|Lake Weiss Recreational Properties
What is a recreational property? Here at
LakeWeissAlabama.com we get this question a lot. *I suppose anyone you ask would have a
different way to describe "Recreational Property", however, for the purpose of
buying and selling real estate around Lake Weiss the following is an attempt to provide an
explanation as to how LakeWeissAlabama.com Real Estate Services qualifies
"Recreational Property" otherwise know as "Rec Lots" or "Deeded
First of all, one must understand that the land
mass immediately touching Lake Weiss is under the management of Alabama Power. Alabama
Power owns the 17,850-acre easement surrounding the 30,028-acre reservoir which was
constructed in the late 1950's. As a general rule, the flood easement extends to 572 feet
above sea level at some locations around the lake and 578 feet above sea level in other
areas. There are pages of Alabama Power Restrictions that detail what can and cannot be
built, or even temporarily located, inside the flood easement around Lake Weiss. **The
deed that accompanies the purchase of any recreational lot along the shores of Lake Weiss
includes a paragraph detailing Alabama Power's right to set building restrictions that
were designed to prevent encroachments of the easement surrounding the reservoir.
Most of the recreational parcels directly touch the
water, however many are not waterfront but are still considered recreational because they
are located within Alabama Power's easement. Unlike other regulated lakes, one does not
rent/or lease recreational lots from Alabama Power as they are deeded (with restrictions)
to the landowner. Mobile homes cannot be located in the easement as they are not easily
moved if the property is flooded, however Campers and RVs are allowed as they can be
easily moved out if the lake is flooded.
In addition to Alabama Power's easement one must
also be mindful of the sanitation rules currently in force in the easement/flood zone. The
Cherokee County Health Department requires owners of property in the flood easement to
obtain a permit for the installation and use of a sewage holding tank. In order to apply
for a permit one must have a service contact with an approved septic pumper and the permit
must be renewed annually. A 250 gallon holding tank is the smallest tank allowed and the
cost to pump the tank is $45-50 per trip.
A quick trip around the lake will reveal that there
are a large number of properties that are covered by pitched, metal roofs that exceed the
height limit by several feet; dozens of enclosed cabins, complete with doors, windows and
central cooling units and a handful of campers that have had their wheels removed, or
permanent structures built around their towing apparatus -- all violations of Alabama
Power policy in that the dwellings are considered "habitable structures".
Habitable structures (with the exception of dwellings elevated above the flood easement on
a permanent foundation) are prohibited in the easement as the potential for flooding
creates an unsafe full-time dwelling condition.
As these properties come to market, you may very
well find some of these properties listed on our website. Our office will be happy to work
with buyers, sellers and Alabama Power to make sure properties in violation of the
easement rules are brought into compliance before title has been transferred.
In short, a "Recreation Property" is a
parcel of land located in Alabama Power's flood easement the use of which is restricted by
deed in accordance with rules and regulations set forth and subject to change by Alabama
Power. When purchasing real estate located in Alabama Power's easement, it is important
that you understand Alabama Power's Rules and Regulations. One of our lake specialists can
help you decide if a "Recreational Property" is right for you.
Due to different Realtors having a different
understanding of the MLS listing rules all recreational properties will not be displayed
using the above link. It is possible that you may find other recreational properties
listed as "Residential" or "Mobile Homes" or maybe just
"Land". The above link was created using the MLS search parameters
"Land" and "Deeded RV Lots" which LakeWeissAlabama.com believes is the
correct listing category. Due to the limitations of our MLS system the above link must be
created manually and it not is automatically updated when properties become available.
** Language Included
in Property Deed
RESERVATIONS AND EXCEPTIONS
"Said lands are conveyed
subject to the right of Alabama Power Company, a corporation, to flood, cover or surround
with water from time to time that portion of said lands herein above described, which
would either be covered with or which either alone or together with other lands would be
entirely surrounded by waters of the Coosa River or its tributaries should such river or
its tributaries be raised and backed up to that certain datum plane of 575 feet (different
in some locations) above mean sea level as established by the United States Coast and
Geodetic Survey as adjusted in January 1955, together with the rights of ingress or egress
over and across such lands. The easement so acquired by Alabama Power Company includes the
right to prevent the erection of any habitable structures, structures to house livestock
or the disturbance of the lands lying on or below the 575 (different in some locations)
foot contour line."