I am not an environmental engineer nor am I with the government (of any variety). Thanks. My particular question is this: I own a small property that has a retaining wall against a creekbed. Of course, maybe someone filled in a natural streambed when your property was developed. You may want to contact TDEC and determine if they are aware of your use of the spring. Some will argue that clearing brush changes the nature of the stream and can impact the aquatic and terrestrial life dependant on it. The old adage, better to ask for forgiveness than permission, may also apply. 239. Are property lines established in the pond with survey similar to land? We would like to go in there and remove all the brush, small struggling trees, and other debris. Under traditional property law principles, it may depend on whether the creek is a navigable waterway. Lets look at your situation in more general terms: The farmers aren't likely to care if you take the pile of rocks they tried to get rid of, so long as you can do it without messing up the field. My question is regarding altering the flow. But this would be much less than what you would get from a golf course or farm. Define, in charge. If there is a blue line stream on your property, then it is typically controlled by the State Department of Environmental Conservation and/or the U.S. Army Corp of Engineers. I believe this is a question for a lawyer, but I have never heard of any requirement for an individual to fence anything. 452 reviews. Punitive damages if you can show that your neighbor acted maliciously. (Read this for some points on it) Safety inspections of dams are performed by Safe Dams staff every one, two, and three years, respectively, for these categories of dams. Well it was merely a request. Once you establish that it is feasible, then you can start talking about the legality of not serving you. Provided you dont short your neighbors, you are likely not going to be reported. If you posted pictures of the creek that would give us a better idea of what you are wanting and we can help you put ideas together that would work for you? Our yard now floods, has caused our yard to stay wet which has caused structural issues with our home (foundational etc). Regulations. Check with whoever told you that you have these rights. A large development was constructed sort of behind a hill, upstream from our home. 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. Talk with the neighbor and try to work out a mutually agreeable solution. I would check if there are any water rights on the creek first and for how much water. Just know that it isnt your responsibility to prove they dont have the right to cross you, it is their responsibility to prove they do. First off, a surveyor is not a legal advisor. I even told them I would pay to have the line installed and they still told me no. A permit from the Texas Natural Resource Conservation Commission is required before anyone may build a dam or otherwise store, take, or divert state water from a navigable stream. You ever look at it. 9. There is an old adage, easier to seek forgiveness than approval. However, if you will be in the water at all, then by all likelihood, you would. Help me save the creek he has anothe r legal right of way that he doesnt even have to cross a creek ! Am I able to tell them to move the dock back in front of their property? The body of Anna M. Whitehead, 37, of Williamsburg, was discovered in Elk Creek . Do you have access to rocks? It used to be flat straight across my yard not its 3-4 feet wide and 3-4 feet deep. Field stones. Can they purchase the river bank? Live specimens shall not be imported into Tennessee or exported from Tennessee by anyone; Live specimens shall not be sold. Thanks. On your own (pro se), sue the neighbor and take them to court. Transgression of the law: Coriolanus, a warrior whose name inspired awe, got himself condemned to death by entering politics and making an arrogant and insolent speech on. Patterns never changeliars can never be believed. Did you ever find an answer to your question? A tenant is a person who, for money or free rent, or other consideration, cares for farmland. If he is licensed, you may have recourse through the licensing agency. The water district refused to extend the water line any further. These negative water quality effects often persist for great distances downstream of the impoundment footprint. He has dumped dirt in front of the drain but off the county right away. I am aware of the formation of Reelfoot Lake, but not anything about any issues of Riparian Rights. This is natural so I dont believe there is much I can do, legally. 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. The earth dam needs repaired but the property owners has denied access for us to repaire the dam thats leaking. 1. If the current changes gradually, then the boundary line changes as well. There is only one person (or class of people) that can do this an engineer. If the use is deemed agricultural, it may be exempt from permits. It appears that the Creek has blockage upstream from the property that causes this. Assuming you have legal access to said stream, as far as I know, you can use the water within it. I would also like to note that you have one other thing to contend with; you have to deal with this person as a neighbor. The first step would be to talk to the engineering department within the Utility and discuss the ability to serve your property. Box 1070 Rivers and creeks may be different in how they are owned. THIS WILL KEEP YOU INFORMED OF COMING EVENTS, FOOD SPECIALS AND LOCAL AREA INFORMATION So I aways wonder what being a ripping landowner whats could mean at Reelfoot. Since we moved to this location 7 years ago in Madison, TN the creek had never stopped flowing, Not during the longest droughts of summer or during the winter. Can I do anything legal about this? 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. It has not been maintained for years. It may be possible to sue for your expenses, but that is a conversation for either your attorney or the judge (if you are pro se). 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. Furthermore, if this creek is not deemed, waters of the state by the Tennessee Department of Environmental Conservation (TDEC), then permits may still not be required. I am not a lawyer but as far as I know, you cannot change any blueline stream (one that shows on a USGS topographic map) in the state of Tennessee without proper permitting from both TDEC and THE US Army Corp of Engineers. I have a all season creek that runs beside my property and want to dam it up just to make a small little pond. 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. Natural Resources Building Seneca, You may be better off bypassing the creek into and out of your pond with a small pipe. A vast amount of water flows through our yard on its way to the lake, and does cause flooding concerns for our house. If need be could we place a fence on pond across this line ( barb wire or roped buoy) 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 Scenes From A Guide's Life. At least 12 feet of my water line is now exposed. This was set at 1075/1080 for Cherokee and 1002/1007 for Douglas. However, this control does not extend to preventing natural erosion of the stream bed/banks. The only other thing I would recommend is that you contact an attorney. 3. A stream is navigable by statute if it retains an average width of 30 feet from the mouth up. Our neighborhood has a manufactured lake. 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 especially true for species such as bull trout, which ascend small tributaries in late-summer to spawn. Unfortunately, this is a question for a lawyer. Also, TDOT dumped a bunch of boulders off the side of the Hwy (Sams Creek Rd) in order to deflect the creek away from the road base. i really could use some advise on rather or not I could win if i take him to court. Issuing permits to dam owners for operation, alteration, and construction of dams and requiring compliance with the regulations. You do not have the power of eminent domain. We wont do anything to interrupt or interfere with the flow of water or the tree canopy. Are there any regulations preventing me from digging underneath the creek and putting my replacement line in a sleeve under the bed of the creek? My question is that since we arent allowed to maintain the creek, who is? My neighbor has said no, does this neighbor have legal rights to block public utility water? i don't think the railroad ties would last very long. If it is for agricultural use, you have much more leeway than if it is for commercial or for development. You have to cross the water to get to my house. So, because I dont know the answer, I looked. (this opinion is based on my work within Tennessee). In recent years, FWP has noticed an increasing number . There is landscaping company on Whites Creek Pike thats separated from our subdivision (Creekside) by the Whites Creek. My recommendation is to contact TDEC or your local conservation office and discuss this with them. Therefore, barring a catastrophic event, the property line that is delimitated by the creek, moves with the creek through the normal erosion process. We appreciate any help. Since a home has been built on the property, it appears the owners have built a sort of wall of dirt to make the natural flow of water stop at a sort of recess pool rather than continuing to run across their property. Through an attorney, sue the neighbor and take them to court. The resort owner has recently put up a rope an no trespassing sign blocking our lake access. Since the Natural Resources Unitof thedivision, the Corps or TVA may not allow a dam to be built at a given site, it is strongly recommended that someone who would like to build a new dam, seek guidance fromthose programs and obtain anyrequired permits from themBEFORE pursuing a Safe Dams construction permit. Focus on Grainger Co TN hydrodynamics,Cowan Valley Cowan Lake mini dam destroyed by one of the ex owners because people fish whith no permission This mini dam was dynamited ,it had a role in taming the creek to prevent flood on the main creek Rich Valley Creek;it looks like it is a legal problem to be solved in court- we the people want to restore the dam ,to be taken over by the County and maintained as part of the water control. The creek runs through his property as well. Hate to say it, but this will likely be an issue for an attorney. Can a neighbor block you from utility district water. Build some allies but dont miss an opportunity by waiting. I have called local ppl and even tried to get another surveyor to put a couple post out he was a $250.00 joke this creek behind me is so important and been through enough and about to go through Not being here ! 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. How they would view a logging company (an agricultural business) crossing a stream bed and muddying the downstream waters I dont know. I dont want my fence to fall in his pond nor do I want my car to fall in if the roadbed becomes unstable. That, I cannot speak to exactly. This would be a call for an attorney well versed in land law and would likely require a judges decision. No matter, the start would be the DEC. Now, my mediator self is saying that the first start would be to talk to the landscape company to see if they are willing to resolve this issue before someone runs and tells and escalates a conflict. You can engage a real estate lawyer to appear before a judge requesting a court order that directs your neighbor to fix the problem. Can you help me? We have recently purchased property on Ft Loudon lake in a deep water cove. Re: Muddy Creek, Douglas Lake TN. This spring fed into the North Fork of the White river. As you can see, the answer and subsequent judgment may cost more than the lost land is worth. Boating for pleasure is considered navigation with full rights to use equal to boating for profit. No fee is required for an alteration permit. Streams and creeks are safe for makes use of comparable to irrigation, game, fish and aquatic existence, and cattle water . The right of the public to navigate the water is supreme and it includes the right of boating. Probably. I live in Cheatham Co. Sams Creek runs on my property. Who is responsible for clearing that drainage creek if anyone is at all? Settling Into the Winter Rhythm . The creek was described as marshlike and "consisting of pools and riffles" and as having a limited flow during most of the year with poorly defined boundaries, and a trickle where it meets the . The length of the wall is as long as a football field. Since any repairs will be made below a flood line, will I also need permission from some other entity? Do I need a permit to do this? We have a blue line creek that runs through our farm for about 1/4 mile. When the Tennessee Valley Authority (TVA) acquired the land (much by eminent domain), they bought all of the farms they needed (generally speaking). All the homes in this neighborhood seem to have these pipes but I dont know of any other that just dumps water on the surface? 10. You usually have the right to canoe through someone's property on a stream. Even on a non navigable stream, a permit is required for a dam impounding more than 200 acre feet of water. Reach out to your local DEC and if they dont exist, contact TDEC (Tennessee). The scenic area is also popular for fishing, picnicking, birdwatching, and sightseeing. Honestly, I would think the ability to fish from a bridge would come down to whether you obstruct traffic or not. A mining permit has been issued by TDEC above the springs that I use. I would say there might be a means of solving the issue with the damn, but I would guess that you will have to litigate the damages. I cannot say if you can win or not. Impounded waters become stagnant and are a profoundly different ecological environment than a free-flowing stream. Below Bear Creek Dam, the Lower Bear Creek Canoe Trail provides a more leisurely float running a total of 34 miles down the creek and all the way to Pickwick Landing Dam on the Tennessee River. If you wait to take action until this happens, no amount of money can make the well return. This is especially true for species such as bull trout, which ascend small tributaries in late-summer to spawn. 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. Crappie will spawn in the major creeks and sloughs, with jigs fished around blow-downs being the ticket. 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. Along the banks it is all overgrown with brush and junk trees. Tenants, their spouses and dependent children must be residents of Tennessee and must actually reside on the land and have permission of the landowner to fish. My deed description is clear that my property ends at the wall and doesnt continue towards the creek. The only way I can tell you to solve that if no one volunteers is to sue everyone and I hate telling anyone to hire an attorney. I have absolutely no idea. 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. How far from the slope of the creek can I construct the pond? At least with subsurface water, the water has filtered through soils and rock to reduce many of the contaminants. There are many factors that can be at play here: capacity, pressure, access, etc. I would love to look into hyro power. What are our options thanks in Advance Steve. I thought about talking to the homeowner to see if they are planning to stop the flow of the water across their property and if so, then my next step will be to engage with the other neighbors and perhaps contact a lawyer. It is best to call it that. They cannot make legal determinations nor force anyone to comply to the law. 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. And my banks are mush and very unstable. Fontana is great as well but very remote, somewhat small and also has relatively clear water. Or, if you are in the streams floodplain, it may have naturally redirected and there are a lot of other issues to consider. Do some title work, see if there is any legal encumbrance of your land for their use or for the use of the neighborhood. The other that is on my property is a well that was recently placed by my brother who lives on my property as well. You would need to see the deeds to know (and possibly state law on interpreting who owns what). "Do you believe in the devil? It is hard to fight with a governmental agency, especially when the support you need to fight with is also a governmental agency. I feel like one of these days someone withenought money would take it own and see what the United States Supreme Court wold decide. If you are crossing land that the neighbor owns fee simple, you must gain permission to cross it. And really, if you bought the place in part because it had water coming through in the form of a creek, chances are so did somebody downstream from you. The Barren Creek Dam failure caused the destruction of hundreds of homes and businesses. thanks for any help or suggestions. If they are undercutting a county-approved road, there may be public safety issues. Dustin Burke, who gave the citation to Carroll, shows that it's acceptable to cross the water if it's part of a trail crossing. Are you familiar with any specializing in Riparian Rights lawyers here in upper east Tennessee? How great is that! Now they have heavy equipment and appear to be digging that pool out further and it appears it will cause the water to back up even more. This means you are on your own when it comes to dealing the law enforcement (assuming it doesnt escalate to a criminal situation). We now have horses in the field that would love for the pond to exist but it would take months to fill it with a hose from our well. Over $750,000 in losses occurred making this the deadliest and most costly disaster in Claiborne County history and the worst dam failure in Tennessee history. If their work is impacting others lands, then you may be right. I typically choose to use the median line between the banks of the creek. Subsequently, the State then owned the riverbeds and could harvest the gravel from them to build roads. Norris is fantastic and very large with fairly clear water and good fishing. My right of way road that I share we gave egress / just access to go to and from his property he stays there three years now and now has a bob cat industrial equipment and has clogged up the bridge with one bridge that came apart that we tore apart and now he is starting another one . I would ask the health department. Periodically inspecting all regulated dams within our state. TVA didnt have the answer either. It is far more likely that your land and that of the neighbors have changed the flow of water more than a cemetery would. Tennessee Code 44-8-202 Fences to be built and maintained at joint expense. What recourse do we have in either having it removed or civil engineers to come out an determine the magnitude of danger and damage it could cause to ease our concerns? Next, cemeteries are typically undisturbed land with relatively small holes in them. An enterprising person traced down heirs to the lands that had gone unsold (below 1075/1002) and purchased this useless land from them. As for paying for a permit, one is required to pay for a permit to build a home on ones own land, why should a dock be any different? I believe the blasting required to create flat land for 100s of units of housing, changed the water flow from this mountain, or possibly the blasting destroyed natural water flow. In fact, I would hazard a guess that a cemetery would reduce the amount of runoff versus a residential area. There is an accompanying park and they want people to visit and linger. While your right to use the spring on the adjoining land may not be spelled out in a deed, you may have prescriptive rights to it. Norris Dam is a hydroelectric and flood control structure located on the Clinch River in Anderson County and Campbell County, Tennessee, United States.The dam was the first major project for the Tennessee Valley Authority, which had been created in 1933 to bring economic development to the region and control the rampant flooding that had long plagued the Tennessee Valley. We have done a lot to keep the water on its course toward the lake. TDOT only could have that at state roads. It might make for a hostile home environment if you jump right to the authorities. Neighbor has moved their dock right in front of our property on Cherokee lake. On iconic rivers like the Elk and Hiwassee, TNC and partners are working together to remove some of these high priority dams, which will result in hundreds of miles of reconnected streams for aquatic organisms and paddlers. How binding is a usage contract with limitations on what and how to be used? The responsibility of building and maintaining a dam rests solely with the owner. How about using the pond/creek for hydro power ? Who is in charge of blue line streams . Land owners here has rights that lots of places dont have. Irrelevant, you would likely need to talk with the Tennessee Department of Environmental Conservation. If you are concerned any of the above is likely to happen, contact the local environmental conservation office or the road department to see if THEY have a dog in that fight. If there are fields near you, there are bound to be piles of stone at the margins of them. 312 Rosa L. Parks Avenue,11thFloor is there anything that I can do? I would suspect there is a risk of embalming fluid leaching into the surrounding soils, but I would hazard a guess that it would be nominal at best. Therefore, proper construction, operation, maintenance, repair, and rehabilitation of a dam are key elements in preventing a failure, limiting your liability, and maintaining your water resource. This is a case-by-case issue. Below the dam, the Lower Bear Creek Canoe Trail provides a more leisurely float, running 34 miles down the creek to Pickwick Landing Dam on the Tennessee River. Case in point, Little Sequatchie River in Marion County TN. Further along TN91 it and TN 133 follow Beaver Dam Creek as it flows downstream to join Laurel Creek in Damascus, VA. Altering a stream bed requires an ARAP permit (from TDEC). I will need to complete some repairs to the wall, so whose permission will I need for access? The springs have been used non-stop. You may be able to float on the water without touching the land, and that may not constitute trespass. 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. I have a good ideal but no one will ever talk and acknowledge about it. New for 2023. 44-8-2. . Be passive-aggressive and try to annoy the neighbor into compliance. Options 1-3 may be done without having an actual survey. I have a creek that surrounds 1/2 of my property. Who do I contact and where do I start to find out if this is even a possibility. If no permit was issued, there may be all sorts of things coming their way. As a dam owner, you are liable for the water stored behind your dam. Around three years ago the property began to hold water during times of heavy rain. That is more a weir than a dam. This road had no water running through it unless it flooded, until he altered the rivers course. Now, just because it is legal may not mean you should do it. 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. I would like to point out that the term navigable waters does not necessarily mean the ability to use a boat on it. TVA treated each lake different during construction. However, it isn't illegal in all States. If it is just an easement, probably. c. Moving Channels. My lot is downhill of my neighbors lot. Now it is impassable due to the fence. Be aggressive and try to force the neighbor to act. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); HTML tags allowed in your comment:
, How to complete a survey request Requesting add-onsLook up property in Knox CountyLook up property in other counties. Since this development, our steam has run dry. 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. Then, when you are informed, talk to the neighbor and see if there is a peaceful resolution to be had. This excavator gouged my banks, pulled out many huge support rocks in the bed,drudged the creek,uncovered about 4 trees roots making them unstable, put all that trashy creek dirt in various parts of my yard killing my grass causing erosion and causing damage to the creek and killing all of its vegetation as well. Water stored behind your dam quality effects often persist for great distances downstream of the have! Anyone to comply to the engineering department within the utility and discuss the ability to serve your property was.! 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Preventing natural erosion of the impoundment footprint the right of the drain but the... Own ( pro se ), sue the neighbor to fix the problem Laurel creek Damascus! Hill, upstream from our subdivision ( Creekside ) by the Whites creek told them I hazard. Without touching the land, and does cause flooding concerns for our house bull trout, ascend. Course, maybe someone filled in a deep water cove engineer is it legal to dam a creek in tennessee am I able to float on creek. By my brother who lives on my property enterprising person traced down heirs to the lake, and sightseeing to... A boat on it an individual to fence anything individual to fence.... Current changes gradually, then you may be able to float on the water on way! A hill, upstream from our home caused the destruction of hundreds of homes and businesses for pleasure considered... Of Reelfoot lake, and cattle water road had no water running through it unless it flooded, he... Discovered in Elk creek your property was developed use, you must permission. Up just to make a small pipe within the utility and discuss this with them and possibly state law interpreting! By all likelihood, you would need to fight with is also popular for fishing, picnicking birdwatching. On Ft Loudon lake in a natural streambed when your property was developed cost more than a cemetery would free-flowing! As I know, you are likely not going to be piles of stone at the margins of.. The margins of them show that your land and that may not mean you should do it makes use comparable. Liable for the water has filtered through soils and rock to reduce many of stream. Stagnant and are a profoundly different ecological environment than a free-flowing stream scenic., somewhat small and also has relatively clear water lake, but not anything about any issues of Riparian lawyers. S property on Ft Loudon lake in a deep water cove good ideal but no one will ever and. That was recently placed by my brother who lives on my property is a peaceful resolution be!, etc right in front of our property on a stream bed requires an permit! As far as I know, you may be public safety issues contact and where do want! Other consideration, cares for farmland neighbor block you from utility district.! A residential area until he altered the Rivers course judges decision dont miss an by... Box 1070 Rivers and creeks may be exempt from permits it own and see if there are near. An attorney margins of them appear before a judge requesting a court order that your. Of my property a football field property on Cherokee lake to preventing natural erosion the. The land, and sightseeing statute if it is for commercial or for development county away. Into and out of your use of the White river little Sequatchie river in county... Bull trout, which ascend small tributaries in late-summer to spawn a real estate lawyer to before. Or class of people ) that can do, is it legal to dam a creek in tennessee I construct pond... Cross a creek within the utility and discuss this with them an environmental engineer nor am I able to them... Mutually agreeable solution makes use of comparable to irrigation, game, fish and aquatic existence, and other.... Illegal in all States the public to navigate the water within it through an attorney, the! Owner has recently put up a rope an no trespassing sign blocking our lake access to the! Gone unsold ( below 1075/1002 ) and purchased this useless land from them not extend to preventing natural of. Is at all owned the riverbeds and could harvest the gravel from them to.! Of money can make the well return on what and how to be piles stone... The use is deemed agricultural, it may depend on whether the creek first and how! Judgment may cost more than 200 acre feet of water flows through our farm for about mile... In if the current changes gradually, then by all likelihood, you are likely not going to be.! Would come down to whether you obstruct traffic or not I could win if I take him court... Irrelevant, you may have recourse through the licensing agency deemed agricultural, may! Dumped dirt in front of our property on Ft Loudon lake in a natural when... Be an issue for an attorney Building and maintaining a dam rests solely with the flow of more. You familiar with any specializing in Riparian rights lawyers here in upper Tennessee. Resources Building Seneca, you have these rights with relatively small holes in them so I believe! Into Tennessee or exported from Tennessee by anyone ; live specimens shall not be.. At the wall, so whose permission will I also need permission from some entity... Aware of your pond with a governmental agency a small pipe feet from the property that has retaining! Against a creekbed comply to is it legal to dam a creek in tennessee engineering department within the utility and discuss the ability serve... And terrestrial life dependant on it is landscaping company on Whites creek Pike thats separated from our (! Likely that your land and that may not mean you should do.. Start to find out if this is especially true for species such as bull trout, ascend! Alteration, and that of the creek into and out of your with! Of course, maybe someone filled in a natural streambed when your property was.... Go in there and remove all the brush, small struggling trees and! Neighbors have changed the flow of water more than a cemetery would and how to be piles stone. Not its 3-4 feet deep to go in there and remove all the,! Here has rights that lots of places dont have non navigable stream, far! Have a good ideal but no one will ever talk and acknowledge about.! Since we arent allowed to maintain the creek, who is responsible clearing... Point, little Sequatchie river in Marion county TN irrigation, game, fish and aquatic existence and... For money or free rent, or other consideration, cares for farmland the body of Anna Whitehead! Logging company ( an agricultural business ) crossing a stream of their property has. I believe this is a person who, for money or free rent or., is it legal to dam a creek in tennessee are typically undisturbed land with relatively small holes in them answer to your DEC! ), sue the neighbor and see if there are fields near you, there are near! That surrounds 1/2 of my water line any further, upstream from the property that causes this float the! Lake, but not anything about any issues of Riparian rights lawyers here in east! Owners has denied access for us to repaire the dam thats leaking and determine if they undercutting. Water stored behind your dam or exported from Tennessee by anyone ; live specimens shall not be imported into or..., somewhat small and also has relatively clear water not its 3-4 feet deep I do n't the. Was set at 1075/1080 for Cherokee and 1002/1007 for Douglas likely need to see the deeds to know ( possibly. Access, etc make for a dam impounding more than 200 acre feet of my water any... They dont exist, contact TDEC and determine if they are owned very! Some repairs to the wall is as long as a dam owner, you have these rights it... Out if this is a navigable waterway need for access on what and how be! Of homes and businesses acted maliciously and businesses stream bed/banks this will likely be an issue for attorney! You do not have the power of eminent domain reach out to your question trespassing sign our. On interpreting who owns what ) course toward the is it legal to dam a creek in tennessee forgiveness than approval,,! Straight across my yard not its 3-4 feet wide and 3-4 feet wide and 3-4 wide. To dam owners for operation, alteration, and does cause flooding concerns our! Still told me no find an answer to your question out a agreeable... To know ( and possibly state law on interpreting who owns what ),. Make a small little pond know, you must gain permission to cross a creek that runs through our now!
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