Variance If Application is Denied

If someone applies for a system construction permit but can’t meet the rule or statute requirements established by section 381.0065 of the Florida Statutes and Chapter 62-6 of the Florida Administrative Code, their permit will be denied. The Florida Department of Environmental Protection (DEP) can grant variances, after the denial, in hardship cases.

DEP is authorized to grant variances when it is satisfied that:

1. The hardship was not caused intentionally by the action of the applicant.
2. No reasonable alternative, taking into consideration factors such as cost, exists for the treatment of the sewage.
3. The discharge from the onsite sewage treatment and disposal system (OSTDS) will not adversely affect the health of the applicant or the public or significantly degrade groundwater or surface waters.

 How To Apply

• Download and complete the Application for Variance from Chapter 64E-6, FAC.
• Supporting documentation that must accompany the application:
  • A completed application for OSTDS construction permit.
  • A denial letter from the Florida Department of Health in Lee County (DOH-Lee).
  • A completed site evaluation form.
  • A completed plot plan, drawn to scale, showing pertinent features on your own and the neighboring properties.
  • Complete plans and specifications for the proposed system.
  • Any other information necessary for rendering a decision or which the applicant feels is pertinent to your case.
  • If the variance request involves setback violations, the site plan should very clearly show the exact setback dimensions that will be achieved if the variance is granted.
  • If the variance request involves the setback to a public drinking water supply well, a written opinion from the agency regulating the affected public drinking water system is needed.
  • If the variance request involves jurisdiction of sewage treatment, a letter from the agency having jurisdiction which authorizes the department to take jurisdiction of the sewage flow is needed.
• Prepare eight copies of the completed variance application and supporting documentation.
• Provide the eight copies and the required fee payment to DOH-Lee the first of the month.
• Variance applications received by DOH-LEE after the first of the month may not be processed in time and may not be sent to the DEP until the following month.
• The fee for a variance application for a single-family residence per each lot or building site is $200.00. You can pay online by visiting MyFloridaEHPermit.com.
• The fee for a variance application for a multi-family or commercial building per each building site is $300.00. You can pay online by visiting MyFloridaEHPermit.com.
• Applications may be sent via email to LeeEH@flhealth.gov.

What To Expect

• Your application will be reviewed by DOH-Lee.
• The completed application will be received by the Onsite Sewage Program office in Tallahassee, Florida no later than the 15 of the month to be placed on the agenda for the next monthly meeting of the Variance Review and Advisory Committee.
• If the 15th falls on a weekend or legal holiday, the deadline for receipt will be the next regular working day.
• If the variance request involves setbacks from wells or surface waters, the separation of the drain field from the estimated wet season high water table, or the authorized sewage flow of the property, DOH-Lee will post a sign on the property giving notice of the application for variance.

To check the status of a septic permit application or inspection use our new Septic Online Services page for quick access to the information.