(1) An environmental covenant under this part 3 may be created only by the owner of the property through a written grant to the department by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such a restriction under this article.
The department is authorized to accept, refuse to accept, conditionally accept, hold,modify, and terminate environmental covenants.
Instruments creating, modifying, or terminating an environmental covenant shall berecorded as any other instrument affecting title to and interests in real property.
If the only uses allowed under the proposed environmental covenant are prohibitedby existing ordinance or resolution, the department shall condition its acceptance of the covenant upon the applicant's demonstration that such applicant has obtained approval from the relevant authority that would allow for one or more of the proposed uses.
Persons proposing to create, modify, or terminate an environmental covenant shallprovide written notice of their intention to all persons holding an interest of record in the real property that will be subject to the environmental covenant, to all persons known to them to have an unrecorded interest in the property, and to all affected persons in possession of the property prior to such creation, modification, or termination, and shall provide the department with:
A copy of the notice provided;
A list of the persons to whom notice was given and the address or other location towhich the notice was directed; and
Such title information as the department may require.
The department shall review and make a determination regarding all applications forcreating, modifying, or terminating an environmental covenant within sixty days after receipt of such application, including the information described in subsection (5) of this section.
Any determination by the department regarding a proposal to create, modify, or terminate an environmental covenant shall be subject to appeal in accordance with section 2515-305.
Source: L. 2001: Entire section added, p. 456, § 2, effective July 1. L. 2008: (6) amended, p. 173, § 7, effective March 24.