1. (a) A subdivider shall not be required to obtain approval of the subdivision plans prior to executing contracts for sale or other conveyance of lots in the subdivision where such contracts are expressly made conditional on the subdivider obtaining approval prior to closing or other passage of title or other interest upon payment of the agreed-to price.

2. (b) Purchase and sale or other contracts containing the following language, or language of equal import, shall be acceptable under this rule:

   “This contract is expressly conditioned upon (subdivider) obtaining approval of the subdivision from the New Hampshire Department of Environmental Services prior to the (closing/final transfer/lease) date, and (closing/final transfer/lease) shall not occur unless and until (subdivider) has provided (purchaser/lessee/unit owner) with written approval by the Department of the subdivision or the part thereto containing (purchaser's) (lot/unit) containing the (lot/unit) as described herein.”

Source. (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36