Title 34A — ENVIRONMENTAL PROTECTION

This chapter may be cited as the Uniform Environmental Covenants Act. Source: SL 2005, ch 196 , § 1.

(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The agency; (2) The current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unle…

(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) A person whose interest in the real…

(a) The secretary of state 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 and the real property subject t…

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. Source: SL 2005, ch 196 , § 13.

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 that Act (15 U. S.C. 7001(a)) or authorize electronic delivery of any of the notices…

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 Department of Agriculture and Natural Resources or any other state or federal agency that determines or approve…

(a) 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 holder. The interest of a holder is an interest in real property. …

(a) An environmental covenant must: (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; (3) Describe the activity and use limitations on the real p…

(a) An environmental covenant that complies with this chapter 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 assigned to a person …

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 …

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession …

(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. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise …

(a) An environmental covenant is perpetual 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 § 34A-17-10 ; (3) Terminated pursuant to subsection (b); (4) Terminated by foreclosu…