Code of Massachusetts Regulations
780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
Chapter 115 - Appendices
Appendix G - Flood-Resistant Construction
Section G105 - VARIANCES
Subsection G105.7 - Conditions for issuance
Current through Register 1531, September 27, 2024
Variances shall only be issued by the board of appeals upon:
1. A technical showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site renders the elevation standards inappropriate;
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable;
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances;
4. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and
5. Notification to the applicant in writing over the signature of the building official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.