Health and Safety Code section 42350

(a)

Any person may apply to the hearing board for a variance from Section 41701 or from the rules and regulations of the district.

(b)

(1) If the district board has established a permit system by regulation pursuant to Section 42300, a variance, or an abatement order which has the effect of a variance, may not be granted from the requirement for a permit to build, erect, alter, or replace.

(2)

Title V sources shall not be granted a variance, or an abatement order which has the effect of a variance, from the requirement for a permit to operate or use.

(3)

In districts with emission-capped trading programs, no variance shall be granted from the emission cap requirement.

Source: Section 42350, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=HSC§ionNum=42350.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 42350’s source at ca​.gov