La. Admin. Code tit. 43 § XI-1505

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-1505 - Variances (Formerly section 305)

A. The assistant secretary shall by written order grant a variance from any requirement of these rules in any case where he is shown that:

1. compliance with the requirement would constitute a violation of federal law or regulation;

2. compliance is technically infeasible or impractical; or

3. compliance would impose unreasonable or unnecessary burdens on the person seeking the variance.

B. Any person seeking a variance shall provide a complete statement of the grounds therefor, including all supporting documentation. If the information provided is sufficient to justify the claim, the assistant secretary shall grant either an unconditional variance or a variance conditioned upon the person taking specific actions to prevent or minimize interference with fishing, shrimping or other navigation.

La. Admin. Code tit. 43, § XI-1505

Promulgated by the Department of Natural Resources, Office of Conservation, LR 11:703 (July 1985), LR 12:115 (February 1986), Repromulgated LR 49294 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4-D through 4-H.