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What if the common plan of development or sale actually consists of non-contiguous separate projects?

There are several situations where discrete projects that could conceivably be considered part of a larger common plan can actually be treated as separate projects for the purposes of permitting:

i. A public body (e.g., a municipality, state, tribe, or federal agency) need not consider all their construction projects within their entire jurisdiction to be part of an overall common plan. For example, construction of roads or buildings in different parts of a state, city, military base, university campus, etc. can be considered as separate common plans. Only the interconnected parts of single project would be considered to be a common plan (e.g., a building and its associated parking lot and driveways, airport runway and associated taxiways, a building complex).

ii. Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same common plan is not concurrently being disturbed. For example, if a utility company was constructing new trunk lines off an existing transmission line to serve separate residential subdivisions located more than 1/4 mile apart, the two trunk line projects could be considered to be separate projects.

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