| 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: |