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Environmental Covenants and Use Restrictions

Senate Bill 01-145 gave authority to the Colorado Department of Public Health and Environment to approve requests to restrict the future use of a property using an enforceable agreement called an environmental covenant.  When a contaminated site is not cleaned up completely, land use restrictions may be used to ensure that the selected cleanup remedy is adequately protective of human health and the environment.

Senate Bill 01-145 is included in the Colorado Revised Statutes as Article 15 of Title 25 Part 3 (25-15-301 et seq. CRS).  exit to Michie's Legal Resources

List of sites with environmental covenants or environmental use restrictions

Statewide Map of Covenant / Environmental Use Restriction Sites

Model Covenant Language (revised November 2008)

Model Environmental Use Restriction Language (revised February 2011)

Institutional Controls Implementation Guidance (17 pg, January 2012)

Faegre and Benson, LLP comments on draft policy
Office of Attorney General response to comments on draft policy

Timing of Environmental Covenants and Notices of Environmental Use Restrictions Policy
(8 pg, December 2011)

Faegre and Benson, LLP comments on draft policy
Office of Attorney General response to comments on draft policy