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Ch. 229 2005 LAWS OF MARYLAND
CHAPTER 229
(House Bill 679)
AN ACT concerning
Maryland Uniform Environmental Covenants Act
FOR the purpose of enacting the Uniform Environmental Covenants Act; establishing
requirements to govern the creation, applicability, maintenance, and
enforcement of an environmental covenant; establishing the rights and duties
arising from an environmental covenant; making this Act severable; and
generally relating to environmental covenants.
BY adding to
Article - Environment
Section 1-801 through 1 811 1-815, inclusive, to be under the new subtitle
"Subtitle 8. Maryland Uniform Environmental Covenants Act"
Annotated Code of Maryland
(1996 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Environment
SUBTITLE 8. MARYLAND UNIFORM ENVIRONMENTAL COVENANTS ACT.
1-801.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) "ACTIVITY AND USE LIMITATION" MEANS A RESTRICTION OR OBLIGATION
CREATED UNDER THIS SUBTITLE WITH RESPECT TO REAL PROPERTY.
(C) "AGENCY" MEANS THE DEPARTMENT OR ANY OTHER STATE OR FEDERAL
AGENCY THAT DETERMINES OR APPROVES THE ENVIRONMENTAL RESPONSE
PROJECT PURSUANT TO WHICH AN ENVIRONMENTAL COVENANT IS CREATED.
(D) "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, OR FOR
MAINTENANCE, OR IMPROVEMENT OF OTHER REAL PROPERTY DESCRIBED IN A
RECORDED COVENANT THAT CREATES THE COMMON INTEREST COMMUNITY.
(E) "ENVIRONMENTAL COVENANT" MEANS A SERVITUDE ARISING UNDER AN
ENVIRONMENTAL RESPONSE PROJECT THAT IMPOSES ACTIVITY AND USE
LIMITATIONS.
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