(1) Except as provided in subsection (2), the department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when reviewing applications under this part for subdivisions that:
- (a) are located 2 or more miles from high-quality waters, as defined in 75-5-103;
- (b) include 14 or fewer single-family residential subdivision lots;
- (c) include wastewater systems that meet nonsignificance criteria established in rule; and
- (d) demonstrate full compliance with the acquisition of necessary water rights and water availability.
- (2) The exemption provided for in subsection (1) does not apply to subdivision applications that expand or are adjacent to projects exempted from the provisions of Title 75, chapter 1, parts 1 and 2, after May 2, 2023.
- (3) The department shall adopt rules to implement this section.
History: En. Sec. 1, Ch. 354, L. 2023.