A.
A person may request a variance from this chapter or the requirement
of Natural Resources Article, §§ 5-1601 through 5-1612,
Annotated Code of Maryland, if the person demonstrates that enforcement
would result in unwarranted hardship to the person.
B.
An applicant for a variance shall:
(1)
Describe the special conditions peculiar to the property which would
cause the unwarranted hardship;
(2)
Describe how enforcement of these rules will deprive the applicant
of rights commonly enjoyed by others in similar areas;
(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)
Verify that the variance request is not based on conditions or circumstances
which are the result of actions by the applicant;
(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)
Verify that the granting of a variance will not adversely affect
water quality.
D.
Notice of a request for a variance shall be given to the Department
of Natural Resources within 15 days of receipt of a request for a
variance.
E.
There is established by this chapter the right and authority of the
Department of Natural Resources to initiate or intervene in an administrative,
judicial, or other original proceeding or appeal in the state concerning
an approval of a variance under Natural Resources Article, §§ 5-1601
through 5-1612, Annotated Code of Maryland, or this chapter.
