What Is a Variance Request When Rebuilding After a Disaster?

When a flood, fire, or storm damages your home, local codes may have changed since it was built. New rules might require a higher foundation, larger setbacks from property lines, or different materials. If your old home does not fit those rules, you cannot simply rebuild the same way without permission.

A variance request is that permission. It asks the local board to allow a specific deviation from the rules for your property. The board weighs your hardship against the intent of the code. You need to show that the strict rule creates an unnecessary burden, not just that you prefer the old design.

• Check your local building department for the application form
• Include site plans and photos of the damaged home
• Explain why the strict rule is a hardship for your property
• Attend the public hearing if one is scheduled
• Expect a decision in writing, usually within a few weeks
• Appeal the decision if you disagree, within the stated deadline

Local boards grant variances when the property has unique physical features, like a steep slope, a narrow lot, or a creek at the back. They also consider whether the variance would harm neighbors or the neighborhood. A variance is not a right; it is a case-by-case decision.

For water damage, a common variance is for flood elevation. If your home sits in a flood zone, the code may require the lowest floor to be higher than the old one. A variance might allow a lower elevation if raising the home is impractical or would ruin the home's connection to the street.

• Unusual lot shape or size
• Steep or unstable ground
• Existing structures that limit new construction
• Flood elevation that is physically impossible to meet
• Historic home features that would be lost
• Neighbor agreements that support the request

A denial is not the end. You can often appeal to a higher board or a local court, but that takes time and money. Before appealing, ask the board for the specific reasons. Sometimes a small change to your plan, like shifting the footprint a few feet, can solve the problem without a variance.

Also consider whether you can rebuild within the old footprint without a variance if the damage is below a certain threshold. Your local building official can tell you the substantial damage rules. If you live in Bellingham, keep your property records and old photos handy, as they help any request.