Section 12-10-200.4 - Variance Procedures(1) The Mississippi DFA Deputy Executive Directors shall serve as the appeal board and shall hear and decide appeals and requests for variances from the requirements of these regulations; (2) The MS Department of Finance & Administration shall hear and decide appeals when it is alleged there is an error in any requirements, decision or determination made by the State Property Floodplain Manager in the enforcement or administration of these regulations; (3) Any state agency or person aggrieved by the decision of MS Department of Finance & Administration may appeal such decision to the Chancery Court of Hinds County, Mississippi; (4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or those which are considered eligible for nomination to the National Register by the Executive Director of MS Department of Archives & History or which are listed by the State Inventory of Historic Places without regard to the procedure set forth in the remainder of those section and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation. See FEMA NFIP Bulletin on Historic Structures on the DFA Office of State Property Insurance website; (5) In passing upon such application, the MS Department of Finance & Administration (Appeal Board) shall consider all technical evaluations, all relevant factors, all standards specified in other sections of these regulations, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger of life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the state; (d) The importance of the services provided by the proposed facility to the state; (e) The necessity to the facility of a waterfront location, in the case of a functionally dependent facility. (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise and sediment transport of flood waters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and structures such as sewer, gas electrical and water systems and streets and bridges. (6) Upon consideration of the factors listed above, and the purposes of these regulations, the MS Department of Finance & Administration (Appeal Board) may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations; (7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result; (8) Conditions of Variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as to not destroy the historic character and design of the building; (b) Variances shall only be issued upon: (i) showing of a good and sufficient cause;(ii) a determination that failure to grant the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimizations of the public, or conflict with existing state laws;(c) Any applicant to whom a variance is granted shall be given a written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from reduced lowest floor elevation; (d) The State Property Floodplain Manager shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and our Insurance Broker of Record.12 Miss. Code. R. 10-200.4