1. (a) In addition to the requirements of any other applicable rule or law, the department shall grant a waiver of a rule if it determines that:

   1. (1) Granting the waiver will not result in:

      1. a. An adverse effect on public safety or the environment that is greater than adherence to the applicable rule; and
      2. b. An adverse impact on abutting properties that is more significant than that which would result from complying with the rule;
   2. (2) The purposes and intent of RSA 482-A will be met if the waiver is granted; and
   3. (3) Granting the waiver will not have the effect of waiving or modifying a statutory requirement.

2. (b) If the department determines that an applicant is unable to meet the standard in (a)(1), the department shall grant a waiver of a rule if it determines that:

   1. (1) Application of the rule to the property will prohibit all reasonable use of the property based on the special and unique conditions of the property that distinguish it from other properties in the area;
   2. (2) Any adverse effect or impact is minimized to the maximum extent practicable; and
   3. (3) The requirements in (a)(2) and (3) are met.
3. (c) The department shall grant a waiver pursuant to RSA 482-A:26, III(b) only if it determines that the criteria listed in RSA 482-A:26, III(b) are met.

Source. #6498-B, eff 4-23-97, EXPIRED: 4-23-05 New. #8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13; ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); ss by#13948, eff 4-30-24