Title 7, Conservation

§ 7905. Additional information; duty to cooperate. All applicants, regulated parties and permittees have the continuing duty to provide any assistance or information requested by the Department, and to cooperate in an inquiry or investigation or hearing conducted by the Departmen…

§ 7906. Penalties for chronic violators. In addition to other applicable enforcement provisions contained in relevant sections of chapters covered by § 7901(b) of this title, the Secretary is authorized to impose an administrative penalty of up to $40,000 per day for each violati…

§ 7907. Definitions. As used in this subchapter: (1) “Activity and use limitations” means restrictions or obligations with respect to real property created under this subchapter. (2) “Common interest community” means a condominium or other real property with respect to which a pe…

§ 7908. Nature of rights; subordination of interests. (a) The interest of a holder is an interest in real property. The rights of the Department under this subchapter or under an approved environmental covenant, other than as a holder, are not interests in real property. (b) The …

§ 7909. Contents of environmental covenant. (a) An environmental covenant must: (1) State that the instrument is an environmental covenant executed pursuant to this subchapter. (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe…

§ 7910. Validity. (a) An environmental covenant that complies with this subchapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been …

§ 7911. Relationship to other land use law. This subchapter does not authorize a use of real property that is otherwise prohibited by zoning or by law other than this subchapter regulating use of real property, or by a recorded instrument that has priority over the environmental …

§ 7912. Notice. (a) The owner or another person designated by the Department shall provide a copy of a signed environmental covenant as required by the Department to: (1) All persons who signed the covenant; (2) All persons holding a recorded interest in the real property subject…

§ 7913. Recording. (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. A recorded environmental covenant or a notice recorded pursuant to § 79…

§ 7914. Duration. (a) An environmental covenant is perpetual unless: (1) Limited by its terms to a specific duration or the occurrence of a specific event; (2) Terminated by consent pursuant to § 7915 of this title; [or] (3) Terminated pursuant to subsection (b) of this section o…

§ 7915. Amendment or termination by consent. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The Department Secretary; (2) The current owner; (3) Each person that originally signed the covenant unless: a…

§ 7916. Enforcement of environmental covenant. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The Department or, (3) Any other person to whom the covenant expressly gran…

§ 7917. Registry; substitute notice. (a) The Department 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 an…

§ 7918. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.75 Del. Laws, c. 206, § 1;

§ 7919. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101 of that Act (15 …

§ 7920. Severability. If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, a…