57-25-101. Title — Scope. (1) This chapter is known as the “Uniform Environmental Covenants Act.” (2) (a) This chapter applies to an environmental covenant created on or after May 1, 2006. (b)Title 19, Chapter 10, Environmental Institutional Control Act, applies to an environmental covenant created before May 1, 2006. (3) For the purposes of this […]
57-25-103. Nature of rights — Subordination of interests. (1) (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. (b) An environmental covenant may identify more than one holder. (c) The interest of a holder is […]
57-25-104. Contents of environmental covenant. (1) An environmental covenant must: (a) state that the instrument is an environmental covenant executed under this chapter; (b) contain a legally sufficient description of the real property subject to the covenant; (c) describe the activity and use limitations on the real property; (d) identify every holder; (e) be signed […]
57-25-105. 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 property; (b) it can be or has been assigned to a […]
57-25-106. Relationship to other land use law. (1) This chapter does not authorize a use of real property that is otherwise prohibited by: (a) a zoning law; (b) law other than this chapter regulating use of real property; or (c) a recorded instrument that has priority over the environmental covenant. (2) An environmental covenant may […]
57-25-107. Notice. (1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (a) each person that signed the covenant; (b) each person holding a recorded interest in the real property subject to the covenant; (c) each person in possession of the real property […]
57-25-108. Recording. (1) (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. (b) For purposes of indexing, a holder shall be treated as a grantee. (2) Except as otherwise provided in Subsection […]
57-25-109. Duration — Amendment by court action. (1) An environmental covenant is perpetual unless it is: (a) (i) limited to a specific duration by its terms; or (ii) terminated by the occurrence of a specific event; (b) terminated by consent under Section 57-25-110; (c) terminated under Subsection (2); (d) terminated by foreclosure of an interest […]
57-25-110. 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 subject to the covenant; (c) each person that originally […]
57-25-111. Enforcement of environmental covenant. (1) 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; (b) the agency; (c) any person to whom the covenant expressly grants power to enforce; (d) a person whose interest in the real property […]
57-25-112. 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 jurisdictions that enact it. Enacted by Chapter 51, 2006 General Session
57-25-113. 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. Section 7001 et seq., but does not modify, limit, or supersede Section 101 of that Act, 15 U.S.C. Section 7001(a), or authorize electronic delivery of any […]
