Title 38

1. Runs with land. An environmental covenant that complies with this chapter runs with the land. 2. Valid and enforceable. An environmental covenant that is otherwise effective is valid and enforceable even if: A. It is not appurtenant to an interest in real property; [PL 2005, c…

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 r…

1. Provision of copy. A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to: A. Each person who signed the covenant; [PL 2005, c. 370, §1 (NEW).] B. Each person holding a recorded interest in the real property subject to t…

1. Recording required. 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 must be treated as a grantee. 2. Sub…

1. Perpetual duration. 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; [PL 2005, c. 370, §1 (NEW).] B. Terminated by consent pursuant to section 3010; [PL 2005, c. 370, §1 (NE…

1. Amendment or termination. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: A. The agency; [PL 2005, c. 370, §1 (NEW).] B. Unless waived by the agency, the current owner of the fee simple of the real property s…

1. Civil action. 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 unless the agency determines otherwise for good cause at the time the environmental covenant is created, but in tha…

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq. but does not modify, limit or supersede Section 101 of that Act, 15 United States Code, Section 7001(a) or authorize elec…