Title 10.1, Conservation

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 of t…

A. An environmental covenant and any amendment or termination of the covenant shall be recorded in every locality 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 § 10.1-1246; 3. Terminated pursuant to subsection B; 4. Terminated by foreclosure of an…

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

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 or, if it is not the agency, the Department; 3. Any person to whom the covenant expressly grants power to enforce;…

A. The Department shall establish fees, to be paid by the fee simple owner of the real property subject to the covenant, which shall be assessed for the purpose of funding the costs of administering the provisions of this chapter and shall be used solely for the purposes specifie…

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 § 101 of that Act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices de…

The Department may, as necessary, adopt regulations to implement the provisions of this chapter.