Sec. 27.01.12.07. Variance Appeals

A. A person with standing under Regulation .03 of this chapter may:

(1) Participate as a party in an administrative proceeding at a board of appeals even if the person was not a party to the original administrative proceeding; and

(2) Petition for judicial review and participate as a party even if the person was not a party to the action which is the subject of the petition.

B. An appeal may be filed by:

(1) A person aggrieved or adversely affected by a decision made under this chapter, including a government agency; and

(2) The Chairman, even if the Chairman was not a party to or is not specifically aggrieved by the action or decision.

C. A local jurisdiction may not issue a permit for the activity that was the subject of the variance application until the applicable 30-day appeal period has elapsed.