Elements
Following is brief summary of each section of the UECA proposed by the NCCUSL. For the exact meaning of a section you should refer to the original draft text. Comments on the meaning and purpose appear at the end of each section.
SECTION 1. SHORT TITLE
Should be cited as the Uniform Environmental Covenants Act
SECTION 2. DEFINITIONS
SECTION 3. NATURE OF RIGHTS; SUBORDINATION OF INTERESTS
SECTION 4. CONTENTS OF ENVIRONMENTAL COVENANT
An environmental covenant MUST contain:
(1) A statement that the instrument is an environmental covenant executed pursuant to the Uniform Environmental Covenant Act
(2) A legally sufficient description of the real property subject to the covenant
(3) A description of the activity and use limitations on the real property
(4) Identification of every holder (i.e. current owners, parties with ongoing responsibility, regulatory agencies, and/or local governmental bodies)
(5) A signature by the agency, every holder, and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant
(6) The name and location of any administrative record for the environmental response project reflected in the environmental covenant
An environmental covenant MAY (optionally) contain:
(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant
(2) Requirements for periodic reporting describing compliance with the covenant
(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant
(4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination
(5) Limitation on amendment or termination of the covenant in addition to those contained in Sections 9 and 10
(6) Rights of the holder in addition to its right to enforce the covenant pursuant to Section 11
SECTION 5. VALIDITY; EFFECT ON OTHER INSTRUMENTS
A covenant runs with the land and is enforcable even in a number of listed circumstances. Property instruments recorded before passage of UECA are not invalidated by the act if otherwise enforceable.
SECTION 6. RELATIONSHIP TO OTHER LAND-USE LAW
The act may prohibit land uses otherwise allowed by local zoning in the surrounding area but cannot be used to allow property usages otherwise prohibited by zoning or similar local ordinances.
SECTION 7. NOTICE
A copy of the covenant must be provided to all owners, agencies or entities having an interest in the property.
SECTION 8. RECORDING
The covenant and any amendments to it must be registered all counties in which the property it affects is located.
SECTION 9. DURATION; AMENDMENT BY COURT ACTION
Environment covenants are perpetual except in certain prescribed cricumstances.
SECTION 10. AMENDMENT OR TERMINATION BY CONSENT
Environment covenants may be amended or terminated in certain prescribed methods.
SECTION 11. ENFORCEMENT OF ENVIRONMENTAL COVENANT
Certain prescribed parties may seek civil action to enforce aspects of the environmental covenants.
SECTION 12. REGISTRY; SUBSTITUTE NOTICE
This section is intended to name the governmental agency which will maintain a master registry of all environmental covenants as a public record. The registry should include amendments and termination of those covenants. Information requirements for the registry are listed.
SECTION 13. UNIFORMITY OF APPLICATION AND CONSTRUCTION
States that uniformity of similar laws of other states is a consideration.
SECTION 14. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT
SECTION 15. SEVERABILITY
If one part of the act is found unenforceable, other portions may continue to be enforcable.
Read more about this topic: Uniform Environmental Covenants Act
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