Minn. R. agency 144, ch. 4626, CODE APPLICABILITY, pt. 4626.1695

Current through Register Vol. 49, No. 27, December 30, 2024

Part 4626.1695 - VARIANCE REQUEST; CRITERIA FOR DECISION.*

The regulatory authority shall grant a variance if:

A. the variance was requested in the manner prescribed in part 4626.1690;

B. the variance will have no potential adverse effect on public health, safety, or the environment;

C. the alternative measures to be taken, if any, are equivalent to or superior to those prescribed;

D. strict compliance with the rule will impose an undue burden on the applicant;

E. the variance does not vary a statutory standard or preempt federal law or rule; and

F. the variance has only future effect.

Minn. R. agency 144, ch. 4626, CODE APPLICABILITY, pt. 4626.1695

23 SR 519

43 SR 295

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.08; 144.12; 157.011