Summary
This regulation implements Section 26a of the TVA Act, requiring federal approval for any dam, structure, or obstruction affecting navigation, flood control, or public lands within the Tennessee River watershed. It establishes a comprehensive permitting process with fees, environmental reviews, and appeal mechanisms, and includes specific restrictions on floating cabins, effectively banning new ones and regulating existing ones.
Reason
The regulation imposes a massive compliance burden on property owners and small businesses, violating core property rights under the Tenth Amendment. It creates barriers to entry that protect incumbent water users from competition, while federalizing purely local land-use decisions that rightfully belong to states. The hidden tax of navigating this bureaucracy—application fees, legal costs, delays—far outweighs any marginal benefits, which could be achieved through state-level zoning, common-law nuisance rules, or targeted federal action only where truly interstate navigation is affected. TVA's 'sole discretion' to deny permits for vague reasons like 'adversely affect[ing] sensitive resources' invites regulatory capture and arbitrary power.