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Minnesota Legislature

Office of the Revisor of Statutes

4626.1695 VARIANCE REQUEST; CRITERIA FOR DECISION.

The regulatory authority shall grant a variance if:

A.

the variance was requested in the manner prescribed in part 4626.1690;

B.

the variance will have no potential adverse effect on public health, safety, or the environment;

C.

the alternative measures to be taken, if any, are equivalent to or superior to those prescribed;

D.

strict compliance with the rule will impose an undue burden on the applicant;

E.

the variance does not vary a statutory standard or preempt federal law or rule; and

F.

the variance has only future effect.

Statutory Authority:

MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011

History:

23 SR 519; 43 SR 295

Published Electronically:

January 2, 2019