Section NR 738.14 - Variances(1) GENERAL. The department may approve variances from provisions of this chapter when it is determined that variances do not conflict with statutory requirements, are essential to effect necessary actions or department objectives, and where special circumstances make variances in the best interests of the state.(2)FINANCIAL HARDSHIP. (a) The department may grant a variance from s. NR 738.06 to allow payment of costs under this chapter toward a permanent replacement water supply if the following conditions are met: 1. The well owner is the affected party.2. The well owner requests a variance based upon the financial hardship criteria in par. (c) and submits evidence, including family income, to justify the financial hardship claim.3. The well owner has submitted a claim and has been issued an award or a proceed notice under s. NR 123.23.4. The department determines that the cost of the permanent replacement water supply would create an unreasonable financial hardship for the well owner.(b) The variance request may be incorporated as part of a claim under ch. NR 123.(c) If the department grants a financial hardship variance to allow payment of costs toward a permanent replacement water supply, payment shall be based on the following: 1. If the annual family income of the well owner is 50% or less of the county median income for the county in which the residence is located, as determined in accordance with s. NR 123.20, the department may pay 100% of the remaining eligible costs which are not covered by an award under s. NR 123.24, less a deductible amount of $250.2. If the annual family income of the well owner is more than 50% but not more than 75% of the county median income for the county in which the residence is located, as determined in accordance with s. NR 123.20, the department may pay 50% of the remaining eligible costs which are not covered by an award under s. NR 123.24, less a deductible amount of $250.3. Notwithstanding sub. (2), if an award or a proceed notice has been issued under s. NR 123.23, and if the well owner's share of eligible costs for the permanent replacement water supply exceeds 25% of the annual family income of the well owner, the department may pay the remaining eligible costs which are not covered by an award under s. NR 123.24, less a deductible amount of 5% of the annual family income.(d) The department may pay the greater share of the eligible costs computed under par. (c).Wis. Admin. Code Department of Natural Resources NR 738.14
Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 12-023: 738.14 renum. from 738.09, am. (2) (c) 3., cr. (2) (d) Register October 2013 No. 694, eff. 11-1-13, correction in (2) (c) 3. made under s. 13.92(4) (b) 7, Stats., Register November 2013 No. 695.