The short answer
A Section 26a permit is TVA's approval to build or change something along a TVA reservoir such as Watts Bar Lake. You need one before work starts on a dock, steps to the water, shoreline stabilization and most other shoreline projects. The permit does not transfer automatically at a sale. At Tennessee National in Loudon, Tennessee, ask TVA and your land consultant about the exact homesite.
Key facts
- Section 26a of the TVA Act requires TVA's approval before construction that affects navigation, flood control or public lands along the Tennessee River system.
- Watts Bar Lake is a TVA reservoir on the Tennessee River with 722 miles of shoreline.
- TVA lists docks, piers, boathouses, land-based steps and walkways, and any shoreline stabilization as needing approval.
- A Section 26a permit expires if construction is not started within 18 months of the date it was issued, per TVA.
- Section 26a permits do not transfer automatically at a sale. TVA says a new owner must notify TVA within 60 days.
- Tennessee National is a private, gated lake and golf community on Watts Bar Lake in Loudon, Tennessee.
A Section 26a permit is TVA's approval to build or change something along a TVA reservoir. On Watts Bar Lake you need one before work starts on a dock, steps to the water, shoreline stabilization and most other projects at the water's edge.
Whether a particular shoreline can have a dock at all is a separate question, and Can you build a dock on Watts Bar Lake? covers it. This page stays with the permit itself: what needs one, how to apply, how long it lasts and what happens when a property sells.
What is a Section 26a permit?
It is TVA's approval for a structure or activity that affects the river, the reservoir or TVA's land.
The name comes from Section 26a of the TVA Act. TVA's regulations (18 CFR Part 1304) say the Act requires TVA's approval before the construction, operation or maintenance of an obstruction that affects navigation, flood control or public lands along or in the Tennessee River or its tributaries. Watts Bar Lake is a TVA reservoir on the Tennessee River, so the rule covers all 722 miles of its shoreline.
Two things about the permit catch people off guard:
- It is permission, not ownership. TVA's regulations say a permit conveys no property interest.
- It covers exactly what the plans show. TVA's shoreline construction FAQ says to be sure the plans in the permit match exactly what is built on site.
What needs a Section 26a permit on Watts Bar Lake?
Nearly everything built or changed at the water's edge. TVA's FAQ says that, for the most part, all construction or alterations to the shoreline on TVA reservoirs require TVA approval, even minor changes to a dock.
| Project | What TVA says |
|---|---|
| Dock, pier or boathouse | Needs a permit. The FAQ calls these minor shoreline alterations |
| Steps or a walkway to the water | Needs a permit. Land-based steps and walkways are on the same list |
| Shoreline stabilization, meaning work to keep a bank from washing away | Needs a permit. The list covers any type |
| A change to a dock that already has a permit | Needs a new permit before the change |
| Trimming or removing vegetation on TVA property | Always needs TVA's written approval |
| Boat ramp, dredging, fill, a water intake, a community dock or a marina | Need approval too. The FAQ or the regulations treat these as major projects |
The rule also reaches past the waterline. TVA's Section 26a jurisdiction page says that on TVA reservoirs it typically applies to the limits of the 500-year floodplain or to the upper limits of TVA's flowage rights, whichever is higher. How to read a lot survey explains where TVA's line shows up on a survey. If you are not sure a project falls inside, ask TVA before you start.
How do you apply for a Section 26a permit?
You apply to TVA online, pay the application fee and wait for the permit before any work starts.
- Check that the property can apply. TVA's FAQ says not all waterfront property is eligible to have a dock. TVA's regulations require the applicant to own the land involved, or hold an adequate lease or easement on it. Call TVA's Public Land Information Center with the address.
- Gather what TVA asks for. TVA's online application FAQ lists the location of the project, a description with detailed drawings, the names and addresses of adjoining property owners, at least one photo of the site and details of any earlier permits.
- Apply online and pay the fee. TVA's application instructions say applications go through its online application system and incomplete ones will be returned. The fee covers TVA's cost of processing and is not refunded if the application is not approved. Current fees, and the projects TVA does not charge for, are in the fee table on that page.
- Answer TVA's questions. The instructions say TVA tells you if it needs more information and usually visits the site. TVA's FAQ says TVA shares the application with the U.S. Army Corps of Engineers, and that some projects also need a state water quality permit.
- Wait, then build on time. TVA says it aims to decide small residential projects in a few months, and that bigger or incomplete applications take longer. Applying is not approval. Once issued, a permit expires if construction is not started within 18 months of the date it was issued.
How long does a Section 26a permit last?
Once construction starts on time, the permit does not run out on a calendar.
TVA's FAQ says that once construction has begun or is completed, the permit does not expire unless a condition in the permit says it does or you no longer own the property. Two things can still end it. TVA's FAQ says TVA can revoke a permit when a permit condition is not followed. And TVA's regulations say that if an owner does not repair or remove a structure in poor repair after written notice, TVA can cancel the permit and remove the structure.
What happens to a Section 26a permit when a property sells?
It does not pass to the buyer automatically. TVA's FAQ says a new property owner must notify TVA within 60 days of acquiring the property and apply for a permit for what is already there.
- Using the dock in the meantime. TVA's regulations say that after applying, the new owner may keep using existing facilities while TVA decides whether to reissue the permit.
- What TVA looks at. The regulations say TVA reissues the permit when it finds the facilities are in good repair and consistent with the standards in effect when the permit was first issued.
- The fee. TVA's fee table lists a fee for a change in ownership.
- The catch. The FAQ says a transfer only qualifies when every existing facility was permitted by TVA and built as permitted. Anything else is a new permit request.
That catch is why unpermitted work matters to a buyer. TVA's regulations let TVA remove a structure built without approval and charge the removal cost to its owner. The same regulation makes paying that cost a condition of approving any future facility for that tract, whether or not the current owner caused it.
Before you close on a property with anything at the water:
- Ask the seller for the Section 26a permit and the plans that go with it.
- Compare them with what is actually at the shoreline.
- Ask TVA about anything that is not on the permit.
What to check before buying a Watts Bar lake lot covers the rest of the homework.
What does this mean at Tennessee National?
It means the permit question is asked one homesite at a time, about work at the shoreline.
Tennessee National is a private, gated lake and golf community on Watts Bar Lake in Loudon, Tennessee. Waterfront homesites are one of the five ways to own here. Whether a specific homesite can have a private dock, and what TVA would allow there, is a question for TVA and your land consultant. Get both answers in writing. Homes at Tennessee National go through design review, so ask how the community's rules treat shoreline work as well.
Timing is worth a thought. There is no deadline to build after you buy a homesite at Tennessee National, but a Section 26a permit expires if construction is not started within 18 months. So confirm the land rights before you buy, and apply when you are ready to build.
A boat does not have to mean a permit. Tennessee National has a full-service marina with 140+ boat slips on Watts Bar Lake. Marina slip or private dock compares the two. When you are ready to look at a homesite in person, schedule a visit.
The honest part
A Section 26a permit takes time and usually a fee, and the answer can be no. Ask early and get the answers in writing.
Everything on this page comes from TVA's shoreline construction pages and its Section 26a regulations. TVA can change its rules, fees and review times. Before you rely on any of it, check tva.com or call TVA's Public Land Information Center at 1-800-882-5263.
Frequently asked questions
Do you need a Section 26a permit for anything besides a dock?
Yes. A Section 26a permit covers more than docks. TVA's FAQ says that, for the most part, all construction or alterations to the shoreline on TVA reservoirs require TVA approval. On Watts Bar Lake that includes piers, boathouses, land-based steps and walkways, and any shoreline stabilization. Trimming or removing vegetation on TVA property needs TVA's written approval as well.
How long does it take to get a Section 26a permit?
TVA's application instructions say TVA aims to decide small residential projects, such as a dock, in a few months. Larger projects and incomplete applications take longer. A Section 26a permit has to be issued before any work starts on Watts Bar Lake, so apply well ahead of when you want to build.
Does a Section 26a permit expire?
A Section 26a permit expires if construction is not started within 18 months of the date TVA issued it. Once construction has begun or is completed, TVA's FAQ says the permit does not expire unless a condition in the permit says it does or the holder no longer owns the property.
Does a Section 26a permit transfer when a property is sold?
Not automatically. TVA says Section 26a permits are not transferred automatically when a property sells. The new owner must notify TVA within 60 days of acquiring the property and apply to TVA. A transfer only qualifies when the existing facilities were permitted by TVA and built as permitted.
Do you need a Section 26a permit at Tennessee National?
At Tennessee National, a Section 26a permit comes up for work at the shoreline of Watts Bar Lake, such as a private dock on a waterfront homesite. Whether a specific homesite can have a dock is up to TVA, and homes at Tennessee National go through design review. Ask your land consultant and TVA about the exact homesite.
Facts about Tennessee National come from the community. Lake facts come from TVA. Rules, taxes, loans and insurance change, so confirm anything that affects a purchase with the right office or professional before you buy.