Missouri's percolation test dies on 31 December, and community septic now needs a permit
Missouri's percolation test dies on 31 December, and community septic now needs a permit
2026-09-12 · Missouri · Legislation
What happened. Missouri rewrote its on-site sewage rules. Since 28 August 2026, a construction permit is required before constructing or making a major modification or major repair to an on-site sewage disposal system. System design moves from percolation rate to soil properties, evaluated by registered soil evaluators. And acceptance of a percolation test is “void and of no effect after December 31, 2026.”1
The bill is Senate Bill 914 (2026), official designation SS SB 914, sponsored by Senator Kurtis Gregory. It became law on the Governor's letter of approval dated 7 May 2026. It repeals and re-enacts sections 701.040 and 701.046, RSMo.
This is the enacted 2026 law most directly relevant to Missouri associations that own or maintain a shared septic system, drip field or wastewater lagoon — common in lake and exurban subdivisions at the Lake of the Ozarks, Table Rock and across outstate planned communities.
The new permit
Section 701.046, with new matter in bold and deleted matter in brackets:
“701.046. Except as otherwise provided in section 701.031, no person may, on or after September 1, 1995, construct or make a major modification or major repair to an on-site sewage disposal system without first notifying the city, county or department and completing an application, upon a form provided by the department, [and] submitting [a] an application fee in the amount established by the city, county or department, and obtaining a construction permit.”
Previously: notify, apply, pay. Now: notify, apply, pay, and obtain a permit before work starts.
The design basis moves
Section 701.040(1), with the deleted phrase in brackets:
“701.040. The department of health and senior services shall: (1) Develop by September 1, 1995, a state standard for the location, size of sewage tanks and length of lateral lines based on the [percolation or permeability rate of the] soil properties, construction, installation, and operation of on-site sewage disposal systems.”
Per the official Senate summary, the act also “repeals a provision stating that soil tests are to be performed by persons who are qualified to perform the percolation tests,” “creates a new provision authorizing on-site soil evaluators registered by the Department of Health and Senior Services to conduct soils morphology evaluations,” and “repeals a provision stating that contractors may be taught and allowed to perform percolation tests.”
The hard date
Section 701.040(5), new matter in bold:
“… mandatory registration program requiring continuing education before January 1, 2027, for on-site wastewater treatment system professionals qualified to perform percolation tests in accordance with the standards promulgated under subdivision (1) of this section. Before January 1, 2027, if a soil morphology evaluation cannot be reasonably obtained, a percolation test may be accepted at the discretion of the administrative authority. The provisions of this subdivision shall be void and of no effect after December 31, 2026;”
So the percolation test survives on sufferance until the end of this year, at the administrative authority's discretion, and only where a soil morphology evaluation cannot reasonably be obtained. After 31 December 2026 that allowance is gone.
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Related Missouri HOA Topics
- SS SB 914 (2026), truly agreed and finally passed text — §§ 701.040 and 701.046, RSMo ↩
- SB 914 (2026) bill page and official Senate summary ↩
- Missouri Department of Health and Senior Services, proposed rules — checked; no SB 914 implementing rule located ↩
- Missouri Secretary of State, Missouri Register — 2026 volume searched for an implementing rule ↩
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