COMMON PROMOTIONAL PLAN - 10 CSR 20-6.030 DISPOSAL OF WASTEWATER IN RESIDENTIAL HOUSING DEVELOPMENTS

Water Protection Program fact sheet
07/2019
Division of Environmental Quality Director: Ed Galbraith
PUB2225

This publication is designed to help determine the method of wastewater treatment within a residential housing development (subdivision) and how the definition of a common promotional plan can influence that determination based on the residential housing development rule 10 CSR 20-6.030. If you have any questions concerning what a common promotional plan is or whether your development is subject to the residential housing development rule, 10 CSR 20-6.030, please contact the Missouri Department of Natural Resources using the information provided at the end of this publication.

What is a Common Promotional Plan?
A common promotional plan is defined in 10 CSR 20-2.010(15) as “A plan, undertaken by one (1) or more persons, to offer individual lots or residential housing units within a residential housing development for sale or lease; where land or residential housing units are offered for sale or lease by a person or group of persons acting in concert, and the land is contiguous or is known, designated, or advertised as a common unit or by a common name or similar names, the land is presumed, without regard to the number of lots or residential housing units covered by each individual offering, as being offered for sale or lease as part of a common promotional plan. State and county roads are not considered property boundaries.”

Scenario 1
A developer proposes two new subdivisions, each with six lots of less than 5 acres per lot. A county road and a small parcel of vacant land, controlled by the developer, separates the two. Would this be considered part of a common promotional plan?

Yes, it would be considered a common promotional plan. Regardless of whether the two subdivisions are adjacent, both would be subject to the residential housing development rule, since the developer is offering seven or more lots of less than 5 acres each for sale or lease.

Scenario 2
A developer purchased six lots all less than 5 acres each in an existing development (Subdivision 1), which is considered exempt under current rule, and offered those lots for sale or lease. The same developer also purchased property adjacent to Subdivision 1 and plans to offer three more lots all less than 5 acres each for sale or lease (Subdivision 2). Would the lots he controls in Subdivision 1 and 2 be considered part of a common promotional plan?

Yes, all of the lots under his control would be considered part of the same common promotional plan. However, the lots in Subdivision 1 would remain exempt, but since the three lots in Subdivision 2 would be considered an expansion of an existing development, those lots require a written approval from the department for the method of wastewater treatment as described in the residential housing development rule.

Conclusion
In addition to regulating the method of wastewater treatment within subdivisions, the residential housing development rule also covers other developments, such as recreational developments and multi-family developments that may also be part of the same common promotional plan and require written approval for the method of wastewater treatment. To avoid any delays in your project caused by a rule misunderstanding or misinterpretation, contact the department with any questions before starting.