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title-160•Alabama Administrative Code, Title 160 — Alabama Bear Creek Development Authority
title-160Alabama Admin. Code Title 160RegulationJan 1, 1900
(1) Land Use Agreements Versus Permanently Disposing of Land. Bear Creek Development Authority (BCDA) will make property and property rights available for shoreline use and development commensurate with land use plans developed for each of the four reservoirs within the Bear Creek Project. These disposal actions with individuals, groups, organizations, or governmental entities can be for a specified time, indefinite periods, or permanent and at an appropriate fee established by BCDA. BCDA prefers to make property rights available through term agreements rather than permanently disposing of interest in land.
(2) Leasing (Commercial and Industrial) - The length of the lease may be for up to twenty-five (25) years; an option for the same period is negotiable. The annual lease payment will be 10 percent of the appraised value of the property. The property will be reappraised at the end of each five (5) year period by a licensed appraiser approved by BCDA. The annual lease payment for the remaining term will be 10 percent of the new appraised value. For commercial recreation, the lease payment may at BCDA's option be negotiated on a percentage of gross income, depending on public and private land mix or the revenue generated on public lands.
(3) Sale of Fee - Will only be sold at public auction with the current fair market value of the property as approved by TVA being the minimum acceptable price.
(4) Easements - BCDA may grant a term or permanent easement, for or at no fee, for such things as rights-of-way for telephone lines, power lines, roads, recreation, etc., that will benefit the public.
(5) License - Certain tracts of land, proposed for minor land uses, may be made available under a revocable license agreement when proposed use is judged to be compatible with BCDA objectives. Annual license fees will be based on a rate schedule established annually by BCDA for various land uses such as: agricultural; private recreation facilities; roads and ground improvements including lawns, planting, vistas, etc.
(6) Letter of No Objection or Letter Permit - will be required for a specific short term use.
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All buildings will be constructed to comply with the Southern Building Code. Where the Southern Building Code does not meet the minimum standards of the local city and/or county codes, the local codes will be the basis for establishing minimum building requirements. In the absence of any codes, BCDA will ensure that minimum requirements are met.
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(1) All emissions of pollutants that might be discharged directly or indirectly into the atmosphere, into any stream, lake, reservoir, or other surface or subterranean waters, or into or onto the ground from any of the reservoir areas, managed land areas, and adjoining shoreline land subject to BCDA management, must be controlled in full compliance with all applicable standards and requirements relating to pollution control of any kind now in effect or hereafter established by or pursuant to federal, state, or local statutes, ordinances, or regulations.
(2) When no alternatives exist to using "managed land" for subsurface disposal field shall be installed above the spillway crest elevation shown in Table A. "Managed Lands" is defined as land owned by United States of America on Bear Creek, Little Bear Creek, Upper Bear Creek, and Cedar Creek Reservoirs lying below the managed lands elevation listed in Table A, or below a surveyed line approximating that contour and such other land conveyed in the United States of America pursuant to Section I (1) of Supplement No. 6 to Contract TV-30552A. Disposal systems serving private property will not be permitted on BCDA managed land.
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Reservoir areas will be zoned as necessary for public safety and use. Zoning approved to date prohibits skiing above Horseshoe Bend Bridge, on Bear Creek Reservoir and Highway 71 (Mondye Bridge) and Highway 7 on Upper Bear Creek Reservoir. Overnight camping or day use (with the exception of permissible hunting) outside developed area is prohibited, and any person engaging in camping or day use (with the exception of permissible hunting) outside of camping and day use areas shall be deemed to be unlawful upon said premises.
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No building or any portion of a building or any other structure shall be constructed, placed, moored, or maintained on land located below the habitable structure profile (See Table A), except as constructed in accordance with plans approved by BCDA and/or TVA; the first floor and any habitable portion of a structure must be above the habitable structure profile and have direct access to land above the habitable structure profile.
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It is the intention of BCDA to develop sign standards for different uses which will be functional and distinctive. Standards will be developed for various uses based on a sign plan for the reservoir shorelands. No sign of any kind, temporary or permanent, may be installed without prior written approval of BCDA. Signs installed in noncompliance with these procedures will be removed by BCDA or upon written notification from BCDA by the owner at his expense.
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It is the policy of BCDA, through all reasonable means such as personal contact, public announcements, etc., to fully inform the public concerning the manner and purposes for which lands under its administration may be made available for use and development. In furtherance of this policy, BCDA, through the Bear Creek Administrator, will, in cases of unauthorized use of these lands, vigorously pursue corrective measures, including legal recourse, to enforce its administrative responsibility.
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An encroachment as used herein is a structure, facility, or improvement partially or wholly constructed or maintained on BCDA owned or administered Bear Creek Project Land which violates BCDA and TVA land rights, established policy, standards, deed restrictions or procedures.
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(1) Owners of encroachment will be required to pay the full administrative cost resulting from investigation of the encroachment. Administrative cost as used herein shall include those for salaries of BCDA staff, engineering, surveying, appraisal, attorney services, and others as may be deemed appropriate.
(2) This cost shall not be less than $100.00, unless deemed otherwise by action of the BCDA Board of Directors.
(3) Sale of fee title will be at twice the appraised value plus execution costs.
(4) Other criteria determined appropriate by the BCDA Board of Directors may be used.
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(1) A timber trespass as described herein is the cutting, removing, killing, destroying, girdling, chopping, chipping, sawing, or otherwise damaging any timber or forest products on the managed lands, regardless of size, without prior written approval from BCDA.
(2) Any person or persons engaging in a timber trespass on the managed lands shall be required to pay the full administrative cost resulting from investigation of the encroachment and shall be subject to prosecution under the timber trespass laws of the State of Alabama.
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This section defines water use facilities and other improvements permissible in the reservoir and on the BCDA managed shoreland. It establishes procedures for obtaining a BCDA water use facility permit and/or license for use of the shoreland. Commercial, public and semipublic recreation and industrial facilities require submission of application to TVA and the Corps of Engineers and are not covered in this section.
(1) Private Noncommercial Water Use Facilities: The following items may be constructed or installed in the reservoirs fronting managed lands that have been designated for reservoir operation. They require BCDA approval, issuance of a BCDA Water Use Facility permit, and payment of an annual fee. A BCDA Water Use Facility Permit authorizes construction, operation, and maintenance of specified facility at designated location on the shoreline and the right of walking access from adjoining private property to the water use facility. The applicant must (1) be the fee owner or owner of rights to property abutting the managed lands or be the owner of rights for use of the managed lands. All facilities and improvements must be constructed in a manner which does not block access by the general public to the reservoir waters or shoreline and maintained in good order and appearance. Access by the general public to the reservoir waters or the shoreline refers to pedestrian access and does not include vehicles.
All facilities shall be so constructed as to prevent their floating into the reservoir upon flooding and shall not contribute to undue erosion or deterioration of the shoreline.
(a) Piers or Docks. Fixed piers or docks shall not protrude more than 30 feet into the reservoir at normal summer pool level (See Table A). In cases of potential conflict with boating traffic or adjacent facilities, more restrictive requirements may be imposed.
The maximum width of a fixed pier or dock shall be 6 feet.
The deck of a fixed pier or dock must be at least 1 foot above summer pool level (See Table A).
Fixed piers and docks shall be located in front of the applicant's property and located and oriented as approved by BCDA.
Only one pier or dock may be constructed by the fee owner or owner of rights to property abutting the managed lands.
Owners of back lots with rights for use of the managed lands may construct individual piers or docks except where BCDA determines that sufficient shoreland is not available to accommodate such owners. Application for joint use will be considered at these limited access locations.
Piers or docks may have a single enclosed storage locker or no more than 25 square feet and maximum height of 3 feet.
Floating piers and docks are permissible only at public or commercial boat launching ramps and require TVA and Corps of Engineers approval.
(b) Retaining Walls for Erosion Control.
The wall shall be constructed of stone, concrete or other material acceptable to BCDA.
The base of the wall shall not be located more than an average of 2 feet lakeward of the shoreline as it exists at the reservoir's normal summer pool level (See Table A).
Excavation shall be kept to the minimum required for construction and placement of the wall, and any excess spoil material shall be placed above the 100 year flood elevation. (See Table A) in accordance with plans approved by BCDA.
(c) Shoreline Protection and Riprap for Erosion Control.
The material for riprap shall be quarry stone or other equivalent material acceptable to BCDA.
The material shall be placed along the general contour of the bank.
Site preparation shall be limited to the work necessary to obtain an adequate slope for placement of the material.
Any excess excavated material shall be placed above the 100 year flood elevation (See Table A) in accordance with plans approved by BCDA.
(d) Water Intakes For Domestic Use.
The line must be installed in a manner that will not obstruct boating traffic or constitute a hazard to the public.
Water lines crossing BCDA managed lands to private property require separate approval from BCDA.
(e) Floating Ski Jumps.
Ski jumps may be approved at the discretion of BCDA for use during authorized shows or events but must be removed immediately after the event.
Facility may remain overnight during the show or event if properly anchored to an approved pier or the shoreline.
(f) Utilities Serving Water Use Facilities.
(2) Improvements on Managed Land. The following items may be constructed or installed on the BCDA managed land above the normal summer pool level (See Table A) upon approval by BCDA, issuance of BCDA Land Use License and payment of annual fee. The BCDA Land Use License only authorizes the proposed use of the land and construction, operation, and maintenance of facilities approved in advance and in writing by BCDA. The applicant must (1) be the fee owner or owner of rights to property abutting the managed lands, or (2) the owner of rights for use of the managed lands. All facilities and improvements must be constructed in a manner which does not block access by the general public to the reservoir waters or shoreline and maintained in good order and appearance. Access by the general public to the reservoir waters or the shoreline refers to pedestrian access and does not include vehicles.
(3) All facilities shall be so constructed or anchored to prevent their floating into the reservoir upon flooding and shall not contribute to undue erosion or deterioration of the shoreline. All facilities shall be maintained in a good, safe, and substantial condition and shall meet requirements of appearance and location acceptable to BCDA. BCDA shall have the authority to revoke licenses to comply with terms and conditions of the license. A fee will be charged for all licenses on the managed lands which serve private properties not acquired from BCDA.
(a) Removal of Undesirable Vegetation. Only trees 3 inches in diameter or less or vegetation otherwise designated by BCDA as having no commercial or aesthetic value may be removed.
(b) Landscaping and Lawns.
(c) Utilities. The facilities must be installed in such a way as will not be hazardous to the public, interfere with BCDA operation, or TVA's operation of the reservoirs.
(d) Walkways, Steps and Landings.
(e) Terraces or Patios. The facilities may have roofs but no side enclosures including screen or wire mesh. The facility must be a separate structure and located a minimum of 10 feet from the BCDA managed land boundary. The structure shall not exceed 250 square feet in area.
(f) Picnic Tables, Benches and Grills
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(1) All facilities and permissible improvements must be approved by BCDA in writing prior to construction. The following steps will be taken to determine if the request can be approved:
(a) The applicant will submit detailed plans of the proposed construction to BCDA for review and approval.
(b) BCDA staff will determine whether the proposed improvement is consistent with BCDA development standards (160-X-6-.01).
(c) BCDA will coordinate the acceptable plans with TVA and/or the Corps of Engineers as appropriate.
(d) Upon approval of plans, the applicant shall then execute a water use facility permit and/or BCDA Land Use License and remit the annual fee prior to commencement of construction.
(e) Annual fees will be based upon BCDA's current rate schedule.
(2) Private Noncommercial Water Use Facilities and Improvements on Managed Lands Fronting BCDA Developed Subdivisions. In addition to the items listed in Paragraph (1) of this section, the following items may be constructed or installed in the reservoir and/or on the managed land above the Normal Summer Pool Level (See Table A) fronting BCDA Developed Subdivisions upon approval by BCDA and issuance of a BCDA Water Use Facility permit and/or a BCDA Land Use License.
(a) Boat Launching Ramps.
Launching ramps shall not extend more than five (5) feet below normal summer pool elevation (See Table A). The maximum width of a launching ramp shall be 12 feet.
The minimum slope shall be 10 percent.
Launching ramps will be permitted only at locations where natural ground conditions meet minimum slope requirements.
Only one launching ramp or marine railway may be constructed per lot.
(b) Marine Railways.
Marine Railways shall not extend more than five (5) feet below normal summer pool elevation (See Table A) and shall not protrude more than fifty (50) feet into the reservoir at normal summer pool level (See Table A).
Marine railways shall be securely anchored to the land and reservoir bottom.
Top of rail shall not extend more than one (1) foot above the natural lake bottom.
Only one Marine Railway or Launching Ramp may be constructed per lot.
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Section 26a of the Tennessee Valley Authority Act, as amended, requires that plans to construct, operate or maintain any dam, appurtenant works, or other obstruction affecting navigation, flood control, on public lands or reservations ... across, along, or in the Tennessee River or any of its tributaries, be submitted to TVA for approval. The BCDA will assist applicants in determining when the Department of the Army and/or Coast Guard approval(s) is/are necessary.
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If, at any time, any permissible water use facility or improvement on managed land is not constructed in accordance with plans approved by BCDA, or is not kept in good state of repair and in good, safe, and substantial condition, and the owner or operator thereof fails to remit annual fee or to repair or remove such structure within time limit given by BCDA to do so, BCDA may cancel the permit and/or license and remove such structure, or cause it to be removed, from the Bear Creek reservoirs and/or lands in the custody or control of BCDA. Such written notice may be given by mailing a copy thereof to the owner's address as listed on the license and/or permit or by posting a copy on the structure or facility for a period of ninety (90) days. BCDA will remove or cause to be removed any such structure or facility anchored, installed, constructed, or moored without such permit and/or license, whether such permit and/or license has been obtained and subsequently cancelled, or whether it has been allowed to lapse by nonpayment or annual fees, or whether it has never been obtained.
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BCDA determines tracts of land to be made available for agricultural use, either row crop production or hay and pasture production. BCDA offers the lease for said lands on an annual basis by way of competitive bid unless, with the exception of any land that does not have public access.
(a) Lands are advertised as extensively as practicable and are offered on a competitive bid basis by sealed bid with scheduled public opening of bids.
(b) Awards are made on the basis of high bid conforming to the conditions stated in the offering and the minimum acceptable price established by BCDA.
(c) Licenses are offered for a minimum period of one (1) year.
(d) Use of the land for agricultural purposes shall not preclude reasonable public access to the property for recreation purposes.
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(1) Camping is on a first-come, first-serve basis, except in areas specifically designated by BCDA.
(2) Camping is permitted at designated (numbered) sites only.
(3) Check-out time 4:00 P. M.
(4) Camping equipment must be completely removed from site upon departure.
(5) Unattended camping vehicles and equipment may not be left in area overnight. If they are, they may be impounded.
(6) All persons using camp area and their visitors, between ages 16-65, must have a BCDA PERMIT. Visitors are not permitted after 10:00 P. M.
(7) Maximum occupancy per site: 8 people; 2 motor vehicles.
(8) Campground gates are closed for security from 10:30 P. M. to 6:00 A. M. If you must leave or return between these hours, please contact the Ranger.
(9) Fires shall be confined to fireplaces, grills or other appropriate facilities (where provided).
(10) Lanterns must be hung on lantern posts. Hanging lanterns on trees is not permitted.
(11) Do not cut, damage, pull up, or drive nails into trees or shrubs.
(12) Respect your "Camper" neighbors. Observe quiet hours from 11:00 P. M. to 7:00 A. M.
(13) Firearms, fireworks and alcoholic beverages are prohibited.
(14) All pets must be on a leash, at all times. They are not allowed on beaches or in buildings.
(15) The operation of any motor vehicle, including off road vehicles, mini and trail bikes, and mopeds, within a recreation area in such a manner as to disturb others is prohibited . Motorized vehicles are not allowed off the roadway.
(16) Campers are responsible for maintaining their site and leaving the site clean, by placing garbage and refuse in trash cans.
(17) Only one camping unit per site. "Doubling Up" is not allowed.
(18) All camping equipment (tents and RVs) must be located within campsite. No tents will be allowed outside of impact area.
(19) Drainage of water, soap, grease or other waste product onto the ground or into anything other than an approved holding tank is a violation of state law.
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This section establishes the fees BCDA will charge for all users of improvements on/or abutting BCDA Managed Lands. The rate schedule is subject to annual review and revision by the BCDA Board of Directors.
(a) Land Use License
(b) Agricultural Land License
| 1. | Row Crop | $ 25.00/ac/yr |
|---|---|---|
| 2. | Pasture or Hay | $ 15.00/ac/yr |
(c) BCDA Permits
| 1. | Annual | $ 30.00 |
|---|---|---|
| 2. | Daily | $ 6.00 |
| 3. | Three Day | $ 10.00 |
(d) Camp Fees. The daily fee at each campground is based on the sum of the following values of available features:
| 1. | Per Night | $ 20.00 |
|---|---|---|
| 2. | Monthly Rate Varies by Campground and Site: | |
| Primitive Monthly | $100.00 | |
| Monthly with Electricity and Water | $200.00 | |
| $230.00 | ||
| $300.00 and $450.00 |
(e) Cabin Fees
The cabin rental fee for a one-bedroom off-season is $85.00 per night and peak-season is $105.00 per night. Cleaning fee is $20.00 per stay.
The cabin rental fee for a two-bedroom off-season is $110.00 per night and peak-season is $140.00 per night. Cleaning fee is $25.00 per stay.
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