38 §3001. Short title

§3001. Short title This chapter may be known and cited as the Uniform Environmental Covenants Act.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).

38 §3002. Definitions

§3002. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2005, c. 370, §1 (NEW).] 1.  Activity and use limitations.  “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.   [PL 2005, c. 370, §1 (NEW).] […]

38 §3003. Nature of rights

§3003. Nature of rights 1.  Holder.  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. When […]

38 §3004. Contents of environmental covenant

§3004. Contents of environmental covenant 1.  Required contents.  An environmental covenant must:   A. State that the instrument is an environmental covenant executed pursuant to this chapter;   [PL 2005, c. 370, §1 (NEW).] B. Contain a legally sufficient description of the real property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).] […]

38 §3005. Validity; effect on other instruments

§3005. Validity; effect on other instruments 1.  Runs with land.  An environmental covenant that complies with this chapter runs with the land.   [PL 2005, c. 370, §1 (NEW).] 2.  Valid and enforceable.  An environmental covenant that is otherwise effective is valid and enforceable even if:   A. It is not appurtenant to an interest […]

38 §3006. Relationship to other land-use law

§3006. 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 covenant. An environmental covenant may prohibit or restrict uses of real […]

38 §3007. Notice

§3007. Notice 1.  Provision of copy.  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;   [PL 2005, c. 370, §1 (NEW).] B. Each person holding a recorded interest in the real property subject to […]

38 §3008. Recording

§3008. Recording 1.  Recording required.  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.   [PL 2005, c. 370, §1 (NEW).] […]

38 §3009. Duration; amendment by court action

§3009. Duration; amendment by court action 1.  Perpetual duration.  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;   [PL 2005, c. 370, §1 (NEW).] B. Terminated by consent pursuant to section 3010;   [PL 2005, c. […]

38 §3010. Amendment or termination by consent

§3010. Amendment or termination by consent 1.  Amendment or termination.  An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:   A. The agency;   [PL 2005, c. 370, §1 (NEW).] B. Unless waived by the agency, the current owner of the fee simple of the […]

38 §3011. Enforcement of environmental covenant

§3011. Enforcement of environmental covenant 1.  Civil action.  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 unless the agency determines otherwise for good cause at the time the environmental covenant is created, but in that event the […]

38 §3012. Uniformity of application and construction

§3012. 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.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).

38 §3013. Relation to federal Electronic Signatures in Global and National Commerce Act

§3013. Relation to federal 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 United States Code, Section 7001 et seq. but does not modify, limit or supersede Section 101 of that Act, 15 United States Code, Section 7001(a) or […]