47-37-01. Definitions

47-37-01. Definitions

1. "Activity and use limitations" means restrictions or obligations created under this

chapter with respect to real property.

2. "Agency" means the department of environmental quality or any other state or federal

agency that determines or approves the environmental response project pursuant to

which the 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, 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.

5. "Environmental response project" means a plan or work performed for environmental

remediation of real property and conducted:

a. Under a federal or state program governing environmental remediation of real

property, including chapters 23.1-04, 23.1-08, and 61-28;

b. Incident to closure of a solid or hazardous waste management unit, if the closure

is conducted with approval of an agency; or

c. Under a state voluntary cleanup program authorized under title 23.1.

6. "Holder" means the grantee of an environmental covenant as specified in subsection 1

of section 47-37-02.

7. "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, public corporation, government,

governmental subdivision, agency, or instrumentality, or any other legal or commercial

entity.

8. "Record", used as a noun, means information inscribed on a tangible medium or

stored in an electronic or other medium and which is retrievable in perceivable form.

9. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.