ENVIRONMENTAL COVENANT AND DEED RESTRICTION

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RECORDING REQUESTED BY:
[________________________________]

WHEN RECORDED RETURN TO:
[________________________________]
[________________________________]
[________________________________]

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SPACE ABOVE THIS LINE FOR RECORDER'S USE

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ENVIRONMENTAL COVENANT

Document Type: Environmental Covenant
APN/Parcel Number(s): [________________________________]

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THIS ENVIRONMENTAL COVENANT ("Covenant") is made and entered into as of the [____] day of [________________], 20[____], by and among:

GRANTOR(S):
[________________________________] ("Owner")
[Address]
[City, State ZIP]

HOLDER(S):
[________________________________] ("Agency Holder")
[Address]
[City, State ZIP]

AND

[________________________________] ("Additional Holder," if any)
[Address]
[City, State ZIP]

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RECITALS

A. Owner is the fee simple owner of certain real property located in [________________________________] County, State of [________________________________], more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property").

B. The Property is the site of an environmental response project conducted pursuant to [identify applicable environmental law, e.g., "the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq." or state equivalent].

C. As a result of the environmental response project, certain hazardous substances, pollutants, or contaminants remain on or under the Property, which require the implementation of activity and use limitations to ensure protection of human health and the environment.

D. [Agency Holder] is the state/federal agency with primary regulatory responsibility for the environmental response project at the Property and has authority to act as a holder of this Environmental Covenant pursuant to [cite applicable state UECA statute or other authority].

E. This Environmental Covenant is required as a condition of [describe regulatory approval, e.g., "the approval of the remedial action plan" or "the issuance of a No Further Action letter" or "achievement of cleanup standards"].

F. Owner has agreed to execute this Environmental Covenant to restrict certain activities on the Property and to require certain actions to be taken with respect to the Property in order to ensure the continued protection of human health and the environment.

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AGREEMENT

NOW, THEREFORE, for and in consideration of the foregoing recitals, which are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees as follows:

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ARTICLE I: DEFINITIONS

1.1 "Activity and Use Limitations" means restrictions or obligations with respect to the Property created under this Covenant.

1.2 "Affected Area" means the portion of the Property depicted on Exhibit B where contamination remains and where the Activity and Use Limitations apply.

1.3 "Agency" means [________________________________], and any successor agency.

1.4 "Engineering Controls" means physical mechanisms to contain or stabilize contamination or ensure the effectiveness of a remedial action, as described in Article IV.

1.5 "Environmental Law" means [________________________________] and regulations promulgated thereunder.

1.6 "Hazardous Substances" means [as defined in applicable statute or "any hazardous substance, pollutant, or contaminant as defined in CERCLA, 42 U.S.C. § 9601(14)"].

1.7 "Institutional Controls" means administrative or legal mechanisms that limit land use or provide information to help minimize the potential for human exposure to contamination.

1.8 "Owner" means [________________________________] and any subsequent owner(s) of all or any portion of the Property.

1.9 "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

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ARTICLE II: PURPOSE

2.1 The purpose of this Environmental Covenant is to:

(a) Ensure the long-term protectiveness of the remedial action implemented at the Property;

(b) Prevent activities that may result in unacceptable exposure to residual contamination;

(c) Prevent activities that may interfere with the integrity and effectiveness of engineering controls;

(d) Ensure that any future development or use of the Property is consistent with the cleanup standards achieved; and

(e) Provide notice to subsequent owners and occupants of the Property of the activity and use limitations.

2.2 This Covenant shall run with the land and shall be binding on Owner, its successors, assigns, lessees, and any other person acquiring an interest in the Property.

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ARTICLE III: ACTIVITY AND USE LIMITATIONS

3.1 Prohibited Activities. The following activities are prohibited on the Affected Area:

☐ (a) Residential Use Prohibition. The Property shall not be used for residential purposes, including but not limited to single-family homes, apartments, condominiums, mobile homes, or any other dwelling units.

☐ (b) Groundwater Use Prohibition. No wells shall be installed on the Property for any purpose, including but not limited to drinking water supply, irrigation, or industrial use, without prior written approval from the Agency.

☐ (c) Soil Disturbance Restriction. No excavation, drilling, digging, grading, or other activity that disturbs soil below a depth of [____] feet below ground surface shall occur on the Affected Area without prior written approval from the Agency and implementation of appropriate health and safety measures.

☐ (d) Agricultural Use Prohibition. The Property shall not be used for agricultural purposes, including growing of crops for human or animal consumption.

☐ (e) Child Care/School Prohibition. The Property shall not be used for child care facilities, schools, playgrounds, or other uses primarily serving children.

☐ (f) Building Construction Restrictions. No building shall be constructed on the Affected Area without prior written approval from the Agency and incorporation of vapor intrusion mitigation measures approved by the Agency.

☐ (g) Other Prohibited Activities:
[________________________________]
[________________________________]
[________________________________]

3.2 Required Activities. Owner shall undertake or cause to be undertaken the following activities:

☐ (a) Maintain Cap/Cover. Owner shall maintain the integrity of the [describe cap/cover system] in accordance with the approved operation and maintenance plan attached as Exhibit C.

☐ (b) Maintain Engineering Controls. Owner shall maintain all engineering controls described in Article IV in good working condition and in accordance with the approved operation and maintenance plan.

☐ (c) Conduct Monitoring. Owner shall conduct [groundwater/soil vapor/other] monitoring in accordance with the monitoring plan attached as Exhibit D and submit monitoring reports to the Agency [quarterly/semi-annually/annually].

☐ (d) Maintain Access. Owner shall provide Agency and its authorized representatives access to the Property at reasonable times for inspection of the engineering controls and to verify compliance with this Covenant.

☐ (e) Notice to Future Owners/Occupants. Owner shall provide a copy of this Covenant to any prospective purchaser or lessee of the Property prior to the transfer or lease of any interest in the Property.

☐ (f) Other Required Activities:
[________________________________]
[________________________________]

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ARTICLE IV: ENGINEERING CONTROLS

4.1 The following engineering controls have been implemented at the Property and shall be maintained in accordance with this Covenant:

☐ (a) Cap/Cover System
Description: [________________________________]
Location: [________________________________] (see Exhibit B)
Specifications: [________________________________]

☐ (b) Soil Vapor Extraction System
Description: [________________________________]
Location: [________________________________]
Operating Parameters: [________________________________]

☐ (c) Groundwater Treatment System
Description: [________________________________]
Location: [________________________________]
Operating Parameters: [________________________________]

☐ (d) Vapor Intrusion Mitigation System
Description: [________________________________]
Location: [________________________________]
Specifications: [________________________________]

☐ (e) Physical Barrier/Containment
Description: [________________________________]
Location: [________________________________]
Specifications: [________________________________]

☐ (f) Other Engineering Controls:
[________________________________]
[________________________________]

4.2 Owner shall not remove, modify, or otherwise alter any engineering control without prior written approval from the Agency.

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ARTICLE V: NOTICE AND APPROVAL REQUIREMENTS

5.1 Notice of Proposed Land Use Change. Prior to any change in the use of the Property, Owner shall provide written notice to the Agency at least [____] days in advance of the proposed change.

5.2 Notice of Proposed Activity. Prior to undertaking any activity that may affect the Affected Area or any engineering control, Owner shall provide written notice to the Agency and shall obtain written approval before proceeding.

5.3 Notice of Violation. Owner shall notify the Agency within [____] hours of discovering any breach of this Covenant or any event that may affect the integrity of any engineering control.

5.4 Notice of Transfer. Owner shall provide written notice to the Agency at least [____] days prior to any transfer of ownership of all or any portion of the Property.

5.5 Form of Notice. All notices required under this Covenant shall be in writing and delivered by certified mail, return receipt requested, or by overnight courier to:

For Agency:
[________________________________]
[________________________________]
[________________________________]
Attention: [________________________________]

For Owner:
[________________________________]
[________________________________]
[________________________________]
Attention: [________________________________]

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ARTICLE VI: ENFORCEMENT

6.1 Right to Enforce. This Covenant may be enforced by:
(a) The Agency;
(b) Any holder of this Covenant;
(c) Any person to whom the Agency or holder has assigned its enforcement rights; and
(d) Any person authorized by applicable law to enforce this Covenant.

6.2 Remedies. In the event of a violation of this Covenant, the enforcing party may pursue any remedy available at law or in equity, including but not limited to:
(a) Injunctive relief to prevent further violation;
(b) An action to compel compliance;
(c) Recovery of costs incurred to remedy the violation;
(d) Civil penalties as authorized by applicable law; and
(e) Any other relief deemed appropriate by a court of competent jurisdiction.

6.3 Cumulative Remedies. The remedies described herein are cumulative and shall be in addition to any other remedies available at law or in equity.

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ARTICLE VII: AMENDMENT AND TERMINATION

7.1 Amendment. This Covenant may be amended only with the written consent of the Agency and Owner, recorded in the same manner as this Covenant. Any amendment shall describe the conditions under which the amendment is authorized.

7.2 Termination. This Covenant shall terminate only upon:
(a) Written determination by the Agency that the Activity and Use Limitations are no longer necessary to protect human health or the environment; and
(b) Recordation of a document terminating this Covenant.

7.3 Survival. Upon termination of this Covenant, Owner shall record a notice of termination in the real property records of the county in which the Property is located.

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ARTICLE VIII: GENERAL PROVISIONS

8.1 Runs with the Land. This Covenant shall run with the land and shall be binding upon Owner and all persons acquiring any interest in the Property.

8.2 Severability. If any provision of this Covenant is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

8.3 No Waiver. Failure of any party to enforce any provision of this Covenant shall not constitute a waiver of the right to enforce any provision at any time thereafter.

8.4 Governing Law. This Covenant shall be governed by and construed in accordance with the laws of the State of [________________________________].

8.5 Recordation. This Covenant shall be recorded in the real property records of [________________________________] County, State of [________________________________].

8.6 Subordination. [Include subordination provisions if necessary to address mortgage/lien priority issues]

8.7 Financial Assurance. [Include provisions for financial assurance if required by the Agency]

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ARTICLE IX: SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Environmental Covenant as of the date first written above.

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OWNER:

[________________________________]

By: [________________________________]
Name: [________________________________]
Title: [________________________________]
Date: [________________________________]

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AGENCY HOLDER:

[________________________________]

By: [________________________________]
Name: [________________________________]
Title: [________________________________]
Date: [________________________________]

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ADDITIONAL HOLDER (if any):

[________________________________]

By: [________________________________]
Name: [________________________________]
Title: [________________________________]
Date: [________________________________]

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ACKNOWLEDGMENTS

STATE OF [________________________________]
COUNTY OF [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public, personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of [________________________________] that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

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[Repeat acknowledgment for each signatory]

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EXHIBITS

EXHIBIT A - Legal Description of Property
[________________________________]

EXHIBIT B - Site Map Depicting Affected Area
[Attach map]

EXHIBIT C - Operation and Maintenance Plan
[Attach or incorporate by reference]

EXHIBIT D - Monitoring Plan
[Attach or incorporate by reference]

EXHIBIT E - Approved Remedial Action Plan/Record of Decision
[Attach or incorporate by reference]

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STATE-SPECIFIC NOTES

California

• California does not have UECA; use deed restrictions recorded under Cal. Health & Safety Code
• DTSC and Regional Water Quality Control Boards have authority
• California Civil Code § 1471 provides for environmental restrictions
• Land Use Covenants (LUCs) are standard institutional control mechanism
• Title 22 CCR and Title 23 CCR contain relevant requirements

Texas

• Texas adopted UECA as Texas Property Code Chapter 202A
• TCEQ administers state cleanup programs
• Institutional controls commonly used in TRRP (Texas Risk Reduction Program)
• Innocent Owner/Operator Program has specific requirements
• Texas Health and Safety Code Chapter 361 applies

Florida

• Florida has not adopted UECA
• Restrictive covenants used under F.S. Chapter 376
• FDEP uses Institutional Controls Documentation
• Deed notifications required for certain cleanup levels
• Brownfield site rehabilitation uses Activity and Use Limitations

New York

• New York has not adopted UECA in full
• Environmental Conservation Law Article 27 governs cleanups
• NYSDEC uses Environmental Easements
• Brownfield Cleanup Program has specific IC requirements
• Site Management Plans required for many cleanups

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SOURCES AND REFERENCES

• Uniform Environmental Covenants Act (UECA)
• EPA Institutional Controls Guidance: https://www.epa.gov/superfund/superfund-institutional-controls
• State environmental agency guidance (varies by state)
• American Bar Association Real Property Section resources

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This template is provided for general informational purposes. Environmental covenants must comply with state-specific requirements and should be prepared by qualified environmental and real estate counsel in coordination with the applicable regulatory agency.