38 M.R.S. § 3004 Contents of Environmental Covenant

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 38 M.R.S. § 3004

1.Required contents. An environmental covenant must:

A. State that the instrument is an environmental covenant executed pursuant to this chapter; [ 2005, c. 370, § 1 (NEW) .]

B. Contain a legally sufficient description of the real property subject to the covenant; [ 2005, c. 370, § 1 (NEW) .]

C. Describe the activity and use limitations on the real property; [ 2005, c. 370, § 1 (NEW) .]

D. Identify every holder; [ 2005, c. 370, § 1 (NEW) .]

E. Be signed 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, except that the agency may not waive signature by an owner of the fee simple who is the current occupant of the real estate, if any; and [ 2005, c. 370, § 1 (NEW) .]

F. Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. [ 2005, c. 370, § 1 (NEW) .]

[ 2005, c. 370, § 1 (NEW) .]

2.Permissible contents. In addition to the information required by subsection 1, an environmental covenant may contain other information, restrictions and requirements agreed to by the persons that signed it, including:

A. Any requirements for notice following transfer of a specified interest in the property subject to the covenant, or concerning proposed changes in use of, applications for building permits for or proposals for any site work affecting any contamination on the property subject to the covenant; [ 2005, c. 370, § 1 (NEW) .]