Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 151 - Runoff Management
Subchapter II - Agricultural Performance Standards and Prohibitions
Section NR 151.097 - Variances
Universal Citation: WI Admin Code ยง NR 151.097
Current through August 26, 2024
(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.
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.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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