New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter A - Land Use
Part 505 - Coastal Erosion Management
Department Regulation of Coastal Erosion Hazard Areas
Section 505.13 - Variances
Current through Register Vol. 46, No. 39, September 25, 2024
(a) When an applicant can demonstrate that the strict application of the restrictions or requirements of sections 505.7 -505.9 of this Part will cause practical difficulty or unnecessary hardship, any such restriction or requirement may be varied or modified, provided that the following criteria are met:
(b) Any person wishing to make a request for a variance must do so in writing. The variance request must specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria established in subdivision (a) of this section. The burden of demonstrating that the requested variance meets these criteria rests entirely with the applicant.
(c) The regional permit administrator may on his own motion treat an application for a permit under this Part as a request for a variance and may request from the applicant the information required by this section.