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Environmental Health Division
Variance Application
The Commissioner of Health has the authority to promulgate rules regulating the construction, repair, and sealing of wells and borings and to vary a rule requirement under certain, unique circumstances. Minnesota Statutes, section 103I.101, subdivision 6, authorizes the Commissioner to charge a fee (currently $325) for processing requests for variance or modification of any rule part. For the Minnesota Department of Health (MDH), Minnesota Rules, chapter 4717, include the general criteria, procedures, and requirements for review and consideration of variance requests. Minnesota Rules, part 4725.0410, detail the specific requirements for variance requests to Minnesota Rules, chapter 4725 (Wells and Borings).
A variance can be granted only to rule. A variance cannot be issued to a statutory requirement. A variance can be issued only for future effect and not after the fact. In other words, a variance cannot be issued to a non-complying installation or activity after that installation or activity has taken place. When applying for a variance, the applicant must explain why the rule requirement cannot be met, demonstrate that the measures to be taken achieve the same level of protection of health and the environment as would be achieved by the rule to be varied, note any hardships posed by meeting the rule requirement, and add any other information relevant to the decision.
Variances are granted only in writing. In granting a variance, MDH may place conditions on the variance, such as stricter notification to enable inspection, enhanced construction or sealing requirements, testing, reporting, and other measures. Failure to meet the conditions of a variance will void that variance and be considered a violation of rule and statute. In jurisdictions where the well program has been delegated by MDH, any variance request must be approved by both MDH and the delegated authority.
Reference Guide for Variance Applications
For in-depth guidance with screenshots, please see the Reference Guide for Well/Boring Variance Applications (PDF)
Getting Started
- Go to the MDH Licensing System. Bookmark and save this link in your Favorites for future quick and easy access.
- Select “Login” or “Sign Up” in the upper right of the page.
- Select “Sign up using Secure Portal” button and enter your email address. Create a password and select “Sign Up.”
- Set up your profile. Select “My Account,” and your dashboard will appear. Here you can see applications that you have submitted, see payments that you have made, and messages that you have received. Select “Profile,” and verify or update your personal profile information.
Please follow the separate instructions (Minnesota unique well and boring number initialization on the quick reference guide (PDF)) to initialize the 6-digit Minnesota unique number, if it has not already been initialized in the MDH Licensing System.
Submitting a Variance Application
For in-depth guidance with screenshots and additional information, please see the Reference Guide for Well/Boring Variance Applications (PDF)
Step 1: Open the application
Step 2: Provide information for your variance request
Step 3: Provide property owner & well/boring owner information
Step 4: Provide well/boring information, and a description of the variance
Step 5: Upload attachments
Step 6: Review the application, and submit
Sending Messages or Questions About Your Variance Application
If you have a question pertaining to your application at any time in the process:
- Click on the application from your dashboard (if the application is complete, the application will be found in “Applications” under “Your Records” on the left-hand side of the page).
- Click on the appropriate workflow step on the left-hand side of the page. Generally, this will be “MDH staff: Review Application” or “MDH staff: Mark Review Decision” for an application that is being evaluated and “MDH Staff: Issue Final Document” for a completed application (see 'Variance Amendments', and 'Submitting Materials Required as a Condition of the Variance' below).
- Type in your message in the message the reviewer field and click the “send message” button. An MDH staffer will respond back based on the nature of your message.
Variance Amendments
A variance amendment (i.e. a change to an approved variance that has been completed) may be necessary once a variance approval has been issued. If the variance is still in effect (see the variance to see when it ends) and an amendment to conduct the work is warranted:
- Sign into your account and open your application. On the “MDH staff: Mark Review Decision” task, send a message with the relevant information.
- If the request does not involve a material change (a significant or important shift in the facts or situation that alters the original basis that the variance was approved under), an MDH staffer will reactivate the application and will see a system generated email requesting changes to the application. Please log into your account to view and make those changes. A material change from the original approved request requires a new application.
- MDH will review the request and, if appropriate, will reissue the decision document accordingly.
Variance Extensions
All variances specify the period for which they are effective. If work cannot be completed within that timeframe (i.e. an extension is necessary), you will need to submit a new application within 30 days of the expiration date.
- Enter (and update as appropriate) information in the application.
- In the “Do you have any notes about this application that would be helpful or that MDH staff should know about?” section of the application, please provide the variance ID # needing extension, and that the application is a request to extend the deadline. Please also note the new requested timeframe in the “For what length of time is the variance requested?” question of the application.
- MDH will review the application and will provide a decision.
Submitting Materials Required as a Condition of the Variance
Some variances require submitting a document (e.g. a monitoring report, buried sewer certification, copy of a recorded document, etc.) as a condition of the variance approval.
- Log into your account and navigate to “Applications” under “Your Records.” Click on the appropriate variance application.
- Click on “attachments” on the left-hand side of the page. Once on the attachments page, scroll to the bottom of the page and click “add attachment.”
- Upload your file and please provide a description of what the attachment is for. When it is uploaded, it will appear in your attachments.
- Send a message indicating the document was uploaded by clicking on the “MDH Staff: Issue Final Document” step in the left-hand side of the page. Write your message explaining that the required document has been uploaded (please include the document name in your message) and click the “send message” button.
- An MDH staffer will respond as appropriate.
What To Do When an Active Variance Application Is No Longer Requested
Sometimes an active variance application is no longer being requested (e.g. plans change, MDH staff determine rule can otherwise be met during site inspection/review, etc.). MDH considers this to be a “voluntary termination.” To close out the application:
- Under your applications, select the appropriate variance application (see step 1 of “Sending messages or Questions About Your Variance” for a reference screenshot).
- Click on the “MDH Staff: Mark Review Decision” step on the left-hand side of the page. Type a message indicating that you are voluntarily terminating the application and the reason why.
- MDH staff will respond if additional follow-up is needed and will close out the application.
Variance Documents
- Variance Application Form (PDF)
- Signatures Required for a Well/Boring Variance Application (PDF)
- Reference Guide for Well/Boring Variance Applications (PDF)
Questions
Well Management Section
651-201-4600 or 800-383-9808
health.wells@state.mn.us
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