Sec. 15. 38 MRSA §489-A, sub-§2, as amended by PL 1993, c. 383, §27 and affected by §42, is further amended to read:

2. Registration. The commissioner shall register municipalities to grant permits for projects under subsection 1 1-B if the commissioner finds that the municipality meets all of the following criteria:

A. A municipal planning board or reviewing authority is established;

B. A comprehensive plan consistent with Title 30-A, chapter 187 has been adopted with standards and objectives determined by the department to be at least as stringent as this article;

C. Subdivision regulations have been adopted that are consistent with Title 30-A, chapter 187, and determined by the commissioner to be at least as stringent as criteria set forth in section 484;

D. Site plan review regulations have been adopted with criteria determined by the commissioner to be at least as stringent as section 484;

D-1. Land use regulations have been adopted that regulate all excavation operations for borrow, topsoil, clay or silt, alone or in combination, as described in section 482, subsection 2-B. The regulations must be determined by the commissioner to be at least as stringent as the criteria set forth in section 484. An excavation of 5 or fewer acres of land for topsoil, clay or silt must be conducted and reclaimed in accordance with the erosion and sedimentation control standards contained in board rules;

E. The municipality has adequate resources to administer and enforce the provisions of its ordinances;

F. Procedures for public hearing and notification have been established including:

(1) Notice to the commissioner upon receipt of an application, including a description of the project;

(2) Notice of issuance and denial to the applicant and commissioner, including the reason for denial;