Variance Fundamentals for Petitioners

This page last reviewed June 1, 2015

Any person can apply for a variance, when needed, by contacting your local air district to file a petition to go before the district hearing board to request a variance.  District staff can assist you with the petition process and what type of variance you should seek. There are six findings that the hearing board must make prior to the granting of a variance.  The required findings are specified in HSC §42352. The burden of proof, to enable a hearing board to make (justify) the required six findings, rests on the person requesting the variance.  Proof may include presenting witnesses that have first-hand knowledge of a situation, enabling the hearing board a thorough understanding of a specific process. Proper preparation prior to the hearing is critical.