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(Lake Martin Specific)
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| Name: |
Spot Remover
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| Subject: |
Is there a shoreline zone
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Date:
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2/24/2009 10:57:46 AM
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owned by Alabama Power from the 491 level to the start of private ownership? This is the case with some reservoirs. If so, what is the distance?
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| Name: |
Ulysses E. McGill
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| Subject: |
Is there a shoreline zone
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Date:
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2/24/2009 11:04:19 AM
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Unlike COE lakes, almost all properties on Lake Martin are owned to the water line; there are a few exceptions where APC has a setback from the water.
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| Name: |
Swimmer27
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| Subject: |
Is there a shoreline zone
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Date:
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2/24/2009 12:11:35 PM
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On many lakes APCO maintains a 5ft easment abouve fool pool, but Martin is not one of them, but jlazc is correct that certain areas have 15ft setback. In those cases however, there is almost always a ban on any shoreline development, i.e. piers, seawalls, etc.
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| Name: |
DJ
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| Subject: |
Is there a shoreline zone
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Date:
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2/25/2009 7:06:45 AM
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The lake Martin recreational plan map shows these areas, it is a 30 foot buffer.
URL: http://www.alabamapower.com/hydro/pdfs/Martin_Recreational_Plan.pdf
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| Name: |
John C
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| Subject: |
watch your definitions
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Date:
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2/25/2009 8:55:30 AM
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the answer is all of the above. a word on definitions:
Easement - a granted right of one party to another, different from ownership. Like if you owned a 100 acre plot of land that has a power line going through it, you own the dirt, but the power company has been granted an easement to put a power line across it. A LM example would be where AL Power owns the dirt of the floor of the lake, but they give you an easement to build a dock over it, subject to their restrictions.
Setback - a rule that says even though you own the dirt, you can't build / alter it. the 30 foot rule is a setback. AL Power (more than likely) doesn't own the dirt, they just tell you (via deed restrictions) that you can't build NEW CONSTRUCTION in this zone. Same deal with lot lines with your neighbor, perhaps enforced by the county or your subdivision. Again, you own the dirt, but are deed restricted (via the deed, set forth in conditions that you agreed to when you bought it) by this.
Shoreline - just because the water is there doesn't mean you necessarily own up to it. I have seen all sorts of things here. Sometimes you are in a subdivision that describes the lot as "lot x in the recorded plat of Y neighborhood" which means you then go to the plat to figure it out. Also I have seen "metes and bounds" descriptions where someone has gotten a surveyor to plot the shoreline, foot by foot, turn by turn. Also I have seen really old ones that just describe the shoreline as the "shore of LM."
The key here is that every lot COULD be different. I have also seen lots that are so old or oddly recorded that the above easement and setback rules don't apply.
Bottom line - ALWAYS get a professional (lawyer or closing agent) to do a very thorough deed / title search to know EXACTLY what you are getting when you buy. Get a survey, too. Before you build or alter anything, this will give you a good understanding of what the deal is. On LM the dirt is the most expensive thing, usually, so it pays to be sure about the dirt and the associated easements, setbacks, and other restrictions.
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| Name: |
Nutin Bitein
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| Subject: |
Buffer ?
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Date:
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2/25/2009 4:36:01 PM
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How can they inforce a buffer if you already own the land? What if you build before they make it a buffer? Is that map in effect now?
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| Name: |
DJ
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| Subject: |
Buffer ?
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Date:
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2/25/2009 5:11:39 PM
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| Name: |
Spot Remover
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| Subject: |
Buffer ?
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Date:
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2/26/2009 1:26:59 PM
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So then, the obvious question----Does the buffer(?) have an effect on the high water mark (491) and private ownership of property in relation to flood insurance?
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Is lake Martin considered RIPARIAN RIGHTS or LITTORAL RIGHTS?
Th Riparian rights are explained as rights granted to owners of land along the course of a river, stream or lake. Flowing water rights. (lake martin flows) It states that land adjoining navigable rivers is usually owned to the water's edge, while land adjoining non-navigable streams and lakes is owned to the center of the stream or lake.
Littoral rights are water rights of owners whose land borders on large, navigable lakes, seas and oceans. Non-flowing water rights: ownership ends at the mean high-water mark.
It also states that a land owner is entitled to accretion. I do know that Alabama power has some kind of clause that state if you lose your land due to avulsion then you can only claim back 2 ft within a period of time. Not sure of the exact footage or terms, but think it was 2 ft and not sure about the time frame.
According to the guidelines for shoreline permitting for Alabama Power company. They state that they own the "pool property". I would take this as the high water mark making lake martin Littoral rights only. I would guess this means anything above the 490' is yours unless you have a additional restriction in your deed.
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