I need help..plz. Now it is impassable due to the fence. We will keep any tree that is healthy and bigger than six inches diameter. The water district refused to extend the water line any further. My husband and I purchased a 5 acre property in 2012. During times of heavy rain when we initially purchased the property the creek would fill, without flooding out property. Is there any Tennessee agency that might be helpful in getting this problem corrected? Landfills have LOTS AND LOTS of contaminates AND are typically ALL disturbed land. After all, a dock is impeding on the flowage easement, because if it werent, it wouldnt touch the water. If so, then the issue of flooding onto the subdivision may fall onto the city/county rather than the landscape company. There may be legal repercussions for someone that may have redirected it. There are numerous boat ramps on both lakes, so access isn . What is the best way to dam it up? Typically, yes. You might not like it if somebody messed with the flow of the creek upstream from you and messed with your natural water supply. Also the Army Corps of Engineers: placing fill/structures in a Water of the U.S. without a Corps permit is a violation of the Clean Water Act (assuming that the creek has a surface connection to a navigable water). If they are undercutting a county-approved road, there may be public safety issues. Our yard now floods, has caused our yard to stay wet which has caused structural issues with our home (foundational etc). Irrigation, recreation, fish and aquatic life, as well as livestock water and wildlife, are all protected streams and creeks. Cedar Creek Dam was completed in . The roadbed sits 6 feet above the field where he is working. A second meeting at the Otter Creek Middle School cafeteria Wednesday evening to discuss the fate of the Markle Mill Dam showed people slowly becoming resigned to the idea of removing it. We have a cross street 4 lots down (all lots are about 5-10 acres, and under the cross street are two large culverts (at least 4 feet across each to handle sudden large volumes of water under the street). When the Tennessee Valley Authority (TVA) acquired the land (much by eminent domain), they bought all of the farms they needed (generally speaking). That being said, an ARAP permit sounds likely. 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? 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. Our neighborhood has a manufactured lake. When the term navigable is used in a legal sense, it isnt necessarily referring to navigable-in-fact as in you can float a barge on it, but that it supports commerce in some form or fashion. Construction or alteration of a dam may also require permits from the Natural Resources Unitof the Division of Water Resources and a Section 404 permit from the US Army Corps of Engineers and/or a Section 26-A permit from Tennessee Valley Authority. I am dealing with a utility district who has provided city water to everyone on my street except me. Our property has a creek on the property line. i live in tullahoma tn. You can do anything you want. Pingback:Is It Illegal to Collect Rainwater? Even on a non navigable stream, a permit is required for a dam impounding more than 200 acre feet of water. Then they surveyed the land, determined the height of the dams, and established flowage easements for the waters. Creek runs through our back yard, the plot of land below us was purchased some years ago, they put a pond in the middle of the creek (dams the creek) & altered the flow of the creek. 5. Id say 15-20 of creek bank has been eroded, shrinking the size of my property. In the end, you will likely need to spend money to get this resolved. What are our controlling rights in regards to our portion of pond? Furthermore, you are claiming that TWRA and TVA have declared the waters adjacent to #3 as navigable and that they cannot construct a dock. That, I cannot speak to exactly. Field stones. I would hazard a guess that whoever owns the property fee-simple would be the one that you would have to get permission from. I might first start with contacting my Department of Environmental Health (State EPA). Every park should have them! To prevent groundwater contamination, many must go as far as lining the bottom of the fill area with a non-permeable layer. 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. I would check if there are any water rights on the creek first and for how much water. The utility district crossed over in to another county (my county) to provide water to 3 residents that live about 400 feet from me. Every inch my banks erode causes him to gain an inch. 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. Subsequently, the State then owned the riverbeds and could harvest the gravel from them to build roads. Beyond the legal, you have to contend with the engineering issues. Jamie Carroll was issued a citation after the Tennessee Wildlife Resources Agency . You may be able to float on the water without touching the land, and that may not constitute trespass. Beyond that, you will need to employ an attorney to represent you I am afraid. This seems very illegal. Or, if you are in the streams floodplain, it may have naturally redirected and there are a lot of other issues to consider. This is especially true for species such as bull trout, which ascend small tributaries in late-summer to spawn. 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. If he is licensed, you may have recourse through the licensing agency. Here we get into the question of navigability and blue line streams. Property disputes are typically civil matters and not criminal. The length of the wall is as long as a football field. In general, most aquatic species that inhabit a natural free-flowing stream cannot survive in an impoundment. The biggest contaminant I could see from a cemetery for surface runoff would be from fertilizer, pesticides and herbicides. Outdoor Hub, LLC (d/b/a Carbon Media Group), 30800 Telegraph Rd, Suite 1921, Bingham Farms, MI 48025 USA. Can a logging company cross over a stream with damaging trucks and logs ? It is also flooding every neighbors yard between our house and the new construction. 6 years ago. The normal runoff from their lot flows (in a sheet) down across mine. This is a case-by-case issue. Tennessee Code 44-8-203 Damages for failure to maintain fence. Individuals, families, and friends may wish to scatter the ashes of a deceased loved one inside the park. If you cannot negotiate with the neighbor and the area in question is not within a right of way, I would say you would likely need to retain a lawyer. i don't think the railroad ties would last very long. Other than a lawyer do we have any recourse, we have spoke with the land owner numerous times & he doesnt believe his pond is causing our problems. Impounded waters become stagnant and are a profoundly different ecological environment than a free-flowing stream. Once it is done, I dont know the ramifications. Another party will own 1.4 acres in a cove. Assuming all of this is correct, I would say that Landowner #3 may want to retain a lawyer. Might be something good for a PhD candidate to investigate. The neighbors dock, which they dont have a permit for, is anchored on our shoreline. A vast amount of water flows through our yard on its way to the lake, and does cause flooding concerns for our house. With all the rain lately, it was raging! Check with whoever told you that you have these rights. To get more information on dams and water quality issues, please contact one of the offices listed below. 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. The problem is whenever theres a strong rain water has begun sweltering higher on the subdivision community, backing up water on the streets and making them impassable. 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. Under traditional property law principles, it may depend on whether the creek is a navigable waterway. Supposedly the land across the cove, which is undeveloped, property line reaches out to encompass the land under the water and comes to within a few feet of my dry land. Options 6-10 will require a survey and options 4 and 5 will also likely require a survey. When you purchase through links on our site, we may earn an affiliate commission, which supports our community. The departments investigations show that most headwater impoundments, because of interruption of flow and degradation of water quality, damage uses of the streams within, and downstream of the dam. is there anything that I can do? I approached the neighbor, and asked if I could run my water line in the ditch, under his driveway entrance, so that I could hook on to the utility water meter. If you are just wanting to prevent further erosion based on his obstructions, you might try contacting your local Department of Environmental Conservation. A farm pond is exempt from the Safe Dams Act, but may NOT be exempt from other permitting requirements such as ARAP, etc. B&L Chocolate Farm began with the love that my husband and I have for chocolate labs. As for keeping the stream clear of debris, that too is a tricky endeavor. There is so much nature that depends on this creek which is now dry. There are 2 large trees in the creek bed that have been dead for some time and Im concerned that they could come down on our neighborss roof. If there is another major flood in Nashville as in 2010, were concerned the water could do more damage to our property because of the wall built will change the (trajectory),normal direction of the flow of water away from them and into our subdivision endangering lives and property. Option 6 is potentially functional if you have a situation (like a creek is being destroyed) that falls under their purview. In any event, emergency measures should be taken to prevent additional loss of sediment from the dam. The creek used to have a 12 foot drop over approximately 150 feet where the pond was put in. The State of Tennessee also requires that any construction (excluding agricultural uses) with 1 acre or more of disturbance requires the completions and submission of a Storm Water Pollution Prevention Plan (SWPPP pronounced swip). It may be that there are easements in place or it may be that the ditch you claim is only 12 off the road is within the road right of way and not part of the neighbors land. OSM has been to my home and stated that TDEC only listed one water source. It may be that they are violating something by changing the creek flow. 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. If you have questions about whether a neighbor may have injured your property in violation of the law, in Texas or wherever your property is located, contact the lawyers at Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001, or by filling out our free online case evaluation form located on this page. You would need to see if these people bothered to get a permit to change the flow. The construction of dams on streams or creeks in Tennessee, as mentioned above, requires an Aquatic Resource Alteration Permit from the Tennessee Division of Water Resources in most cases. There is landscaping company on Whites Creek Pike thats separated from our subdivision (Creekside) by the Whites Creek. Can we take water out of the stream for a garden or to water livestock? I would ask the health department. Assuming that none of the above situations apply, then yes, you can fence your property line, even down a creek. There, 50 years ago, a low dam was constructed in a misguided effort to prevent warm water fish (including green sunfish, bream and creek chubs) in Indian Boundary Lake from migrating into the trout waters of Citico Creek. I hate to say it, but you will likely need to contact an attorney. The EPA also claimed that material from the Johnson's pond was washing into other waterways. 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