Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

114E.15 CONTENTS OF ENVIRONMENTAL COVENANT.
    (a) An environmental covenant must:
    (1) state on its first page that the instrument is an environmental covenant executed pursuant
to this chapter;
    (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 and acknowledged by the environmental agency, every holder, and every owner
of the fee simple title to the real property subject to the covenant; and
    (6) 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 by paragraph (a), an environmental covenant may
contain other information, restrictions, and requirements agreed to by the persons who signed it,
including any:
    (1) requirements for notice of any transfer of a specified interest in, or concerning proposed
changes in use of, applications for building permits for, or proposals for any site work affecting the
contamination or the environmental response project on, the real property subject to the covenant;
    (2) requirements for periodic reporting describing compliance with the covenant;
    (3) rights of access to the real property granted in connection with implementation or
enforcement of the covenant;
    (4) a brief narrative description of the contamination and environmental response project,
including the contaminants of concern, the pathways of exposure, limits on exposure, and the
location and extent of the contamination;
    (5) limitation on amendment or termination of the covenant in addition to those contained
in sections 114E.40 and 114E.45;
    (6) rights of the holder in addition to its right to enforce the covenant pursuant to section
114E.50; and
    (7) waiver of a party's right to consent to the amendment or termination of a covenant
under section 114E.45, paragraph (a), clause (3).
    (c) The environmental agency may set reasonable conditions for its approval of an
environmental covenant, including:
    (1) requiring that persons specified by the agency that have interests in the real property
also sign the covenant;
    (2) requiring that a person who holds a prior interest in the real property subject to the
covenant agree to subordinate that interest where applicable; and
    (3) requiring the inclusion within the text of the covenant information, restrictions, or
requirements as described in paragraph (b).
History: 2007 c 131 art 1 s 62

Official Publication of the State of Minnesota
Revisor of Statutes