18 CFR § 1304.212 - Waivers.

---
identifier: "/us/cfr/t18/s1304.212"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 1304.212 - Waivers."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "1304.212"
section_name: "Waivers."
chapter_name: "TENNESSEE VALLEY AUTHORITY"
part_number: "1304"
part_name: "APPROVAL OF CONSTRUCTION IN THE TENNESSEE RIVER SYSTEM AND REGULATION OF STRUCTURES AND OTHER ALTERATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 831-831ee."
regulatory_source: "68 FR 46936, Aug. 7, 2003, unless otherwise noted."
cfr_part: "1304"
---


# 1304.212 Waivers.

(a) Waivers of standards contained in this subpart may be requested when the following minimum criteria are established:

(1) The property is within a preexisting development as defined in § 1304.204(a); and

(2) The proposed shoreline alterations are compatible with surrounding permitted structures and uses within the subdivision or, if there is no subdivision, within the immediate vicinity (one-fourth mile radius).

(b) In approving waivers of the standards of this subpart C, TVA will consider the following:

(1) The prevailing permitted practices within the subdivision or immediate vicinity; and

(2) The uses permitted under the guidelines followed by TVA before November 1, 1999.

[68 FR 46936, Aug. 7, 2003, as amended at 86 FR 50636, Sept. 10, 2021]