What should be the nature of the conditions justifying a variance?

A variance is typically granted in situations where a strict application of the regulations would cause undue hardship or where special circumstances exist that are beyond the contractor's control. This means that the conditions justifying a variance must be significant and particular to the situation at hand, not simply typical challenges or situations commonly encountered.

When valid special circumstances are present, it allows the contractor an opportunity to adapt their permitting or construction approach to achieve compliance with the overarching purpose of the regulations without compromising safety or performance standards. For example, unusual geological conditions that affect drilling or existing land use that wasn't accounted for in the original design might justify the need for a variance.

Common weather patterns, normal construction challenges, and material cost fluctuations do not typically provide sufficient grounds for a variance, as they are conditions that most contractors might reasonably expect to encounter. These categories reflect ordinary circumstances in the construction and well-drilling industries and thus do not warrant deviation from established regulations. In summary, the nature of the conditions justifying a variance should be tied to unique and extraordinary factors illustrative of a contractor's inability to proceed as initially prescribed by regulatory standards.