Land Use Covenant Clause Samples
A Land Use Covenant is a legal agreement that restricts or regulates how a specific piece of land can be used. Typically, this clause outlines permitted and prohibited activities on the property, such as limitations on building types, environmental protections, or restrictions on commercial operations. By clearly defining acceptable uses, the covenant helps ensure that the land is used in accordance with agreed-upon standards, preventing disputes and protecting the interests of both the property owner and surrounding community.
Land Use Covenant. A land use covenant (LUC) pursuant to California Code of Regulations, Title 22, Section 67391.1 may be necessary to ensure full protection of the environment and human health. DTSC may require such a LUC in a DTSC-approved Cleanup Plan. If [Agency] is the owner of the Site, [Agency] agrees to record the LUC as approved by DTSC within ten (10) days of receipt of a fully executed original. If the [Agency] is not the owner of the Site and a LUC is required, [Agency] will work with the owner to provide DTSC with written confirmation that the owner will cooperate in implementing the DTSC-approved remedy, which may include a LUC. The [Agency] must provide DTSC with the owner’s written confirmation prior to the date the draft decision document is to be circulated for public notice and comment. If the [Agency] is unable to provide DTSC with written confirmation from the owner, a LUC may not be executed for the Site and the proposed remedy will be reevaluated.
Land Use Covenant. A land use covenant (LUC) pursuant to California Code of Regulations, Title 22, Section 67391.1 may be necessary to ensure full protection of the environment and human health. DTSC may require such a LUC in a DTSC-approved Cleanup Plan. If AHA is the owner of the Site, ▇▇▇ agrees to record the LUC as approved by DTSC within ten
Land Use Covenant. If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the final RAP or Cleanup Plan will contain a requirement for a land use covenant imposing appropriate limitations on land use when hazardous substances, hazardous materials, hazardous constituents or hazardous wastes will remain at the Property or group of Properties at levels that are determined by DTSC as not suitable for unrestricted use of the land. If DTSC determines a land use covenant is necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the land use covenant approved by DTSC. The land use covenant must be recorded in the County where the land is located prior to DTSC’s determination that a remedial or removal action has been properly completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of Properties.