2019 Maryland Code
Title 1 - Definitions; General Provisions; Enforcement
Subtitle 8 - Maryland Uniform Environmental Covenants Act
§ 1-802. Covenants in general.
(a) An environmental covenant shall:
(1) State that the instrument is an environmental covenant executed pursuant to this subtitle;
(2) Contain a legally sufficient description of the real property subject to the covenant;
(3) Describe the activity and use limitations on the real property;
(4) Identify every holder;
(5) Be signed by the Agency and every holder;
(6) Unless excepted by the Agency, be signed by every owner of the fee simple of the real property subject to the covenant; and
(7) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(b) In addition to the information required under subsection (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits or proposals for any site work affecting the contamination on the property subject to the covenant;
(2) Requirements for periodic reporting describing compliance with the covenant;
(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(4) Brief narrative descriptions of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(5) Limitations on amendment or termination of the covenant in addition to those provided under §§ 1-808 and 1-809 of this subtitle; and
(6) Rights of the holder in addition to the holder’s right to enforce the covenant under § 1-810 of this subtitle.
(c) In addition to other conditions for the Agency’s approval of an environmental covenant, the Agency may require those persons specified by the Agency who have interests in the real property to sign the covenant.