Section ATCP 93.170 - Petition for variance The department shall consider and may grant a variance to a provision of this chapter. The petition for variance shall establish an equivalency which meets the intent of this chapter.
(1) APPLICATIONS FOR PETITION FOR VARIANCE. A petition for variance must include all of the following: (a) A completed and notarized petition for variance form, TR-WM-129.(b) A petition for variance fee of $300.00.(c) If the petition is requesting a variance from building or property setback requirements, a position statement completed by the fire department having jurisdiction.(2) DEPARTMENT ACTION. (a) Upon receipt of the petition for variance, including all required information, the department shall evaluate the petition for variance and determine if it provides for an equivalency which meets the intent of this chapter.(b) If additional information is needed, the department shall notify the owner in writing of the specific information required.(c) If the department determines that the petition for variance provides an equivalency, the department shall approve the variance.(e) If the department determines that the petition for variance does not provide an equivalency, the department may: 1. Approve the petition for variance subject to specific conditions determined by the department which shall establish an equivalency which meets the intent of the rule;2. Grant a temporary variance to delay enforcement of a rule to a specified date, not to exceed one year. In requesting the variance, the petitioner shall demonstrate that all available steps are being taken to safeguard the public and environment and shall possess and describe a program for coming into compliance with the rule as quickly as possible. A temporary variance may be renewed no more than twice, not to exceed one year each, and only if the petitioner files an application for renewal at least 90 calendar days before expiration of the temporary variance;3. Grant an experimental variance to allow the petitioner to participate in an experiment approved by the department to demonstrate or validate new or improved techniques to safeguard the public and the environment; or4. Deny the petition for variance.(3) NOTIFICATION OF PETITION FOR VARIANCE DETERMINATION. The department shall notify the petitioner in writing of the petition for variance determination, including any conditions of approval. Any denial shall include the reason for denial and information on the appeals procedure.(4) TIME LIMIT FOR PROCESSING. The department shall review and make a determination on an application for a petition for variance within 30 business days.(5) MODIFICATIONS AND REVISIONS. (a) If a petition for variance is initially denied by the department, the petitioner may, in writing, modify the request for variance by submitting additional or other alternatives in order to provide an equivalency and resubmit the application for the petition for variance.(b) The petitioner may, in writing, request that the petitioner's original statements or the conditions of approval be modified and resubmit the application for the petition for variance.(6) REVOCATION. The department may revoke any petition for variance where it is determined that the variance was obtained through fraud or deceit or where the petitioner has violated the specific conditions on which the variance was approved.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.170
CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.Amended by, corrections in (1) (Note [2]) made under s. 13.92(4) (b) 7, Stats., Register August 2016 No. 728, eff. 9/1/2016.Adopted by, CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (e) 2. made under s. 35.17, Stats., Register October 2019 No. 766, eff. 11/1/2019