The commissioner may grant a variance if:
the variance will have no potential adverse effect on public health, safety, or the environment;
the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the rule;
strict compliance with the rule will impose an undue burden on the applicant; and
the variance does not vary a statutory standard.
In granting a variance the commissioner may attach conditions the commissioner determines are needed to protect public health, safety, or the environment.
A variance shall have only future effect.
MS s 14.05
15 SR 1597
May 11, 2009