HB 1079 Summary

• Creates chapter 47-37 of the North Dakota Century Code establishing the Uniform Environmental Covenants Act to govern environmental covenants on contaminated real property.

• Environmental covenants are enforceable servitudes that impose activity and use limitations on real property undergoing environmental remediation under federal, state, or voluntary cleanup programs.

• Covenants must be signed by the agency, all holders, and fee simple owners (unless waived), contain legally sufficient property descriptions, and be recorded in all counties where the property is located.

• Environmental covenants run perpetually with the land unless terminated by specific duration, consent of required parties, court action under changed circumstances, or foreclosure of a priority interest.

• The Department of Environmental Quality maintains a public registry of all covenants and amendments; notices may be recorded in land records referencing the registry instead of recording entire covenant documents.