Section NR 151.097 - Variances(1) The department may grant a variance to the performance standards, technical standards or other non-statutory requirements in this subchapter.(2) The department may not grant a variance solely on the basis of economic hardship.(3) The department may grant a variance only if all of the following conditions are met: (a) Compliance with the performance standard or technical standard is not feasible due to site conditions. This condition does not apply to research activities conducted as part of a planned agricultural research and farming curriculum.(b) The landowner or operator will implement best management practices or other corrective measures that ensure a level of pollution control that will achieve a level of water quality protection comparable to that afforded by the performance standards in this subchapter.(c) The conditions for which the variance is requested are not created by the landowner or operator or their agents or assigns. This condition does not apply to research activities conducted as part of a planned agricultural research and farming curriculum.(4) The department shall use the following process when administering a variance request: (a) The landowner or operator shall submit the variance request to the department or governmental unit, including a county land conservation committee within 60 days of receiving the notice.(b) The governmental unit shall forward any variances that it receives to the department. The department may consider a recommendation from the governmental unit concerning acceptance of the variance request.(c) The department shall make its determination based on the factors in sub. (3).(d) The department shall notify the landowner or operator and the governmental unit of its determination. If the variance is granted, the department or governmental unit shall send to the landowner or operator an amended notice.(e) The period of time required to make a ruling on a variance request does not extend the compliance periods allowed under ss. NR 151.09 and 151.095.Wis. Admin. Code Department of Natural Resources NR 151.097
CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02.The department may consider decisions made by a governmental unit, in accordance with local ordinance provisions, when making its determination whether to accept or deny the variance.