28-25.011. Variances

Variance procedures provided in local ordinances shall apply to the Area of Critical State Concern. However, in addition to the standards provided in such ordinances, no variance shall be granted for any development within the Critical Area unless such development is designed, consistent with Critical Area regulations, to have minimum adverse impact on the Area’s water storage capacity, surface water and estuarine fisheries. The applicant shall have the affirmative burden of establishing that the development will not have an adverse impact on such resources.