Title 55 — PROPERTY IN GENERAL

55-3001. Short title. This chapter shall be known and may be cited as the "Uniform Environmental Covenants Act."

55-3002. Definitions. As used in this chapter: (1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property. (2) "Agency" means the Idaho department of environmental quality or any other state or federal agency that…

55-3003. Nature of rights — Subordination of interests. (1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder…

55-3004. Contents of environmental covenant. (1) An environmental covenant must: (a) State that the instrument is an environmental covenant executed pursuant to this chapter; (b) Contain a legally sufficient description of the real property subject to the covenant; (c) Describe t…

55-3005. Validity — Effect on other instruments. (1) An environmental covenant that complies with this chapter runs with the land. (2) An environmental covenant that is otherwise effective is valid and enforceable even if: (a) It is not appurtenant to an interest in real property…

55-3006. Relationship to other land use law. 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 covenan…

55-3007. Notice. (1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (a) Each person that signed the covenant; (b) Each person holding a recorded interest in the real property subject to the covenant; (c) Each pers…

55-3008. Recording. (1) 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. (2) …

55-3009. Duration — Amendment by court action. (1) An environmental covenant is perpetual unless it is: (a) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (b) Terminated by consent pursuant to section 55-3010, Idaho Code; (c) Term…

55-3010. Amendment or termination by consent. (1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (a) The agency; (b) Unless waived by the agency, the current owner of the fee simple of the real property subject…

55-3011. Enforcement of environmental covenant. (1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (a) A party to the covenant; (b) The agency or, if it is not the agency, the Idaho department of environmen…

55-3012. Registry — Substitute notice. (1) The Idaho department of environmental quality 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 conc…

55-3013. 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.

55-3014. Relation to electronic signatures in global and national commerce act. 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…

55-3015. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of …