§ 47-37-11 — Registry - Substitute notice

1. The department of environmental quality shall establish and maintain a registry that
contains all environmental covenants and any amendment or termination of those

covenants. The registry also may contain any other information concerning
environmental covenants and the real property subject to the covenants which the
department of environmental quality considers appropriate. The registry is a public
record for purposes of section 44-04-18.
2. After an environmental covenant or an amendment or termination of a covenant is filed
in the registry established pursuant to subsection 1, a notice of the covenant,
amendment, or termination that complies with this section may be recorded in the land
records in lieu of recording the entire covenant. Any such notice must contain:
a. A legally sufficient description and any available street address of the real
property subject to the covenant;
b. The name and address of the owner of the fee simple interest in the real property,
the agency, and the holder if other than the agency;
c. A statement that the covenant, amendment, or termination is available in a
registry at the department of environmental quality, which discloses the method of
any electronic access; and
d. A statement that the notice is notification of an environmental covenant executed
pursuant to this chapter.
3. A statement in substantially the following form, executed with the same formalities as a
deed in this state, satisfies the requirements of subsection 2:
a. This notice is filed in the land records of the (insert political subdivision) of (insert
name of jurisdiction in which the real property is located) pursuant to, section
47-37-11.
b. This notice and the covenant, amendment, or termination to which it refers may
impose significant obligations with respect to the property described below.
c. A legal description of the property is attached as Exhibit A to this notice. The
address of the property subject to the environmental covenant is (insert either
address of property or not available).
d. The name and address of the owner of the fee simple interest in the real property
on the date of this notice is (insert name of current owner of the property and the
owner's current address as shown on the tax records of the jurisdiction in which
the property is located).
e. The environmental covenant, amendment, or termination was signed by (insert
name and address of the agency).
f. The environmental covenant, amendment, or termination was filed in the registry
on (insert date of filing).
g. The full text of the covenant, amendment, or termination and any other
information required by the agency is on file and available for inspection and
copying in the registry maintained for that purpose by the department of
environmental quality at 918 East Divide Avenue, Bismarck, North Dakota 58501.
The covenant, amendment, or termination may be found electronically at
https://deq.nd.gov/.