Section 10. Definitions

The following words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.

"Agency" means the Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. The agency may be considered a grantee for purposes of indexing in the land records.

"Applicant" means the owner or owners of the property to which the covenant attaches or a person or persons who are lawfully authorized to execute and submit a proposed environmental covenant, amendment, termination, or other UECA document to the department or other agency pursuant to this chapter. The applicant may be considered a grantor for purposes of indexing in the land records.

"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 for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.

"Department" means the Department of Environmental Quality.

"Environmental covenant" or "covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.

"Environmental remediation" means the actions required by the agency as part of an environmental response project. Activity and use limitations alone may constitute "environmental remediation."

"Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:

1. Under a federal or state program governing environmental remediation of real property;

2. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or

3. Under a state voluntary clean-up program including the Brownfield Restoration and Land Renewal Act, Chapter 12.1 (§ 10.1-1230 et seq.) of the Title 10.1 of the Code of Virginia.

"Holder" means the grantee of an environmental covenant. A 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. The holder shall be considered a grantee for purposes of indexing in the land records.

"Owner" means the fee simple owner of the property to which the covenant attaches. There may be more than one owner. The owner shall be considered a grantor for purposes of indexing in the land records.

"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 other legal or commercial entity.

"Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"State" 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.

"UECA" means the Uniform Environmental Covenants Act, Chapter 12.2 (§ 10.1-1238 et seq.) of Title 10.1 of the Code of Virginia.

"Virginia UECA Template" means the form and content of an environmental covenant executed in Virginia as prescribed by 9VAC15-90-30 C.

Historical Notes

Derived from Volume 28, Issue 03, eff. November 9, 2011.

Statutory Authority

§ 10.1-1250 of the Code of Virginia.