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Variances

Pursuant to IC 22-13-2-11, the Commission may grant a variance to its rule. To qualify for a variance, you must pay a fee and submit facts demonstrating that:

  1. compliance with the rule will impose an undue hardship upon the applicant or prevent the preservation of an architecturally significant or historically significant part of a building or other structure; and
  2. either:
    1. noncompliance with the rule; or
    2. compliance with an alternative requirement approved by the body adopting the rule;

will not be adverse to the public health, safety, or welfare.

To submit a request for a variance, please complete an application provided below. Please be advised, staff strongly encourages that you submit your request by completing the online application. However, if you are completing a paper application, submit the application to the address provided on the top corner of the application.

Upon receiving a complete variance application (as outlined in 675 IAC 12-5-5), staff will review the application and place it on the first Commission’s agenda scheduled at least 21 days subsequent to completion. See the above variance filing deadline document to determine what date your variance will be considered by the Commission. Under special circumstances, variance applications may be placed on the Commission’s agenda within this 21 day window, by submitting a complete variance application and following the procedures for consideration of untimely filed variance applications below:

To verify the date your request will be considered by the Commission, outside of consulting the variance filing deadline document, please see the Commission’s agenda which can be viewed by accessing the Commission’s meeting materials found here. (This link is updated monthly so please be patient and check back frequently if the webpage does not provide information concerning the upcoming meeting.) It is advised that you or a representative be present at the Commission meeting and be prepared to respond to questions the Commission may have concerning your variance request. If additional information is needed for determination of your request and you are not present, the Commission may table consideration of your variance request until the next meeting or deny it based on the substance of the application. If your request is tabled, please be prepared to appear and provide additional information at the next scheduled Commission meeting.

Following the Commission’s action on a variance request, a variance action letter will be delivered to the applicant that explains the action taken. The Commission’s action on a variance request is final, subject to the administrative review process.

Variance applications and previously issued variance action letters can be viewed using the databases below:

If you have any questions or concerns regarding the above process, please email variances@dhs.in.gov.