Title 35 — Title 35

This act may be cited as the Alabama Uniform Environmental Covenants Act. History: (Act 2007-464, p. 972, §1.)

(a) Unless otherwise specified in the environmental covenant, an environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by each of the following: (1) The agency, unless waived by the agency, in which event the current owner o…

(a) The department is designated as the administrating agency for this chapter and is empowered to administer and enforce this chapter using the authorities granted to it by the Environmental Management Act. However, such designation shall not imply that the department shall assu…

(a) The Alabama Department of Environmental Management shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and…

The department is authorized to adopt regulations and assess fees to implement provisions of this chapter. History: (Act 2007-464, p. 972, §13.)

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any…

The following terms shall have the following meanings: (1) ACTIVITY AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management. (3) COMMON INTEREST COMMUNI…

(a) Any person, including a person that owns an interest in the real property, an agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. (…

(a) An environmental covenant must meet all of the following requirements: (1) State that the instrument is an environmental covenant executed pursuant to this chapter. (2) Contain a legally sufficient description of the real property subject to the covenant. (3) Describe the act…

(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply: (1) It is not appurtenant to an interest in real propert…

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or …

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to each of the following persons or entities: (1) Each person that signed the covenant. (2) Each person holding a recorded interest in the real property subject to th…

(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise …

(a) An environmental covenant is perpetual unless any of the following conditions apply: (1) The covenant is limited to a specific duration or terminated by the occurrence of a specific event. (2) The covenant is terminated or modified by consent pursuant to Section 35-19- 10. (3…