| 19. Municipal capacity. A structure, as defined in section |
| 482, subsection 6, that is from 3 acres up to and including 7 |
| acres or a subdivision, as defined in section 482, subsection 5, |
| that is made up of 15 or more lots for single-family, detached, |
| residential housing, common areas or open space with an aggregate |
| area of from 30 acres up to and including 100 acres is exempt |
| from review under this article if it is located wholly within a |
| municipality or municipalities meeting the criteria in paragraphs |
| A to D as determined by the department and it is located wholly |
| within a designated growth area as identified in a comprehensive |
| plan adopted pursuant to Title 30-A, chapter 187, subchapter II. |
| The planning board of the municipality in which the development |
| is located or an adjacent municipality may petition the |
| commissioner to review such a structure or subdivision if it has |
| regional environmental impacts. This petition must be filed |
| within 20 days of the receipt of the application by the |
| municipality. State jurisdiction must be exerted, if at all, |
| within 30 days of receipt of the completed project application by |
| the commissioner from the municipality or within 30 days of |
| receipt of any modification to that application from the |
| municipality. Review by the department is limited to the |
| identified regional environmental impacts. The criteria are as |
| follows: |