As used in this chapter, unless the context otherwise requires:
1.“Activity and use limitations” means restrictions or obligations created under this
chapter with respect to real property. “Activity and use limitations” may include, but is
not limited to, restrictions on installation of water wells and other exposure receptors,
construction of surface and subsurface structures, disturbance of and maintenance of
soil caps and technological controls, and land use classifications such as residential,
nonresidential, or industrial.
2.“Agency” means the department of natural resources created by section 455A.2 or any
other state department or federal agency that determines or approves the environmental
response project pursuant to which an environmental covenant is created.
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As used in this chapter, unless the context otherwise requires:
1. “Activity and use limitations” means restrictions or obligations created under this
chapter with respect to real property. “Activity and use limitations” may include, but is
not limited to, restrictions on installation of water wells and other exposure receptors,
construction of surface and subsurface structures, disturbance of and maintenance of
soil caps and technological controls, and land use classifications such as residential,
nonresidential, or industrial.
2. “Agency” means the department of natural resources created by section 455A.2 or any
other state department or federal agency that determines or approves the environmental
response project pursuant to which an environmental covenant is created.
3. “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, or for
maintenance or improvement of, other real property described in a recorded covenant that
creates the common interest community.
4. “Environmental covenant” means a servitude arising under an environmental response
project that imposes activity and use limitations or the written document creating such
servitude.
5. “Environmental response project” means a plan or work performed for environmental
remediation or flood control affecting real property and conducted under or by one of the
following:
a. A federal or state program that is subject to the jurisdiction of an agency, including
but not limited to programs established by chapters 455B and 455E, corrective or response
actions pursuant to 42 U.S.C. §6901 et seq., and remedial actions under 42 U.S.C. §9601 et
seq.
b. A federal or state program for the replacement or protection of ecological features
including wetlands.
c. A state voluntary cleanup program authorized in chapter 455H.
d. An incident to a closure conducted with approval of an agency of a solid or hazardous
waste management unit, a sanitary disposal project, or an underground storage tank.
6. “Grantor” means any person with sufficient fee title or other property ownership
interests necessary to create a valid environmental covenant under Iowa law.
7. “Holder”meansthegranteeofanenvironmentalcovenantasspecifiedinsection455I.3,
subsection 1.
8. “Person” means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public corporation, government,
§455I.2, UNIFORM ENVIRONMENTAL COVENANTS ACT 2
governmental subdivision, agency, or instrumentality, or any other legal or commercial
entity.
9. “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.