1. A. An applicant may request a variance from this subtitle or the requirements of Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.

2. B. An applicant for a variance shall:

   1. (1) Describe the special conditions peculiar to the property which would cause the unwarranted hardship;
   2. (2) Describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;
   3. (3) Verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants;
   4. (4) Verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant;
   5. (5) Verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and
   6. (6) Verify that the granting of a variance will not adversely affect water quality.
3. C. The Department shall make findings that the applicant has met the requirements in §§A and B of this regulation before the Department may grant a variance.

Authority: Natural Resources Article, §§1-104 and 5-1601—5-1612; State Government Article, §10-206; Annotated Code of Maryland

Effective date: January 20, 1992 (19:1 Md. R. 24)

Regulation .01 amended effective November 2, 2009 (36:22 Md. R. 1723)

Regulation .01A amended effective March 14, 2005 (32:5 Md. R. 579)

Regulations .02F, .04A, and .05A amended effective November 22, 1993 (20:23 Md. R. 1803)

Regulation .02 repealed and new Regulation .02 adopted effective July 1, 1996 (23:13 Md. R. 941)

Regulation .03 amended effective July 1, 1996 (23:13 Md. R. 941); June 15, 1998 (25:12 Md. R. 946)

Regulation .03B amended effective November 2, 2009 (36:22 Md. R. 1723)

Regulation .04 repealed and new Regulation .04 adopted effective July 1, 1996 (23:13 Md. R. 941)

Regulation .04J adopted effective August 20, 2001 (28:16 Md. R. 1482)

Regulation .05 repealed and new Regulation .05 adopted effective July 1, 1996 (23:13 Md. R. 941)

Regulation .07 amended effective June 15, 1998 (25:12 Md. R. 946)

Regulation .07C, D amended effective November 2, 2009 (36:22 Md. R. 1723)

Regulation .08 amended effective June 15, 1998 (25:12 Md. R. 946)

Regulation .09A amended effective November 2, 2009 (36:22 Md. R. 1723)

Regulation .09C adopted effective June 15, 1998 (25:12 Md. R. 946)

Regulation .09C adopted effective March 30, 2015 (42:6 Md. R. 511)

Regulation .09-1 adopted effective June 15, 1998 (25:12 Md. R. 946)

Regulation .11A amended effective August 20, 2001 (28:16 Md. R. 1482)

Regulation .12B, E amended effective August 20, 2001 (28:16 Md. R. 1482)

Regulation .13B amended effective April 5, 2010 (37:7 Md. R. 569)