Nature of a notice of environmental use restrictions.

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(1) A notice of environmental use restrictions is an agency action based on the state's police power.

  1. A notice of environmental use restrictions is binding on current and subsequent owners of the affected land and any person using or possessing an interest in the land.

  2. The requirements and restrictions contained in a notice of environmental use restrictions are requirements under this part 3, but may be enforced only as provided in section 25-15-322. The creation of a notice of environmental use restrictions does not trigger the application of any other requirement of this part 3.

Source: L. 2008: Entire section added, p. 170, § 4, effective March 24.


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