Who bears the burden of establishing impracticality?
A. The burden of establishing impracticality because of terrain or usual site characteristics is on the person or persons claiming site impracticality. This means that, when a complaint is filed, the burden is first upon the person(s) claiming site impracticality to demonstrate how he/she determined that the project site met the impracticality criteria contained in the Guidelines. Once the basis for the impracticality determination is established, the burden shifts to the complainant to demonstrate that the builder’s methodology or calculations were unsound or flawed.
