N.M. Admin. Code § 17.8.3.13

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.8.3.13 - VARIANCES

A. An applicant may request a variance from any of the requirements of this rule, provided such variance will not create a conflict with state law.

B. A petition for variance must be supported by an affidavit signed by an officer of the applicant or someone with authority to sign for the applicant.

C. The applicant shall send notice of any request for a variance to the property owner(s) who are affected by the variance or who possess an ownership interest in the property. The notice shall indicate the nature of the variance requested and state that the property owner(s) may submit written or oral comments on the request for a variance. The authority may, at its discretion, require an informal conference or formal evidentiary hearing prior to making its determination on a request for variance. In the event an informal conference or a formal evidentiary hearing is held, oral comment shall be accepted at that time.

D. A petition for variance shall:

(1) identify the section of this rule for which the variance is requested;

(2) describe the situation that necessitates the variance;

(3) describe the effect of complying with this rule on the applicant if the variance is not granted; and

(4) describe the result the variance will have if granted.

N.M. Admin. Code § 17.8.3.13

17.8.3.13 NMAC - N, 12/15/2011