Section 0400-40-08-.02 - DEFINITIONS(1) For the purpose of this Chapter, the following words shall have the same meaning as in the Water Quality Control Act and the rules adopted thereunder: Board, Commissioner, construction, Department, Director, discharge, Division, person, pollution and waters.(2) For the purpose of this regulation, unless the context requires otherwise, the following words shall have the definitions given.(a) "Activity" means the performance, or carrying out of a project or construction of a structure.(b) "Alteration" means any repair, change, removal, or addition to a structure which may affect the navigability of rivers, lakes, streams or watercourses subject to this Act.(c) "Commence Construction" means the physical initiation of on site structural or ground work.(d) "Navigable Waters" means any river, lake, stream or watercourse, natural or man-made, or their tributaries which have been adjudicated and held to be navigable in the technical or legal sense, pursuant to T.C.A. § 69-1-101 et seq. and are not subject to the Rivers and Harbors Act, 33 U.S.C., § 401 et seq.(e) "Obstruction" means any work, project, activity, or structure that obstructs or impedes the capability, in the usual stage of the water, of unencumbered navigation by such vessels as are employed in the ordinary purposes of commerce or recreation.(f) "Ordinary High Water Mark" means the mark on the shore established by the fluctuations of water and indicated by physical characteristics such as: the residual particulate matter impressed on the bank and vegetation, the presence of litter and debris, changes in the character of soils and vegetation, or other appropriate means that consider the characteristics of the surrounding areas.(g) "Ordinary Low Water Mark" means the line which constitutes the usual or ordinary stage of a river or lake, when the volume of water is not increased by rains or freshet, nor diminished below such usual stage or volume by long continued drought.(h) "Project" means any dredging or disposal of dredged material, excavation, filling, construction of a structure or modification to an existing structure, or diversion of waters.(i) "Structure" means any building, pier, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, mooring structure, moored floating vessel, piling, aid to navigation, or any other obstacle or obstruction.Tenn. Comp. R. & Regs. 0400-40-08-.02
Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-08.Authority: T.C.A. §§ 69-1-117 and 4-5-201 et seq.