Variances

Variances. (1) General. The department may, on its own initiative or pursuant to a written request from an applicant, approve a variance from a requirement of this chapter when it determines that special circumstances make a variance in the best interest of the state. Any variance approved shall be consistent with the objectives of ss. 281.59 and 281.61 , Stats. (2) Applicability. The department may only approve a variance from any non–statutory requirement of this chapter. (3) Request for variance. An applicant shall submit any request for a variance in writing to the department as soon as it is determined a variance is needed. Each request for a variance shall contain all of the following: (a) The name of the applicant and the SDWLP project number. (b) The section of this chapter from which the applicant seeks a variance and a statement explaining why the variance is necessary. (c) An adequate description of the variance desired, and the facts which the recipient believes warrant the department’s approving the variance. (d) A statement as to whether the recipient has previously requested the same or a similar variance, and if so, the circumstances of the previous request. (4) Granting a variance. Before granting a variance, the department shall consider factors such as good cause, circumstances beyond the control of the recipient, emergencies, natural disasters, and financial hardship.