Title 40

NRS 445D.060 “Environmental covenant” defined. “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations. (Added to NRS by 2005, 1362)

NRS 445D.070 “Environmental response project” defined. “Environmental response project” means a plan or work performed for environmental remediation of real property and conducted: 1. Under a federal or state program governing environmental remediation of real property; 2. Incide…

NRS 445D.080 “Holder” defined. “Holder” means the grantee of an environmental covenant as specified in subsection 1 of NRS 445D.120. (Added to NRS by 2005, 1362)

NRS 445D.090 “Person” defined. “Person” means any natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other lega…

NRS 445D.100 “Record” defined. “Record,” used as a noun, means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. (Added to NRS by 2005, 1363)

NRS 445D.110 “State” defined. “State” means the State of Nevada. (Added to NRS by 2005, 1363) ENVIRONMENTAL COVENANTS

NRS 445D.120 Nature of rights; subordination of interests. 1. Any person, including a person who 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 holder. Th…

NRS 445D.130 Contents. 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 the activity and use lim…

NRS 445D.140 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 propert…

NRS 445D.150 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 cove…

NRS 445D.160 Notice. 1. 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; (b) Each person holding a recorded interest in the real property subject to the covenant; (c) Each per…

NRS 445D.170 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 must be treated as a grantee. 2.…

NRS 445D.180 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 NRS 445D.190; (c) Terminated pursua…

NRS 445D.190 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 subj…

NRS 445D.200 Enforcement. 1. A civil action for injunctive or other equitable relief for the 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 State Department of Conservation and Natural Reso…

NRS 445D.210 Uniformity of application and construction. 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. (Added to NRS by 2005, 1366)

NRS 445D.220 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. §§ 7001 et seq., but does not modify, limit or supersede section 101 of…