Variances

Register to Attend 2024 Monthly Variance Meetings

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 62-6, F.A.C., that implement section 381.0065, F.S.

A person who applies for an onsite sewage treatment and disposal system (OSTDS) 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. A completed Application for Variance from Chapter 62-6, F.A.C. (Form DEP 4057) should be submitted to the local county health department that denied the permit application. Instructions for completing the variance application form are included with the form. Note that the Department accepts electronic file submission in lieu of printing eight copies.

The department is authorized to grant variances when it is satisfied that:

The hardship was not caused intentionally by the action of the applicant.
No reasonable alternative, taking into consideration factors such as cost, exists for the treatment of the sewage.
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.

Applying for a Variance

To apply for a variance, you will need to prepare an electronic variance application with supporting documentation and submit the file and the required fee payment to your local county health department.

Your application will need to be reviewed by the local county health department and the completed application received by the Onsite Sewage Program office no later than the 15th of the month in order 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 drainfield from the estimated wet season high water table or the authorized sewage flow of the property, the county health department will post a sign on the property giving notice of the application for variance.

Supporting documentation should include an electronic file with each of the following:

A denial letter from your county health department.
OSTDS Application for Construction Permit (Form DEP 4015 Page 1).
A completed site plan, drawn to scale, showing pertinent features on your own and the neighboring properties. (Form DEP 4015 Page 2 or equivalent).
Site Evaluation and System Specifications (Form DEP 4015 Page 3).
Existing System and System Repair Evaluation, if applicable (Form DEP 4015 Page4).
Subdivision map.
Complete plans and specifications for the proposed system.
Any other information necessary for rendering a decision or which you feel is pertinent to your case.
If your variance request involves setback violations, your site plan should very clearly show the exact setback dimensions that will be achieved if the variance is granted.
If your 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 your 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.

Variance Committee Meetings

Register to attend the meeting (this link is valid for all 2024 OSTDS Variance Board meetings; when prompted, please select the date for which you'd like to register).
Variance board members
2024 Virtual Variance Committee Meeting Notice

Variance Committee Meeting Outcome Summaries

2023

2022

2021

2020

2019

2018

For information from previous meetings, please contact the Onsite Sewage Program.

Last Modified:

February 27, 2024 - 11:13am

Variances

Onsite Sewage Program Quick Links

Register to Attend 2024 Monthly Variance Meetings

Applying for a Variance

Variance Committee Meetings

Variance Committee Meeting Outcome Summaries