(a) In this subtitle the following words have the meanings indicated. (b) “Activity and use limitation” means a restriction or obligation created under this subtitle with respect to real property. (c) “Agency” means the Department or any other state or federal agency that determines or approves the environmental response project pursuant to which an environmental covenant is created. […]
(a) An environmental covenant shall: (1) State that the instrument is an environmental covenant executed pursuant to this subtitle; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and use limitations on the real property; (4) Identify every holder; (5) Be signed by the Agency and every holder; (6) Unless excepted by the […]
(a) (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 of an environmental covenant. (2) An environmental covenant may identify more than one holder. (b) (1) The interest of a holder of an environmental covenant is an interest in real […]
(a) An environmental covenant that complies with this subtitle 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 other than the original holder; (3) It is not of a […]
(a) This subtitle does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this subtitle regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. (b) An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning […]
(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 the real property subject to the covenant; (4) Each municipality […]
(a) (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. (2) For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided under § 1-808(c) of this subtitle, an environmental […]
(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 as provided under § 1-809 of this subtitle; (3) Terminated under subsection (b) of this section; (4) Terminated by foreclosure of an interest that has priority over the environmental […]
(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 signed the covenant, unless: (i) The person waived in a signed […]
(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; (4) A person whose interest in the real property or […]
(a) (1) The Department shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. (2) The registry may contain any other information concerning environmental covenants and the real property subject to them that the Department considers appropriate. (3) For purposes of the Maryland Public Information Act, the registry is a […]
(a) Except as provided under subsection (b) of this section, this subtitle modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act. (b) This subtitle does not modify, limit, or supersede § 7001(a) or authorize electronic delivery of any of the notices described in § 7003(b) of the federal Electronic Signatures in Global […]
This subtitle shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subtitle among states enacting it.
This subtitle may be cited as the Maryland Uniform Environmental Covenants Act.
If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
