Title 44 — Title 44

This chapter may be known as and may be cited as the “Uniform Environmental Covenants Act.” History. Code 1981, § 44-16-1, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132. 44-16-2. Definitions.

Citation of act, §44-16-1. Copies to be provided by agency, §44-16-7. Definitions, §44-16-2.

(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 agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) Any owner in fee simple whose prope…

The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the ag…

The agency may establish rules and regulations for implementing this chapter and may provide for fees for utilizing this chapter. History. Code 1981, § 44-16-13, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132. 44-16-14. Electronic signatures and delivery.

Holders, §44-16-3. Injunctions. Action for violation of covenant, §44-16-11. Interests in existence at time covenant created or amended. Rules applicable to, §44-16-3. Ordinances. Provisions not to authorize uses prohibited by, §44-16-6. Recordation, §44-16-8. Registry of covenan…

As used in this chapter, the term: (1) “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. (2) “Agency” means the Environmental Protection Division of the Department of Natural Resources or any federal agency …

(a) An environmental covenant shall: (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 and the name of the owner of the fee simple of the real pro…

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

This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of re…

(a) A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; 894 44-16-9 …

Definitions. Holders of environmental covenants; rights of agency; rules. Requirements for environmental covenant. Enforcement of environmental convenant. Environmental covenant restrictions. Validation of environmental covenant. Recording of amendments or termination of environme…

(a) An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to Code Section 44-16-10; (3) Terminated p…