76-4-136. Exemption from environmental review -- rulemaking. (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.