As Amended May 25, 2000

1. VARIANCES AUTHORIZED. The Board of Managers may hear requests for variances from the literal provisions of these rules in instances where their strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The Board of Managers may grant variances where it is demonstrated that such action will be keeping with the spirit and intent of these rules.

2. STANDARD. In order to grant a variance, the Board of Managers shall determine that the special conditions which apply to the structure or land in question do not apply generally to other land or structures in the District, that the granting of such variance will not merely serve as a convenience to the applicant, and that the variance will not impair or be contrary to the intent of these rules. A hardship cannot be created by the landowner, the landowner's agent or representative, or a contractor, and must be unique to the property. Economic hardship not grounds for issuing a variance.

3. TERM. A variance shall become void after one year after it is granted if not used.

4. VIOLATION. A violation of any condition set forth in a variance shall be a violation of the District rules and shall automatically terminate the variance.

5. EXCEPTIONS. The Board of Managers may grant an exception from a provision of these rules requiring a particular treatment or management method, or setting forth a design specification of such a method, on a determination that the proposed application, with such further conditions as the Board may impose, will achieve a greater degree of water resource protection than would strict compliance with the provision.

6. SUPERMAJORITY REQUIREMENT. A variance or exception must be approved by a two-thirds majority of managers voting.