Variances and Exceptions Rule

Download the full Variances and Exceptions Rule PDF.

Adopted May 26, 2011
Effective June 1, 2011

1. VARIANCES AUTHORIZED

The Board of Managers may hear requests for variances from strict compliance with provisions of the District Rules.

2. STANDARD

To grant a variance, the Board of Managers must determine, based on a showing by the applicant:

(a) that because of special conditions inherent to the property, which do not apply generally to other land or structures in the District, strict compliance with a provision of a District rule will cause undue hardship to the applicant or property owner;

(b) that the hardship was not created by the landowner, the landowner’s agent or representative, or a contractor. Economic hardship is not grounds for issuing a variance;

(d) that there is no feasible and prudent alternative to the proposed activity requiring the variance; and

(e) that granting the variance will not impair or be contrary to the intent of these rules.

3. TERM

A variance or exception will remain valid only as long as the underlying permit remains valid.

4. VIOLATION

A violation of any condition of approval of a permit subject to a variance shall constitute grounds for termination of the variance.

5. EXCEPTIONS

The Board of Managers may grant an exception from a provision of these rules requiring a particular treatment or management method, or setting forth a design specification of such a method, on a determination that the proposed application, with such further conditions as the Board may impose, will achieve a greater degree of water resource protection than would strict compliance with the provision.

6. SUPERMAJORITY REQUIREMENT

A variance or exception must be approved by a two-thirds majority of managers voting.

REVISIONS PURSUANT TO MINNESOTA STATUTES §103D.341