§ 114e-25

114E.25 RELATIONSHIP TO OTHER LAND USE LAW. (a) This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. (b) An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter. (c) An environmental agency that exercises authority under law other than this chapter to require as part of an environmental response project the performance of a response or corrective action that would not otherwise be an authorized use of real property under zoning or other real property law or prior recorded instruments may include such requirement as an affirmative obligation in an environmental covenant. History: 2007 c 131 art 1 s 64