01-669 C.M.R. ch. 27, § 10 - Variance

A. A variance to the strict applications of these rules may be granted as specified in MFS Rule Chapter 20 (Forest Regeneration and Clearcutting Standards, Section 6) for activities in all subdistrict except P-FP.

B. For activities located in P-FP subdistricts, the Bureau may grant a variance from the requirements of this rule consistent with state law and the following:

1. Variances shall not be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

2. Variances shall be granted only upon:

a. A showing of good and sufficient cause;

b. A determination that should a flood comparable to the base flood occur, the granting of a variance will not result in increased flood heights, additional threats to public safety, public expense or create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances;

c. A showing that the issuance of the variance will not conflict with other federal, state or local laws or ordinances; and

d. A determination that failure to grant the variance would result in undue hardship which in this subsection means:

i. That the land in question cannot yield a reasonable return unless a variance in granted;

ii. That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the vicinity;

iii. That the granting of a variance will not alter the essential character of the locality; and

iv. That the hardship is not the result of action taken by the applicant or a prior owner.

3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, and to afford relief. The Bureau may impose conditions to a variance that it deems necessary.

Notes

01-669 C.M.R. ch. 27, § 10