Minnesota Administrative Rules

8400.4075 VARIANCES.

Subpart 1.

Land occupier variance.

A land occupier may petition the local government for a variance from part 8400.4040 due to economic hardship or technical infeasibility.

Subp. 2.

Local government variances.

If a local government feels that a particular requirement of parts 8400.4000 to 8400.4070 prevents conservation practices or sedimentation control practices from being installed, a written request for a variance may be filed with the board. The request must contain:

A.

the name and address of the local government making the request and the signature of the appropriate personnel;

B.

the nature of the variance being sought, including an identification of the applicable rule from which the variance is sought, the time period for which it is sought, and the reason for seeking the variance;

C.

a statement of alternatives for dealing with installation of the affected practices if the variance is not granted; and

D.

a statement of the effects on applicable natural resources and the public if the variance is granted.

Subp. 3.

Decision.

Local government variance requests must be submitted to the board at least 30 days prior to the board meeting at which the variance is to considered. Within 45 days after the meeting, the board must approve or deny the variance request and provide written notification of the decision to the applicant. A variance may not be granted if it is in conflict with any statute.

Subp. 4.

Modifications.

If a variance has been granted by the board, the local government holding the variance may file with the board, at any time, a written request for modification or amendment of the variance. The request for modification or amendment and the board's consideration of the request must comply with this part.

Statutory Authority:

MS s 40.21

History:

11 SR 742

Published Electronically:

March 7, 2013