways with two different answers. Where degradation to water quality will occur, the regulations allow that where an applicant can demonstrate a substantial need, such as a public water supply, or can demonstrate that it will only have insignificant consequence may a permit be approved. I dont know the specifics of those easements, but I assume that that is what gives them the authority to control docks. Great Smoky Mountains National Park is a special place for many people. As for your situation, I dont know. However, that law did not change the specific portion of the law (in Tennessee Code Annotated 39-17-1311(a)) which prohibits carrying guns or other weapons in Tennessee State Parks. Can they do this OR do I have any recourse? Do I need a permit to do this? First off, a surveyor is not a legal advisor. Is it legal for me to put a floating dock on my property over what would be considered their land? 1. Any user of this information accepts and assumes all responsibility for the use or misuse or interpretation of this data and . Beaverdam Creek, Hickman County, Tennessee. The river you allude to isnt about contaminants, it is about how the water flows into your land. This seems very illegal. The creek bed follows the exit of those culverts and is onto that property and runs across it. Today I see a tree has fallen across the Blue Springs Creek in Greeneville, TN. Contact your local, state, and/or federal representatives to solicit assistance with this matter. Dr. George Grant (paraphrased). This would be a call for an attorney well versed in land law and would likely require a judges decision. Some will argue that clearing brush changes the nature of the stream and can impact the aquatic and terrestrial life dependant on it. Then damming it up would have additional benefits . I dont have any intentions of stopping the creek just causing it to rise just a couple of feet then spill over. The utility district crossed over in to another county (my county) to provide water to 3 residents that live about 400 feet from me. 5. Here is a link to their FAQ regarding dock permitting. 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. Rivers and creeks may be different in how they are owned. You would need to see the deeds to know (and possibly state law on interpreting who owns what). i really could use some advise on rather or not I could win if i take him to court. As I dont know the topography and what it involved, this may be a moot point altogether. The state's private dams are, on average, 60 to 70 years old. As for the change in the flow of the creek: My best guess on this is also the Department of Environmental Conservation. Does the public have access to the creek? Or, if you are in the streams floodplain, it may have naturally redirected and there are a lot of other issues to consider. Just trying to get it initially filled would go much faster by using the river that is right there. We were told that we cant do anything to the creek ( removing dead trees, clearing out brush, etc.) I looked it up and its actually zone 1 which means NON-TVA shoreline. That, I cannot speak to exactly. When I inquired about hooking my property up to the utility district water line, the district told me no. Can a logging company cross over a stream with damaging trucks and logs ? i live in tullahoma tn. This would include a fence. That being said, in Tennessee, if you are doing things for agricultural purposes, many of the conservation laws are not applicable. Time isnt on your side here. You would need to see if these people bothered to get a permit to change the flow. If we own it, why do we have to pay permits to put a dock on our dry land that part of the year, the water comes up toit is after all, our land? I can say that all water falling on the state of Tennessee is Waters of the State (according to a TDEC employee). And my other neighbors culvert pipe came out of his driveway and water started backing up pooking in my yard and couldnt drain fast enough out of my culvert at the road. Even if you physically dont, you may still hinder traffic. Therefore, the permit holder must have the permit in their immediate possession at all times when carrying a handgun . I believe a doc permit specifies its location. It is clear that in Tennessee that a landowner who removes or disturbs vegetation that accelerates and/or concentrates the flow of water that causes flooding on the property of a lower landowner is liable for the damages caused by the flood. The problems with your particular case is that if TDEC doesnt do anything about it, you will be left with a civil case. We have done a lot to keep the water on its course toward the lake. The National Inventory of Dams (NID) documents all known dams in the United States and its territories that meet certain criteria. Likely, you would need to contact either your local Department of Environmental Conservation or the Tennessee Department of Environmental Conservation. I would check if there are any water rights on the creek first and for how much water. A lot will hinge on if TDOT obstructed the floodway or not. A family purchased 300 acres and started a farm and immediately altered the natural course of the river with heavy equipment to prevent anyone from having access to the river or lands beyond. It is not uncommon for bureaucracies to hem/haw around. Upstream would actually help prevent flooding. If you take TN 91 northeast out of Elizabethton, TN it will parallel Stony Creek for much of its length with other access via side roads. Answer (1 of 153): This could be a very serious situation for your neighbor, depending on where you live. It is of interest to note that the limit of control extended by any of the aforementioned agencies goes beyond just the water. This will likely require a legal interpretation but one that could likely be gotten from TVA. Our property has a creek on the property line. as its a state protected waterway. Thanks. Do you have access to rocks? Does this sound doable? There is so much nature that depends on this creek which is now dry. This is something I would suggest you speak with TDEC about, either at a state level or your local office. Since this development, our steam has run dry. Land owners here has rights that lots of places dont have. My neighbor has said no, does this neighbor have legal rights to block public utility water? As you can see, the answer and subsequent judgment may cost more than the lost land is worth. Can anything be done about this other than me paying to run more pipe underground the length of my backyard to the street? 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. 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. The creek would flow much better and eliminate some of the flooding if it were straightened out from the back of my property to where it hits the second 110 bend. Without the specifics of the property, the title work, the easements in place, etc, it is nearly impossible to make an accurate answer to that. This typically doesnt mean that someone can get the water to that point and then let nature take its course. But more to the point, the water flow onto your property is likely the same as it was 10, 20, or even 50 years ago. A dam failure, resulting in an uncontrolled release of the reservoir, can have a devastating effect on people and property downstream. Your email address will not be published. A small creek borders the property on the east side. If this is a county or city road, you would have to talk to the locals. Around three years ago the property began to hold water during times of heavy rain. Concede it all and move on. And my banks are mush and very unstable. Phone: (423) 632-1552, These categories are: High Hazard, Significant Hazard. We have recently purchased property on Ft Loudon lake in a deep water cove. Come join the discussion about livestock, farming, gardening, DIY projects, hobbies, recipes, styles, reviews, accessories, classifieds, and more! TVA then gave back much of the land to the original farmers with the flowage easements in place. NCSL's experts are here to answer your questions and give you unbiased, comprehensive information as soon as you need it . THIS WILL KEEP YOU INFORMED OF COMING EVENTS, FOOD SPECIALS AND LOCAL AREA INFORMATION The tenancy must be agricultural in nature. 3. Dead specimens harvested by sport anglers may be moved and used for bait, unless otherwise restricted. So I figured I would dam it up to about 4 foot just incase of a heavy rain causes it to rise a considerable amount. There are numerous springs in the area which utilized the drop of the old creek location and are now backing into/onto our property. This is a case-by-case issue. For example, in Arkansas, if a waterway supports commerce, it is considered navigable. 2 It is important to understand that the entire stream bed is to be included in the width, not just the area covered by water on a given day. I found out he NEVER went through state or local offices to obtain any permits. Landfills have LOTS AND LOTS of contaminates AND are typically ALL disturbed land. If its a public road, then no. Youre responses are exceptionally well written and informative. i don't think the railroad ties would last very long. A dam failure, resulting in an uncontrolled release of the reservoir, can have a devastating effect on people and property downstream. I was wondering if me and my cousins could take kayak or canoes down creeks around my house and fish with out getting on the shores of the creeks or If the property owners could stop us from doing so or charge us with trespassing the creeks would include Hines creek which starts in union county behind my house and runs into the clinch. Options 1-3 may be done without having an actual survey. Construction and operation of an actual dam requires an approval certificate from TDEC and compliance with TENN. CODE ANN. There is an accompanying park and they want people to visit and linger. It is hard to fight with a governmental agency, especially when the support you need to fight with is also a governmental agency. Now, if you or your neighbor do not own the land below the lake and it is not owned by TVA, then you may want to take this up with the landowner. Then, as you mentioned, there are caskets AND concrete vaults. "Do you believe in the devil? These negative water quality effects often persist for great distances downstream of the impoundment footprint. If there has been a change in the streams channel, you may want to look upstream to see why. Your quest should start with your local department of conservation. I am dealing with a utility district who has provided city water to everyone on my street except me. Once it is done, I dont know the ramifications. Seneca, You may be better off bypassing the creek into and out of your pond with a small pipe. If your property does fall under one of the above mentioned situations, then you would have to file for a permit with the appropriate agency to build or alter the stream bed/flow in any way. My property line is the 813 contour line. It is also flooding every neighbors yard between our house and the new construction. They told me I would have to run my own line in front of my neighbors home on their property and get permission from my neighbor to do so. The destruction of a dam is something that I am sure has legal ramifications. I have three. In many, they only own the water. How where they able to get permission to build a wall and is that legal. In some states, if the waterway is considered navigable, the state owns the bed. One person says one thing and another says something different. At least 12 feet of my water line is now exposed. It might make for a hostile home environment if you jump right to the authorities. 312 Rosa L. Parks Avenue,11thFloor Three riparian proprietors on lake each owning lake bed for wharfing out to navigable waters. Should that happen, is it our responsibility? We own the land and its private property. It has been years since I posted my question. If the State or Federal government has deemed the stream to be navigable, then no you may not fence it. That is definitely a question of easements. Reviewing plans for new dam construction. 3,577 were here. Cooper Creek 17 2,164 ft Yarberry Peninsula None 841 ft Poteete Creek None 1,832 ft North River Composite 31 1,970 ft Norris Dam State Park None 1,262 ft Amicalola Falls State Park None 1,779 ft Hanging Dog 49 1,668 ft Holly Flats 17 1,935 ft Double Camp/Citgo Creek 50 1,486 ft Shoal Creek - Lake Lanier None Any medical bills directly related to the water damage, either for physical injury or mental distress. Thoughts? Thank you for your time and hard work! But this would be much less than what you would get from a golf course or farm. The construction of dams on streams or creeks in Tennessee, as mentioned above, requires an Aquatic Resource Alteration Permit from the Tennessee Division of Water Resources in most cases. If your property exhibits plants of an aquatic nature or are those that require saturated soil conditions, you must receive a permit to fill, dredge, or alter these in any way. Do some title work, see if there is any legal encumbrance of your land for their use or for the use of the neighborhood. A body found in a creek near the Kentucky-Tennessee line on Wednesday afternoon has now been identified. I have contacted several departments and they just keep saying, We arent responsible for private property. This morning they actually came out and posted a huge sign stating; End of County Maintenance at the end of the blacktop. Outdoor Hub, LLC (d/b/a Carbon Media Group), 30800 Telegraph Rd, Suite 1921, Bingham Farms, MI 48025 USA. Where do I start? In Tennessee, we typically own to the centerline, except some of the more major rivers were you may only own to the top of the river bank. There may be a local office at the county level you could talk to as well. Only you can decide how much you are willing to invest before pursuing this course of action. William R. Snodgrass Tennessee Tower Being a Sheriffs deputy, my friend was up on Missouri law and had stated that they have the right to use the waters of the state, but not to use any land. No fee is required for an alteration permit. You are correct that for hydro power it would be too small to do much more than power a few LED lights. If no permit was issued, there may be all sorts of things coming their way. I live on a public road like anyone else. There are a lot of pump systems that may work, but if you can get a flow from the stream to the pond with a means to take the overflow back to the stream, you may not have to use well water at all. I live in Cheatham Co. Sams Creek runs on my property. The creek used to have a 12 foot drop over approximately 150 feet where the pond was put in. There are many who live by the motto, Better to ask for forgiveness than permission. However, this can lead to very costly issues. The Barren Creek Dam failure caused the destruction of hundreds of homes and businesses. Sections SEARCH After all, a dock is impeding on the flowage easement, because if it werent, it wouldnt touch the water. Contact your local stormwater person, talk with them. In addition, a catastrophic event, such as a river jumping its banks and relocating 2 miles away from its previous channel does not move the peoples property lines those 2 miles. Assuming that none of the above situations apply, then yes, you can fence your property line, even down a creek. NCSL actively tracks more than 1,400 issue areas. What am I allowed to do in order to fix the problem? If the dam is under the jurisdiction of the Dam Safety Law of NC, the Division of Land Resources should be notified of the failure and additional actions and permit requirements discussed. Did you ever find an answer to your question? If need be could we place a fence on pond across this line ( barb wire or roped buoy) I have contacted fema and the dnr and they gave me the go ahead. This is the lesson a Tennessee man learned. Through an attorney, sue the neighbor and take them to court. If they are pushing water onto someone else or if they are changing the quality of the runoff (muddying it), then I might suggest you contact the local Department of Environmental Conservation. But I havent seen any that come to mind. IMHO i think some combination of rock and dirt with a culvert would be best. 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. This is causing a blockage of the drainage and all of us upstream are suffering some pretty extreme flooding situations. Contact your local, state, and federal offices that deal with things that are relevant to your situation (Health Department, Department of Conservation, etc.). 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. Three feet from the bottom of my wall and on the creekbed is a Greenway maintained by a municipalitys parks department. You can look to TCA Section 69 for information on water ways but most of your regulations will come from the EPA, USACE or TDEC. If you want to change the flow, you will need to seek permission from local/state/federal agencies. In general, most aquatic species that inhabit a natural free-flowing stream cannot survive in an impoundment. You know, a supreme evil being dedicated to the temptation, corruption, and destruction of man?" TVA & TWRA are they required to acknowledge Riparian Rights of third land owner, they only chorus in unison , LET IT BE. As far as I know, no government is going to deal with the runoff from a house downspout so I doubt there are issues of eminent domain, but you will need to verify if there are easements in place. What are our controlling rights in regards to our portion of pond? It will be too small for anything else. My daughter and son-in-law have a property that has Wagner Creek running through it. My situatiuation: I have lived on my property for twenty years and have been using springs that are located on propertythat is owned by someone else. I have one neighbor between my property and the road. Landowners, their spouses and children, who fish on their farmland which is owned by an individual or a family. Please enable JavaScript on your browser to best view this site. I have a good ideal but no one will ever talk and acknowledge about it. Creek runs through our back yard, the plot of land below us was purchased some years ago, they put a pond in the middle of the creek (dams the creek) & altered the flow of the creek. This SWPPP must be prepared by a Civil Engineer. Enable JavaScript on your browser to best view this site in a deep water cove LOTS of contaminates are! Be a moot point altogether ) 632-1552, these are some of the first! Their FAQ regarding dock permitting would check if there are numerous Springs in the which. Survive in an uncontrolled release of the above situations apply, then yes, may! Accepts and assumes all responsibility for the change in the streams channel you! 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