The department is authorized to grant variances in hardship cases which may be less restrictive than the provisions specified Section 381.0065, Florida Statutes, and those portions of Chapter 64E-6, Florida Administrative Code, that implement Section 381.0065, Florida Statutes.
A person who applies for a system construction permit but cannot meet the requirements of the rule or statute will have their permit denied and may request a variance from the standards. Applications for variance can be downloaded below. Instructions for completing the variance application form are included with the form.
The Department is authorized to grant variances when it is satisfied that:
a. The hardship was not caused intentionally by the action of the applicant;
b. No reasonable alternative, taking into consideration factors such as cost, exists for the treatment of the sewage; and
c. The discharge from the onsite sewage treatment and disposal system will not adversely affect the health of the applicant or the public or significantly degrade the groundwater or surface waters.Variance applications require the appropriate fee be paid prior to the Department of Health in Lee County (DOH_LEE) processing the request. For a single family residential variance request, the fee is $200.00. For a single family residential variance request for an entire subdivision the fee is $200.00 regardless of the number of lots affected. For multi-family or commercial variance requests the fee is $300.00.
Print out the variance checklist and include it with your eight application packets.
1st of the month: Variance applications and the appropriate fee must be received by DOH-LEE. Variance applications received by DOH-LEE after the 1st of the month may not be processed in time and may not be sent to Tallahassee until the following month.
15th of the month: Variance applications must be received by Tallahassee for placement on the following month’s agenda.
1st Thursday of the month following the applicant’s variance request submittal to DOH-LEE: The Variance Board will meet and decide to approve, approve with proviso(s), or disapprove the variance request. The applicant and the DOH-LEE will be notified with the decision, usually within 2 weeks. If the variance request has been approved the permit will be issued accordingly.
If you have any questions regarding the fee or the timeline outlined above, please call DOH-LEE Environmental Health Section at 239-690-2100.