An Act To Adopt the Uniform Environmental Covenants Act
Maine Legislature, Session 122, LD 1559
Committee: Judiciary
Sponsors: HOBBINS, SHERMAN, BRYANT, CARR, GERZOFSKY

Legislative Document 
No. 1559 
S.P.543 
In Senate, April 7, 2005 
An Act To Adopt the Uniform Environmental Covenants Act 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator HOBBINS of York. 
Cosponsored by Representative SHERMAN of Hodgdon and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: BRYANT of Windham, CARR of Lincoln, GERZOFSKY of Brunswick. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA c. 31 is enacted to read: 
CHAPTER 31 
UlUFORM EHVIRc:mmRTAL COVENANTS ACT 
§300l. 
Short title 
This 
chapter 
may 
be 
known 
and 
cited 
as 
the 
Uniform 
Environmental Covenants Act. 
§3002. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Activity 
and 
use 
limitations. 
"Activity 
and 
use 
limitations" means restrictions or obligations created under this 
chapter with respect to real property. 
2. 
Agency. 
"Agency" 
means 
the department or 
any legal 
successor or any other state or federal agency that determines or 
approves the environmental response project pursuant to which the 
environmental covenant is created. 
3. 
CODmQn interest cOJllllunity. 
"Common interest community" 
means 
a 
condominium, 
cooperative or other real property with 
respect to which a person, by virtue of the person's ownership of 
a parcel of real property, is obligated to pay property taxes or 
insurance premiums or for maintenance or improvement of other 
real property described in a recorded covenant that creates the 
common interest community. 
4. 
Environmental 
covenant; 
covenant. 
~~nant" or 
"covenant" 
means 
a 
servitude 
environmental 
response project that imposes 
limitations. 
"Environmental 
arising 
under 
an 
activity and 
use 
5. 
Enviromaental response project. 
"Environmental response 
project" 
means 
a 
plan 
or 
work 
performed 
for 
environmental 
remediation of real property and conducted: 
A. 
Under a federal or state program governing environmental 
remediation of real property, including, but not limited to, 
remediation under the laws governing uncontrolled hazardous 
substance sites, pursuant to chapter 13 B; or 
Page l-LR2059(1) 
B. 
Incident to closure of a solid, special or hazardous 
waste 
management unit if the closure is conducted with 
approval 
f 
the 
depa.J'"-t".,m",-e""-n~t_-,u""n~d...,e,,-r,,-----,t ... 
h,,",e,,------,,,l,,,a",wco;s,--_g",-",o..Y..v-",e-"-r-",n,-,,i~n=g 
hazardous 
waste, 
septage 
and 
solid 
waste 
management. 
pursuant to chapter 13. 
6. 
Holder. 
"Holder" means the grantee of an environmental 
covenant as specified in section 3003, subsection 1. 
7. 
Person. 
"Person" 
means 
an 
individual, 
corporation, 
business trust, estate, trust, partnership, 
limited liability 
company, 
association, 
joint 
venture, 
public 
corporation, 
government, governmental subdivision, agency, instrumentality or 
any other legal or commercial entity. 
jl. 
Record. 
"Recru:.Q,." the 
n~~l'!!.e-.ans information that is 
inscribed on a tangible medium or that is stored in an electronic 
or other medium and is retrievable in perceivable form. 
.2.. 
State. 
'~tate" _means a state of the United States, the 
District of 
Columbia, 
Puerto Rico, 
the United States Virgin 
Islands or any territory or insular possession subject to the 
jurisdiction of the United States. 
§3003. 
Nature of rights 
1. 
Holder. 
Any person, including a person that owns an 
interest in the real property, the agency or a municipality or 
other unit of local government, may be a hOlder. An environmental 
covenant may identify more than one holder. The interest of a 
holder is an interest in real property. 
When the department is 
the agency determining or approving the environmental response 
lll.Qject pursuant to which an environmental covenant is created, 
the department shall iden_tify all holders of the environmental 
covenant 
and 
may 
identify 
the 
department 
as 
a 
holder, 
notwithstanding any other provision of law. 
8 
~. __ 
Rj,g;ht of agenc:'y "-_h-----I:_igJ) t 
f 
an 
agency_u_n~~_thi.§. 
chapter or under an environmental covenant, other than a right as 
a holder, is not an interest in real property. 
3. 
Obligations. 
An agency is bound by any obligation it 
~sumes in an environmental covenant. but an agency does not 
assume obligations merely by signing an environmental covenant. 
Any other person that signs an environmental covenant is bound by 
the obligations the person assumes in the covenant. but signing 
the covenant does not change obligations, rights or protections 
gLanted or imposed under law other than this chapter except as 
provided in the covenant. 
4. 
Priority 
of 
recorded 
recorded interests is governed by 
this Act, except as provided in 
tax liens. 
interests. 
The 
priority 
or 
other law, and is unaffected by 
section 3009, subsection 3 for 
5. 
Signatur~ on record. 
If the environmental 
covenant 
covers commonly owned property in a 
common interest community, 
the 
record 
may 
be 
signed 
by 
any 
person authorized 
by 
the 
governing boards of the owners' association. 
§3004. 
Contents of environmental covenant 
1. 
Required contents. 
An environmental covenant must: 
A. 
State that the instrument is an environmental covenant 
executed pursuant to this chapter; 
B. 
Contain a 
legally sufficient description of the real 
property subject to the covenant; 
C. 
Describe the activity and use limitations on the real 
property; 
D. 
Identify every holder; 
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; and 
eF2. __ ~I~d~e~n~t~~~·~f~y __ t~h~e __ ~n~am~e~~a~n~d~~l~o~c~a~t~ion of any administrative 
record for the environmental response project reflected in 
the environmental covenant. 
2. 
Permissible content .... 
s'-".'--------"'-I~Mllion t~e information 
reguired by subsection 1, an environmental covenant may contain 
other information, restrictions and reguirements agreed to by the 
persons that signed it, including: 
A. 
Any 
reguirements 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; 
B. 
Any 
reguirements 
for 
periodic 
reporting 
describing 
compliance with the covenant; 
c. 
Any 
rights 
of 
access 
to 
the 
property granted 
in 
connection 
with 
implementation 
or 
enforcement 
of 
the 
covenant; 
D. 
A brief narrative description of any contamination and 
its 
remedy, 
including the 
contaminants 
of 
concern, 
the 
pathways 
f expo sure , 
limi,-,t ... 
s,--~o-",nL....-'e",",x ... plI'-o",-",-s-",u",-r-""e,---,a""n ... d",----,t .... h,"-,e"--..... 
l'""'o'-"c'-'a...,t~i'"'o~n 
and extent of the contamination; 
E. 
Any 
limitation on 
amendment 
or 
termination of 
the 
covenant in addition to those contained in sections 3009 and 
3010; and 
F. 
Any rights of the holder in addition to the holder's 
right to enforce the covenant pursuant to section 3011. 
~. 
AqQjtional signatories. 
In addition to other conditions 
.LQ.Ljts approval of an 
envi~nmental covenant, the agency may 
reguire those persons specified by the agency who have interests 
in the real property to sign the covenant. 
§3005. 
Validity; effect on other instrume~ 
1. 
Runs with land. 
An environmental covenant that complies 
with this chapter runs with the land. 
2. 
Valid and enforcea,b1.e. 
An 
environmenta~ovenant that 
is otherwise effective is valid and enforceable even if: 
A. 
It is not appurtenant to an interest in real property; 
B. 
It can be or has been assigned to a person other than 
the original holder; 
c. 
It is not of a 
character that has been recognized 
traditionally at common law; 
D. 
It imposes a negative burden; 
E.~ 
It imposes an affi~mative obligation on a person having 
an interest in the real property or on the holder; 
F. 
The benefit or burden does not touch or concern real 
property; 
G. 
There is no privity of estate or contract; 
H. 
The 
holder 
dies, 
ceases 
to 
exist, 
resigns 
or 
is 
replaced; or 
l. 
The owner of an interest subject to the environmental 
covenant and the holder are the same person. 
3. 
Instrument recorded prior to effective date of chapter. 
An 
instrument that creates 
restrictions or 
obligations 
with 
respect to real property t~would qualify as activity and use 
limitations except for the fact that the instrument was recorded 
before the effective date of this chapter is not invalid or 
unenforceable because of any of the limitations on enforcement of 
interests described in subsection 2 or because it was identified 
as an easement. servitude, deed restriction or other interest. 
This chapter does not apply in any other respect to such an 
instrument. 
4. 
Hot invalidate or render unenforceable. 
This chapter 
does 
not 
invalidate 
or 
render 
unenforceable 
any 
interest, 
condition, 
declaration, 
covenant 
or 
environmental 
covenant, 
regardless of how designated, that is otherwise enforceable under 
the 
law of this State, 
whether created before or after the 
adoption of this chapter, including, without limitation, those 
adopted pursuant to section 343-E. 
§3006. 
Relationship to other land-use law 
This chapter does not authorize a use of real property that 
is otherwise prohibited by zoning, by law other than this chapter 
regulating use of real property or by a recorded instrument that 
has priority ove~e environmental covenant. 
An envirQJl1TLental 
covenant may prohibit or restrict uses Qf real property that are 
~thorized by zoning or by law other than this chapter. 
§3007. 
Hotice 
1. 
Proxision-2~py. A copy of an envirQnmental covenant 
must be provided by the persons and in the manner required by the 
agency to: 
A. 
Each person who signed the covenant: 
B. 
Each person holding a 
recorded interest in the real 
property subject to the covenant: 
C. 
Each person in PQssession of the real property subject 
to the covenant: 
D. 
Each municipality or other unit of local government in 
which real prQperty subject to the covenant is lQcated: and 
E. 
Any other person the agency requires. 
2. 
Effect of failure to provide cop,y. 
The validity of a 
covenant is not affected by failure to provide a copy of the 
covenant as reguired under this section. 
§3008. 
Recording 
1.. 
Recordil)9-u~uired. 
An envi_r<LIPllental covenant and any 
amendment or termination of the covenant must be recorded in 
every county in which any portion of the real property subject to 
the covenant is located. 
For purposes of indexing, a holder must 
be treated as a grantee. 
• 
Subj ect to la1f~vern~ 
... :n 
... g_ .... r",e ..... c .... o, ... r,-,d ... i ... D"'1g 
.......... p.,...r .... i .... o ... r .... ict""'y ...... '---"E.."x...,c....,e ..... plo'-t"'--,,.a",-s 
otherwise 
provided 
in 
section 
3009, 
subsection 
3, 
an 
environmental covenant is subject to the 
laws of this State 
governing recording and priority of interests in real property. 
§3009. 
Duration: amendment by court action 
.... 
l~._~P'--'er~tual 
duration. 
An 
environmental 
covenant 
is 
perpetual unless it is: 
A. 
By 
its 
terms 
limited 
to 
a 
specific 
duration 
or 
terminated by the occurrence of a specific event: 
B. 
Terminated by consent pursuant to section 3010; 
C. 
Terminated pursuant to subsection 2; 
D. 
Terminated by operation of other laws of this State 
governing priority of interests: or 
E. 
Terminated or modified in an eminent domain proceeding, 
but only if: 
(1) 
The agency that signed the covenant is a party to 
the proceeding: 
(2) 
All 
persons 
identified 
in 
section 
3010, 
subsections 1 and 2 are given notice of the pendency of 
the proceeding; and 
(3) 
The court determines, 
after hearing, 
that the 
termination or modification will not adversely affect 
human health or the environment. 
~~ 
Intended benefits can n~.9'~r be 
reali~~.d. 
If the 
agency that signed an environmental covenant has determined that 
~he intended benefits of the covenant can no longer be realized, 
a court, 
under the doctrine of changed circumstances, in an 
action 
in 
which 
all 
per~ons 
i~tified in 
section 
301...11L 
subsections 1 and 2 have been given notice, may terminate the 
covenant or reduce its burden on the real property subject to the 
covenant. 
The agency's determination or its failure to make a 
.Q.~rmination upon request is subject to review pursuant to the 
Maine Administrative Procedure Act. 
3. 
Extinguished. limited or impaired. 
Except as otherwise 
provided in subsections 1 and 2, an environmental covenant may 
nQ.!;, be extinguished. limite_d or 
imp-~ir_ed through issuance of a 
tax deed or foreclosure of a 
tax lien or application of the 
~ine of 
adverse 
possession, 
prescription, 
abandonment, 
waiver, lack of enforcement or acquiescence or a similar doctrine. 
4. 
Laws 
governing 
marketabl~tle and dormant mineral 
iQ..t-ex:uts. 
An environmental CQY.ellil,nt may not be 
extingu~L 
limited or impaired by application of laws governing marketable 
title and dormant mineral interests. 
§3010. 
Amendment or termination by consent 
1. 
Amendment or termination. 
An environmental covenant may 
De 
amended or terminated by consent only if the amendment or 
termination is signed by: 
A. 
The agency: 
B. 
Unless waived by the 
ag~ncy, the current owner of the 
fee simple of the real property subject to the covenant: 
C. 
Each person that originally signed the covenant. unless 
tbe person waived in a signed record the right to consent or 
a court finds that the person no longer exists or cannot be 
lQcated 
or 
identified 
with 
the 
exercise 
of 
reasonable 
diligence: and 
D. 
Except as otherwise provided in subsection 4, paragraph 
B, the holder. 
2. 
Effect of amendment of covenant. 
If an interest in real 
ru:...9~rty is subject to an~nvironment_al cove~, the interest is 
not affected by an amendment of the covenant unless the current 
owner of the interest consents to the amendment or has waived in 
a signed record the right to consent to amendments. 
3. 
Assignment to new holder. 
Except for 
an assignment 
undertaken pursuant to a governmental reorganization, assignment 
of an environmental covenant to a new holder is an amendment. 
4. 
~r. 
covenant: 
Assignment 
by 
holder: 
removal 
and 
replacement 
of 
Except 
as 
otherwise 
provided 
in 
an 
environmental 
A. 
A holder may not assign its interest without consent of 
the other parties; and 
B. 
A holder may be removed and replaced by agreement of the 
other parties specified in subsection 1. 
.5_. 
Va~y fille~~U1=_t-, 
A 
court 
of 
competent 
jurisdiction may fill a vacancy in the position of holder. 
§30l1. 
Enforcement of environmental covenant 
1. 
Civil action. 
A civil action for injunctive or other 
equitable relief for violation of an environmental covenant may 
be maintained by: 
A. 
A party to the covenant unless the 
otherwise 
for 
good cause at the 
time 
covenant is created, but in that event 
liability for any violation of the covenant 
agency determllti 
the environmental 
the party has no 
by others; 
B. 
The agency or, if it is not the agency, the department; 
C. 
Any person to whom the covenant expressly grants power 
to enforce; 
D. 
A person whose interest in the real property or whose 
collateral or liability may 
be 
affected by 
the alleged 
violation of the covenant; or 
E. 
A municipality or other unit of local government in 
which the real property subject to the covenant is located. 
limit the regulatory authority of the agency or the depar tment 
under 
any 
law 
other 
than this 
chapter 
with 
respect 
to 
an 
environmental response project. 
3. 
Liability for 
envi~_~J;\t~Q!IIediation. 
A person is 
not responsible for or subject to liability for environmental 
remediation solely because the person has the right to enforce an 
environmental covenant. 
§3012. 
List of environmental covenants: notice of recording 
1. 
Maintain list. 
The department may maintain a list of 
all environmental covenants adopted under this chapter, 
which 
may include any amendment or termination of those covenants. The 
list 
may 
also 
contain 
any 
other 
information 
concerning 
environmental covenants and the real property subject to them 
that the department considers appropriate. 
2. 
Recordi~~~~ir~d. The agency shall specify the ~~~s~n 
reguired to record in the land records the environmental covenant 
or the amendment or termination of a covenant. 
Within 30 days of 
the date of recording an environmental covenant or an amendment 
or termination 
o~_~venallt in the land records, the person 
.Q]}all file with the agency, and the department if it is not the 
agency, 
a complete copy of the recorded documents including a 
description of where the documents may be found in the land 
records. 
§3013. 
Uniformity of application and construction 
In applying and construing this chapter, consideration must 
be given to the need to promote uniformity of the law with 
respect to its subject matter among states that enact it. 
§3014. 
Relation to federal Electronic Signatures in Global and 
National Commerce Act 
This chapter modifies, 
limits or 
supersedes 
the 
federal 
Electronic Signatures in Global and National Commerce Act, 
United States Code, Section 7001 et seg. but does not modify, 
limj,_L~L-S'ypersede Section 101 of tilat Act, 
Unn~J&t~...Q. 
Code, Section 7001(a) or authorize electronic delivery of any of 
the notices described in Section 103 of that Act,15 United States 
Code, Section 7003(b). 
SUMMARY 
This bill adopts the Uniform Environmental Covenants Act as 
prepared by the National Conference of Commissioners of Uniform 
State Laws 
to provide 
a 
systematic approach to adoption and 
recording of environmental covenants, such as deed restrictions, 
and to protect the legal integrity of covenants once recorded.