01- 669 C.M.R. ch. 20, § 5

Current through 2024-51, December 18, 2024

Section 669-20-5 - VARIANCE

A.Petition: Any forest landowner may petition the Director for permission to operate in a manner inconsistent with these rules.

B.Burden of Proof: The burden of proof is on the petitioner to demonstrate that:

1. Strict compliance with the regulations or standards would, because of unique conditions of topography, access, location, shape, size, or other physical features of the site or forest condition, cause unusual hardship or extraordinary difficulties;

2. The unusual hardship or extraordinary difficulties claimed as a ground for variance have not been created by the owner or a predecessor in title;

3. The proposed use meets the purpose and intent of 12 M.R.S. c. 805; and

4. The public interest is othe rwise served.

C.Public Input on Variance Requests

1. The Bureau maintains a list of persons interested in being notified of variance petitions (Forest Practices Variance List). Persons interested in being notified of variance petitions must request such notification from the Bureau in writing.

2. When the Bureau receives a petition for variance the Bureau will notify all persons on the Forest Practices Variance List and all landowners within 1,000 feet of the parcel or parcels for which the variance is being requested, as shown on municipal or state tax maps. The notice will include the name of the petitioner, the location of the proposed harvest area, and the section(s) of this rule for which the petitioner requests a variance. Such notice generally will be sent by regular mail within five working days from the date the Bureau receives the petition for variance.

3. The petition for variance, including all suppo rting information supplied by the petitioner, will be available for examination by appointment during regular business hours at the offices of the Bureau in Augusta. Copies of the full variance petition and supporting documents will be made available upon request at a cost as determined by Bureau policy in effect at the time of the request.

4. Any person may submit written comments regarding the variance petition to the Bureau. Unless otherwise indicated by the Bureau, in order to be considered, written comments must be received no later than 15 calendar days after the Bureau mails the notification of petition for variance.

D.Bureau Recommendations: Bureau staff shall make a recommendation to the Director indicating such facts, findings, terms and/or conditions as may be appropriate.

E.Findings: The Director may issue a variance only after making written findings of fact and conclusions supporting the determinat ion that the petitioner has met the burden of proof. The variance may be issued upon such terms and conditions as the Director deems appropriate and the landowner shall comply with the terms and conditions. If the variance is not issued as requested, the Director shall provide the petitioner with written notice of the reasons for denial. The variance or denial shall be issued in a timely fashion.

01- 669 C.M.R. ch. 20, § 5