Smith Mountain Lake (SML) has been called one of Virginia’s best-kept secrets. Formed to generate hydroelectric power in the mid-1960s, SML has become a mecca for snowbirds seeking a quiet, affordable community in which to retire, young families wanting to raise their children in a safe environment and small-business owners hoping to tap into the area’s thriving economy. Regardless of their exact reasons for moving to the SML, almost all have come to enjoy living on or near the lake’s 500 miles of shoreline.
Recently though, SML residents have grown distressed by the way the Federal Energy Regulatory Commission (FERC) and Appalachian Power—which holds the license to operate SML’s hydroelectric dam—has been applying Shoreline Management Plan regulations that can affect the use and enjoyment of waterfront lots.
An example of why SML residents feel aggrieved by FERC is this incident from September, when a disagreement between FERC and AEP over the interpretation of the “50 Percent Rule” led to the removal of all of the docks located within a subdivision. This decision was later overturned after an appeal.
Most complaints center around issues with docks or, trees, as in this anecdote, relayed by CURB, Inc., a grassroots organization formed to act as a watchdog to FERC’s overreach:
A[n]…agent of Appalachian Power reported that George and Martha cleared their lot without permission, causing the Appalachian Power SMP staff to revoke permission for the dock that was under-construction.
Using photographs (that have never been shown to either George or Martha) and counting trees on an adjacent undeveloped-lot, Appalachian Power decreed that before they could resume work on their dock, they must replant (and this is no joke): 176 trees of at least ½ inch caliper; 462 trees of at least 1 inch caliper; 407 trees of at least 2 inch caliper; 187 trees between 1 ¾ and 2 inch caliper – plant 1,232 tree in an 60 x 100 foot area [emphasis added].
Leaders of CURB, Inc., hoping to rein in FERC’s overreach, collected more than 5,000 signatures on a petition last fall and personally delivered them to Washington. Their efforts were rewarded just before Christmas when Rep. Robert Hurt introduced the SHORE Act:
“As the federal government continues to expand in size and scope, we must ensure that Central and Southside Virginians and all Americans are not negatively affected by its over-reach, especially as it relates to individuals’ right to own and enjoy private property. The SHORE Act will require that the Federal Energy Regulatory Commission take into consideration the private property rights of Fifth District Virginians when exercising their authority as it relates to Smith Mountain Lake and other federally regulated hydro-projects.”
The SHORE Act, co-sponsored by Reps. Hartzler and Luetkemeyer of Missouri and Rep. Lankford of Oklahoma, is not specific to SML, but will benefit other Americans who have also had the enjoyment and potential value of their property diminished by FERC.
