Section NR 162.19 - Variances(1) GENERAL. The department may, on its own initiative or pursuant to a written request from an applicant, approve a variance from a requirement of this chapter when it determines that special circumstances make a variance in the best interest of the state. Any variance approved shall be consistent with the objectives of ss. 281.58 and 281.59, Stats.(2) APPLICABILITY. The department may only approve a variance from a non-statutory requirement of this chapter.(3) REQUEST FOR VARIANCE. An applicant shall submit a request for a variance in writing to the department as soon as it is determined a variance is needed. Each request for a variance shall contain all of the following: (a) The name of the applicant and CWFP project number.(b) The section of this chapter from which the applicant seeks a variance and a statement explaining why the variance is necessary.(c) An adequate description of the variance desired, and the facts that the recipient believes warrant the department's approving the variance.(d) A statement as to whether the recipient has previously requested the same or a similar variance, and if so, the circumstances of the previous request.Wis. Admin. Code Department of Natural Resources NR 162.19
CR 03-027: cr. Register November 2003 No. 575, eff. 12-1-03.Amended by, CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15; correction in (2) made under s. 35.17, Stats., Register June 2015 No. 714, eff.7/1/2015.Adopted by, CR 22-045: cr. Register October 2023 No. 814, eff. 11/1/2023