Douglas Lake Property
Below the 1002′ contour
When Douglas Lake was created, TVA acquired all of the lands that now make up Douglas Lake. They then created a flowage easement (and area where they could inundate with water) at both the 1002′ contour and the 1007′ contour. Then TVA granted most of the land back to the original landowners.
These landowners began to divide their lands. Often, the surveyors cut off the land at the 1002′ contour as anything below it was essentially useless. This practice went on until well into the 2000s.
At some point, some industrious persons decided to purchase the remaining lands below the 1002′ contour from the various heirs. They then proceeded to “close off” these lands to everyone, claiming that everyone was trespassing.
This prompted TVA to begin requiring anyone seeking a dock permit to prove that they had the right to use the land below the 1002′ contour.
If you have land or are purchasing land on Douglas Lake, you will be well served to ensure that you have legal access to the adjoining lands below the 1002′ contour. If you do not, you do not have lake access. You can look all you want, but you can’t touch.
The lake height is over the top today! You should not let it go above its levels because it is destroying peoples property lines, their docks, stairs and it just is mind boggling that no one sued you all for damages!
Ok, so I am not the government and don’t control the lake.
On May 29th at 10:00 pm, the reservoir level (lake) of Douglas Lake was at 998.34*. It can still go up 3.66 feet before it reaches the 1002′ contour, which is the 100-year flood.
TVA has a flowage easement up to the 1007′ contour. Anything constructed below that (docks included) are done at the peril of the landowner.
And one last thing, the only way someone can sue the federal government is to get permission from the federal government to sue the federal government. Also, TVA, while an independent agency, is controlled by the federal government to some degree. So suing is not such an easy prospect.
*go here to get the app
https://www.tva.com/environment/lake-levels/tva-lake-info-app
TVA is doing a great job controlling the lake. The only two itdd we ms needing improvement is better communication. The web site needs to be improved. The other is keeping the lake level at 996 longer in the fall and publish a ‘we are lowering the lake on this date ##|##|##.
Still trying to figure out why you are posting this on a private survey company’s website, but sure, sounds like a plan.
Of course, you could download the TVA Lake app and see a lot of what you are looking for.
Hi Tim,
What is the lowest elevation that the soil can be disturbed for a concrete slab on Douglas Lake?
Without a permit from TVA, you are not supposed to alter anything below the 1007′ contour. The purpose stated for the creation of Douglas Lake (when the flowage easements were created) was primarily flood control and a secondary purpose of electric generation. So, using that logic, if you do anything that increases the volume of the lake, you are aiding in flood control. If you do anything that reduces erosion and thereby decreasing the amount of sediment that forms, you are stabilizing the lake, and thus aiding in it’s ultimate purpose by keeping the volume up.
There is an old adage, “Better to ask for forgiveness than permission.”
Tim, not sure your the guy to ask, but this post suggests you might know the answer.
I am planning a home on a Douglas lake property. I will be building above the 1003 contour with an 86a permit. But what I don’t know is what the rules would be with regard to a basement.
I would not be building in the 100 year floodplain under 1002′, but I would only be 50′ or so away from it. Could I build a basement whose floor is below the 1002′ in elevation?
I can find all kinds of stuff about building basements in floodplains, but not adjacent to them, and particularly adjacent to reservoir lakes like Douglas.
First, let me say I am not familiar with the “86a permit.” I was not aware you could build below the 1007′ contour. However, assuming this is a thing (and I have no reason to think otherwise), this is my take on it…
Next, there are two different agencies in play here. TVA and FEMA. TVA has some weird notions of what they control, give that most lands around Douglas Lake are privately owned with only a “Flowage Easement” encumbering them. They more see it as a horizontal location than vertical, but this is a whole other rant. FEMA doesn’t care about this easement; they are concerned about the flood aspect. (FEMA is the controlling factor for most flood insurance rates)
It is not common (but not unheard of) for a lender/insurer to require an Elevation Certificate (for flood insurance) along the lakes. These are zone AE, which means a base flood elevation (BFE) has been established. In the case of Douglas Lake, that elevation is 1002′. It is very common if the land you are building on touches a “special flood hazard area” that a lender will require flood insurance. Again, the lakes can get a bit wonky. I have done a few elevation certificates along the lakes, but only a few.
Now, if you were required to have an elevation certificate done, we would have to show several elevations: lowest floor (basement), next higher floor, highest and lowest adjacent grades (HAG and LAG), and a couple more. One of the most controlling elements is the finished floor (FFE). That is the level of the house that is actually habitable and finished out. A crawlspace is not an FFE.
FEMA determines insurance rates by setting the premium and then giving discounts as you check off certain elements. You get a discount if your FFE is 1 foot above the BFE. If you have a crawlspace with adequate flood vents, you get a discount…
If the house was built as you claim, the basement floor would be below the base flood elevation. You would likely not get very good rates. For example, a home with a mortgage $180k and has insurance coverage for 100% of the loan value. It is a slab on grade and that floor is 0.1′ (about 1-1/4 inches) above the BFE. The insurance for this house is $1300 per year. A house adjacent to this one, with a finished basement (that was about 3′ below the BFE) would have had a rate closer to $4000 per year.
So, to answer your question, TVA isn’t going to necessarily care, but if you are required to carry flood insurance AND they make you get an elevation certificate, you may be screwed. Remember, only the lender actually requires flood insurance. So if this is a cash build, you wouldn’t necessarily need it. But if you ever went to sell…