What is the difference between Permitted Facilities and Property Use Agreements(PUA)?
Permitted Facilities are not actually encroachments at all, but are improvements that the FERC license already allows the BRA to approve in the Project Area. These are landscape plantings, erosion control structures, and on-water facilities. However, they have to be properly permitted to be allowed, so if a structure that would otherwise qualify as a permitted facility has not been permitted by BRA, then it is an encroachment until it is permitted. In order to permit after the fact, the lessee needs to obtain a post construction application from the BRA lake office. Property Use Agreements(PUA) are agreements the BRA began executing with lessees a couple years ago when the lessee was assigning the lease to someone else and the BRA identified an encroachment that needed to be cured (fixed) before the BRA would approve the transfer. If the encroachment were approved in writing by the BRA to be in the location it was now in (in other words it was what we are now calling a Seller Approved
