Connecticut Administrative Code › Title 22a - Environmental Protection › 133q - Remediation Standard › Section 22a-133q-3 - NAULs

Current through July 10, 2024
(a)
General
No person shall execute and record a NAUL, pursuant to the RSRs
				and sections 22a-133n to 22a-133s, inclusive, of the Connecticut General
				Statutes, that does not comply with the requirements of said sections and this
				section.
(b)
Requesting a NAUL
The owner of a parcel seeking to execute and record a NAUL
				shall submit a request to the commissioner or LEP, as applicable. Unless
				otherwise specified by this section, any such request, including the items
				identified in each subdivision of this subsection, shall be submitted on a form
				prescribed by the commissioner and shall include:
(1) A proposed declaration of NAUL as
			 specified in section 22a-133q-app2 of the EUR Regulations;
(2) A proposed EUR factsheet;
(3) A draft survey that complies with section
			 22a-133q-4 of the EUR regulations with a revision date not more than 90 days
			 prior to the request to the commissioner or LEP, as applicable, for a
			 NAUL;
(4) A title search for the
			 parcel on which the proposed NAUL is located, completed not more than 90 days
			 prior to the request to the commissioner or LEP, as applicable, for a NAUL.
			 This title search shall include a listing and description of all recorded
			 interests in the chain of title;
(5) A report by an attorney with a current
			 and valid license to practice law in any state i United States. The report
			 shall:
(A) Be signed and certified to as
			 accurate by the attorney undertaking it;
(B) Contain a description, review and
			 evaluation of each recorded interest identified in the title search performed
			 pursuant to subdivision (4) of this subsection and for each such interest
			 indicate whether:
(i) The interest does not
			 allow for conduct of an activity that interferes with the restrictions and
			 affirmative obligations of the NAUL; or
(ii) The owner of such interest that does
			 allow for conduct of an activity that interferes with the restrictions and
			 affirmative obligations of the NAUL has agreed to sign the NAUL, pursuant to
			 section 22a-133o(c)(6) of the Connecticut General Statutes.
(6) An affidavit
			 executed by the owner of the parcel that:
(A)
			 Identifies and describes:
(i) All residential
			 activities on the parcel, and any other use of the parcel potentially in
			 conflict with the restrictions proposed by the NAUL;
(ii) All unrecorded leases, licenses or other
			 authorizations or rights regarding the parcel;
(iii) All unrecorded interests in the
			 parcel;
(iv) All claims to the
			 parcel, or to an interest in the parcel, by persons other than the owner;
			 and
(v) Any condominium by-laws or
			 regulations potentially in conflict with the restrictions of a proposed NAUL;
			 and
(B) Based on the
			 owner's personal inquiry of the surveyor who prepared the survey required by
			 subdivision (3) of this subsection, the attorney who prepared the title
			 evaluation required by subdivision (5) of this subsection, and the LEP who
			 prepared the EUR opinion required by subdivision (7) of this subsection, affirm
			 that the proposed NAUL does not conflict with items required to be specified in
			 the affidavit by subparagraph (A) of this subdivision;
(7) A proposed EUR opinion that complies with
			 section 22a-133q-5 of the EUR Regulations;
(8) Documents demonstrating:
(A) Compliance with subsection
			 22a-133k-1(d)
			 of the RSRs; and
(B) That the owner
			 of each interest in the parcel identified in the title search contained in
			 subdivision (4) of this subsection has been notified of the proposed NAUL in
			 compliance with the requirements specified in section 22a-133o(c)(2) of the
			 Connecticut General Statutes;
(9) If the NAUL is to be recorded less than
			 60 days after providing notice to those who hold an interest in the parcel,
			 written waivers of the 60 day review period signed by the interest holders
			 pursuant to section 22a-133o(c)(2) of the Connecticut General Statutes;
			 and
(10) Any other information
			 specified by the commissioner on such form.