Section NR 113.15 - Variances(1) GENERAL. The department may approve a variance from the requirements of this chapter when it determines that special circumstances make compliance impractical or not in the best interests of the state and the department is satisfied that issuance of a variance will not contaminate any lands or waters of the state or make any lands or waters of the state injurious to public health, harmful to commercial or agricultural use, or deleterious to animal or plant life.(2) APPLICABILITY. A variance may be requested from any requirement in this chapter that is not based on state statutes or federal statutes or regulations. A variance may not be issued for a statutory requirement.(3) REQUEST FOR VARIANCE. An owner shall submit a written request to the department for a variance under this section. Each request for a variance shall contain all of the following:(a) The name, address, phone number, and business license number of the applicant.(b) The section of this chapter from which a variance is sought and a statement explaining why the variance is necessary.(c) An adequate description of the variance and the circumstances in which it will be used, including any pertinent background information that is relevant to making a determination on the justification of granting the variance.(d) A statement as to whether the same or similar variance has been requested previously, and if so, circumstances of the previous request.(4) WRITTEN DETERMINATION. The department shall approve or deny the variance request in writing. The business shall retain a copy of each variance request and the department's decision.(5) VARIANCE CANCELLATION. Violations of this chapter may result in the cancellation of a previously approved variance.Wis. Admin. Code Department of Natural Resources NR 113.15
Cr. Register, September, 1996, No. 489, eff. 1-1-97.Amended by, CR 20-046: am. (1), (3) (intro.), (a) to (c), cr. (4), (5) Register September 2021 No. 789, eff. 10/1/2021