Ala. Admin. Code r. 335-8-1-.13
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-8-1-.13 - Variances(1) The Department may grant a variance from any requirement of this Administrative Code where the applicant therefore has demonstrated to the satisfaction of the Department that application of the requirement would be unduly restrictive or constitute a taking of property without payment of full compensation in accordance with the Constitution of the State of Alabama or of the United States. Any variance granted pursuant to this Rule may impose conditions and requirements to effectuate to the maximum extent the object of the rule for which a variance is sought without being unduly restrictive or constituting a taking of property without payment of full compensation in accordance with the Constitution of the State of Alabama or of the United States.(2) An application for a variance pursuant to this rule shall contain, at a minimum, the following information: (a) a completed application form and any information required for the type of use for which the variance is being sought;(b) a certified letter indicating specifically from which regulation(s) a variance is sought;(c) a legal argument and documentation which demonstrates that failure by the Department to grant a variance would constitute a taking of property without just compensation;(d) a certified copy of the deed or other instrument under which the applicant claims title or possession of the property upon which the project will be carried out;(e) a demonstration that the project has been planned so as to minimize impacts on the coastal area for which the regulation, from which a variance is sought, was adopted and a demonstration that no alternative sites or means to accomplish the desired activity are available; and(f) other information as the Department may require. Author: John C. Carlton
Ala. Admin. Code r. 335-8-1-.13
Effective: August 14, 1979. Amended: October 10, 1984; October 9, 1985. Repealed and New Rule: Filed May 26, 1994; Effective June 30, 1994.Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.