3116. VARIANCES TO THIS CHAPTER

3116 VARIANCES TO THIS CHAPTER 3116.1 An applicant for a permit in the floodplain who is subject to the requirements of this chapter may petition DOEE for a variance from any of the following as applied to the applicant: Regulatory flood elevation determinations, flood hazard area boundaries, floodway locations, or other FIRM-related determinations; Decisions made by DOEE regarding land-disturbing development, including but not limited to mining, dredging, filling, grading, paving, and excavations; and Decisions made by DOEE regarding the information requirements set forth in the permit application process pursuant to § 3106. 3116.2 DOEE may grant a variance in response to a petition pursuant to § 3116.1 if the applicant shows, to the satisfaction of DOEE, that: (a) The unique characteristics of the size, configuration, or topography of the site justify a change to the regulatory flood elevations in this chapter; (b) Failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable due to conditions such as unique physical and topographical conditions of the property; (c) Granting a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, or conflict with other existing laws; or regulations; or (d) The variance is the minimum necessary to afford relief considering the flood hazard. 3116.3 A variance shall not be granted for any construction, development, use, or activity inside any floodway area that would cause any increase in the regulatory flood elevations. 3116.4 A variance shall not be granted for an accessory structure exceeding six hundred square feet (600 sq. ft.). 3116.5 When DOEE issues an order granting a variance, that order may include, and the requester must abide by, any reasonable condition or safeguard DOEE deems necessary to protect the public health, safety, and welfare, and to achieve the objectives of this chapter and the District of Columbia Applications Insurance Implementation Act (D.C. Official Code § 6-501 et seq.). 3116.6 All other requests to deviate from the floodplain management regulations, including those regarding buildings or other temporary or permanent structures, shall be made to DOB through the code modification process in § 3117. SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3116