What Are the Texas Laws Regarding Power Lines Over Lakes?

In summer of 2017, a tragedy shook Texas when three boy scouts took their sailboat out onto a lake in east Texas. The boat’s mast struck an overhead power line, killing all three onboard. The news made national headlines, and many people wondered why a power line was over a body of water in the first place. What are the laws regarding power lines over lakes in Texas? Will regulations increase in light of this recent tragedy?

Texas does have regulations on the books for power lines in an attempt to assure public safety. In 1997, the Corps of Engineers established a regulation that mandates all overhead power lines, including electric supply lines and communication lines, must have a vertical clearance of at least 52 feet, in areas where sailboats commonly frequent. Unfortunately, existing power lines were exempt from this regulations, not compelling electric companies and other utility suppliers to do anything.

Furthermore, this rule only applies to USACE (United States Army Corps of Engineers) development projects (like the reservoir where the accident occurred), and supersedes a preexisting rule set forth by the National Electric Safety Code. The latter regulations state that all waterways suitable for boating must have a clearance of 37 feet, 6 inches. Considering the average sailboat is only 26.5 feet in height, there’s no way this tragedy should have occurred, no matter whose regulations apply.

The Texas Public Utility Commission reports that no statewide agency exists for checking height clearances on power lines Instead, this responsibility falls to the utility company itself, or the authority that holds domain over the body of water.

Historically, a model of self-regulation does not end well. In fact, the incident involving the boy scouts was not the first time that a tragedy like this occurred. In the 1980s, an attorney was sailing with his friends on a reservoir only a mile from the body of water where the boy scouts lost their lives. The attorney’s sailboat struck a power line, killing him (the other occupants of the boat survived). The wife of the attorney pursued a wrongful death claim against the USCAE, which ultimately settled out of court. Unfortunately, it does not appear that they learned their lesson, as tragedy struck once again in September.

Currently, no plans exist to implement stricter regulations for power lines over water in Texas. In the meantime, AEP Texas recommends that citizens take the following preventive actions around power lines

Until the state government decides to intervene in the situation and regulate clearance of power lines over water, citizens will have to take a proactive approach for their own safety. Follow basic safety guidelines and check out a body of water for power lines before using a sailboat. Report any downed or low clearance power lines to the utility company. In time, maybe the government will do a better job regulating power lines before disaster strikes again.

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