Section NR 166.22 - Variances(1) GENERAL. The department may, on its own initiative or pursuant to a written request from an applicant, approve a variance from a requirement of this chapter when it determines that special circumstances make a variance in the best interest of the state. Any variance approved shall be consistent with the objectives of ss. 281.59 and 281.61, Stats.(2) APPLICABILITY. The department may only approve a variance from any non-statutory requirement of this chapter.(3) REQUEST FOR VARIANCE. An applicant shall submit any request for a variance in writing to the department as soon as it is determined a variance is needed. Each request for a variance shall contain all of the following: (a) The name of the applicant and the SDWLP project number.(b) The section of this chapter from which the applicant seeks a variance and a statement explaining why the variance is necessary.(c) An adequate description of the variance desired, and the facts which the recipient believes warrant the department's approving the variance.(d) A statement as to whether the recipient has previously requested the same or a similar variance, and if so, the circumstances of the previous request.(4) GRANTING A VARIANCE. Before granting a variance, the department shall consider factors such as good cause, circumstances beyond the control of the recipient, emergencies, natural disasters, and financial hardship.Wis. Admin. Code Department of Natural Resources NR 166.22
CR 06-023: cr. Register May 2007 No. 617, eff. 6-1-07.Amended by, CR 14-044: cr. Register June 2015 No. 714, eff.7/1/2015.Adopted by, CR 22-068: cr. Register October 2023 No. 814, eff. 11/1/2023