Just to clarify for everyone here, on any waterways managed by TVA (not detailing USACOE processes here), any commercial marina is managed and controlled by the said landowner and/or lessee. However in order to be the lessee, that same lessee MUST be the actual landowner of the backlying property which adjoins said lease. By being the backlying property owner, they are the only ones who then have the right to apply to TVA for the commercial marina - so long as they are doing so within the proper land zone as established by TVA.
All properties surrounding TVA reservoirs (within the flood contours) are planned as certain zones and the zone for commercial marinas is deemed "Developed Recreation". If the backlying property owner has the necessary deeded rights and the TVA property is in the correct zone, then that private individual has the right to apply for a commercial marina license. The lease aspect gets deeper regarding very specific land rights which aren't worth getting into here.
Even once a marina is applied for, there is a very detailed process that every application has to go through before TVA ever decides whether or not to approve of the marina being established at all. This process applies to any and every type of developed recreation facility that is proposed on that application too.
Once a marina is approved, the facility(ies) must be available to the public. But don't get those words confused with "free". The marina is still private entity set up for business purposes but that business must be available to any of the public to have access to under the rules and guidelines set forth by the landowner/lessee. This maintains the fact that facilities established on respectively zoned TVA properties and waterways are available to the public and not made "private". "Private" facilities on TVA waterways are another long explanation not worth getting into here.
The owner/lessee of a marina does have the right to establish the necessary rules and regulations pertaining to the property they have access to that they see fit in order to maintain the business they wish to achieve. This is why you see some marinas staying "no fishing from docks", "you must check in at marina office when you arrive", "boat launch fee is $xxx", no swimming in harbor limits or 'xx' from docks", etc. They are merely trying to protect the investment they have made into a public-accessible facility to a standard they wish to maintain. This serves as the same thing as a public restaurant in your local city/town saying they "have the right to deny service to anyone they so choose" or "shirt and shies required for service". Those are business decisions and we have the right to avoid that business if we don't like those policies.
As for TWRA rules and regulations, TVA has nothing to do with those. Same goes for the USACOE.
Just thought I would share the facts and details with those here that were interested in hopes of helping and clarifying. I know this because as recently as 3 years ago, I wrote that specific lease and many others at TVA. While many people may not agree with everything TVA does, the process for managing public recreation facilities on TVA waterways and lands truly is one that is set up to best serve all people that utilize the resources and to conserve them for years to come. Hope this helps.
