Section 20-3108. VARIANCES

 

3108.1Requests for a variance from the requirements of this Chapter may be granted upon a written request to DCRA. Requests for a variance that may affect the base flood elevation as provided by § 3105.8 shall also be submitted to DDOE. Consideration shall be given, but shall not be limited to, the following factors:

 

(a) That there is good and sufficient cause to grant the request;

 

(b) That the full performance of the requirements of this chapter would result in undue hardship by reason of excessive structural or mechanical difficulty or impracticality of bringing the premises affected into full compliance with this Chapter; and

 

(c) Granting the variance would not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of the public or conflict with any other applicable laws and regulations.

 

3108.2No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the base flood elevation. 

 

3108.3Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development which may endanger human life (§ 3106.2).

 

3108.4A variance shall involve only the least modification necessary to provide relief.

 

3108.5In granting any variance, the Director of DCRA or his or her delegated representative shall attach reasonable conditions and safeguards considered necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of D.C. Law 1-64 and this Chapter.

 

3108.6Whenever a variance is granted, the Director of DCRA or his or her delegated representative shall notify the applicant, in writing, of the following:

 

(a) The granting of the variance may result in increased premium rates of up to twenty-five dollars ($25.00) for every one hundred dollars ($100.00) for flood insurance; and

 

(b)The variances may increase the risks to life and property.

 

3108.7A complete record of all variance requests and related actions shall be maintained by the Director of DCRA or his or her delegated representative. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

 

3108.8Notwithstanding any provision of this section, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood.

 

authority

The Acting Director of the District Department of the Environment (the Department, or DDOE), in accordance with the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq.), the Water Pollution Control Act of 1984, as amended, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.01, et seq.), the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; codified at Chapter 21 of District of Columbia Municipal Regulations (DCMR), §§ 500 through 507), the District of Columbia Applications Insurance Implementation Act, (District of Columbia Law 1-64, D.C. Official Code § 6-501, et seq.), and Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 32 DCR 6547, 6560 (November 15, 1985): as amended by Final Rulemaking published at 35 DCR 962, 963 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10779 (November 19, 2010).

EditorNote

20 DCMR 3108 is formerly entitled, "Special Requirements for Manufactured Homes."