(765 ILCS 122/1)
Sec. 1. Short title. This Act may be cited as the Uniform Environmental Covenants Act.
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/2)
Sec. 2. Definitions. In this Act:
"Activity and use limitations" means restrictions or obligations created under this Act with respect to real property.
"Agency" means the Illinois Environmental Protection Agency or any other State or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
"Board" means the Pollution Control Board established by the Environmental Protection Act.
"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.
"Environmental covenant" means a servitude that (i) arises under an environmental response project or under a court or Board order and (ii) imposes activity and use limitations.
"Environmental response project" means a plan or work that is:
"Holder" means the grantee of an environmental covenant as specified in Section 3(a).
"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.
"Prior interest" means a preceding or senior interest, in time or in right, that is recorded with respect to the real property, including but not limited to a mortgage, easement, or other interest, lien, or encumbrance predating the recording of an environmental covenant.
"Record", used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"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.
(Source: P.A. 99-396, eff. 8-18-15.)
(765 ILCS 122/3)
Sec. 3. Nature of rights; subordination of interests.
(a) An owner or owners of real property may voluntarily enter into an environmental covenant, as a grantor of an interest in the real property, with an agency and, if appropriate, one or more holders. No owner, agency, or other person shall be required to enter into an environmental covenant as part of an environmental response project; provided, however, that (i) failure to enter into an environmental covenant may result in disapproval of the environmental response project; and (ii) once the owner, agency, or other person assumes obligations in an environmental covenant they must comply with those obligations of the environmental covenant in accordance with this Act.
(b) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.
(c) A right of an agency under this Act or under an environmental covenant, other than a right as a holder, is not an interest in real property.
(d) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this Act except as provided in the covenant.
(e) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(f) Environmental covenants established under this Act shall be subject to eminent domain or condemnation proceedings by any agency of the State having a general grant of authority to acquire property by the exercise of the right of eminent domain under the laws of this State. No environmental covenant established under this Act shall be terminated or modified unless:
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/4)
Sec. 4. Contents of environmental covenant.
(a) An environmental covenant must:
(b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/5)
Sec. 5. Validity; effect on other instruments.
(a) An environmental covenant that complies with this Act runs with the land.
(b) An environmental covenant that is otherwise effective is valid and enforceable even if:
(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this Act is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) or because it was identified as an easement, servitude, deed restriction, or other interest. This Act does not apply in any other respect to such an instrument.
(d) This Act does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this State, including but not limited to interests compliant with 35 Ill. Adm. Code 742, Subpart J.
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/6)
Sec. 6. Relationship to other land-use law. This Act does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this Act regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this Act.
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/7)
Sec. 7. Notice.
(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
(b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this Section.
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/8)
Sec. 8. Recording.
(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
(b) Except as otherwise provided in Section 9(c), an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/9)
Sec. 9. Duration; amendment by court action.
(a) An environmental covenant is perpetual unless it is:
(b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in Section 10(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to the Administrative Review Law.
(c) Except as otherwise provided in subsections (a) and (b), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
(d) An environmental covenant may not be extinguished, limited, or impaired by application of any Illinois Law concerning marketable title or dormant mineral interests.
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/10)
Sec. 10. Amendment or termination by consent.
(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(d) Except as otherwise provided in an environmental covenant:
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/11)
Sec. 11. Enforcement of environmental covenant.
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(b) This Act does not limit the regulatory authority of the agency or the Illinois Environmental Protection Agency under law other than this Act with respect to an environmental response project.
(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
(Source: P.A. 99-396, eff. 8-18-15.)
(765 ILCS 122/12)
Sec. 12. Registry; substitute notice.
(a) The Illinois Environmental Protection Agency shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the Illinois Environmental Protection Agency considers appropriate. The registry is a public record for purposes of the Freedom of Information Act.
(b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established pursuant to subsection (a), a notice of the covenant, amendment, or termination that complies with this Section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:
(c) A statement in substantially the following form, executed with the same formalities as a deed in this State, satisfies the requirements of subsection (b):
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/13)
Sec. 13. Uniformity of application and construction. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/14)
Sec. 14. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that Act (15 U.S.C. Section 7003(b)).
(Source: P.A. 95-845, eff. 1-1-09.)
(765 ILCS 122/15)
Sec. 15. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
(Source: P.A. 95-845, eff. 1-1-09.)
Structure Illinois Compiled Statutes
765 ILCS 5/ - Conveyances Act.
765 ILCS 10/ - Seals and Real Estate Contracts Act.
765 ILCS 15/ - Land Patent Act.
765 ILCS 20/ - Covenants of Warranty Act.
765 ILCS 25/ - Acknowledgment Validation Act.
765 ILCS 30/ - Uniform Recognition of Acknowledgments Act.
765 ILCS 33/ - Uniform Real Property Electronic Recording Act.
765 ILCS 40/ - Torrens Repeal Law.
765 ILCS 45/ - Destroyed Public Records Act.
765 ILCS 50/ - Agricultural Foreign Investment Disclosure Act.
765 ILCS 60/ - Property Owned By Noncitizens Act.
765 ILCS 65/ - Uniform Vendor and Purchaser Risk Act.
765 ILCS 67/ - Installment Sales Contract Act.
765 ILCS 70/ - Dwelling Structure Contract Act.
765 ILCS 75/ - Dwelling Unit Installment Contract Act.
765 ILCS 77/ - Residential Real Property Disclosure Act.
765 ILCS 80/ - Real Estate Sale Validation Act.
765 ILCS 95/ - Mine Subsidence Disclosure Act.
765 ILCS 105/ - Building and Loan Mortgage Release Act.
765 ILCS 110/ - Building and Loan Deed Validation Act.
765 ILCS 115/ - Property of Unincorporated Associations Act.
765 ILCS 120/ - Real Property Conservation Rights Act.
765 ILCS 122/ - Uniform Environmental Covenants Act.
765 ILCS 125/ - Entry on Adjoining Land to Accomplish Repairs Act.
765 ILCS 135/ - Water Dam Use Act.
765 ILCS 140/ - Adjacent Landowner Excavation Protection Act.
765 ILCS 145/ - Transmission Line Prescriptive Right Prohibition Act.
765 ILCS 150/ - Industrialized Residential Structure Deed Restriction Act.
765 ILCS 155/ - Transfer Fee Covenant Act.
765 ILCS 160/ - Common Interest Community Association Act.
765 ILCS 165/ - Homeowners' Energy Policy Statement Act.
765 ILCS 170/ - Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
765 ILCS 210/ - Judicial Plat Act.
765 ILCS 215/ - Permanent Survey Act.
765 ILCS 220/ - Land Survey Monuments Act.
765 ILCS 225/ - Illinois Coordinate System Act.
765 ILCS 230/ - Coast and Geodetic Survey Act.
765 ILCS 330/ - Rights of Entry or Re-entry Act.
765 ILCS 335/ - Surrender or Merger of Reversion Act.
765 ILCS 340/ - Contingent Remainder Act.
765 ILCS 345/ - Rule in Shelley's Case Abolishment Act.
765 ILCS 350/ - Doctrine of Worthier Title Abolishment Act.
765 ILCS 405/ - Land Trust Beneficial Interest Disclosure Act.
765 ILCS 407/ - Land Trust Beneficiary Rights Act.
765 ILCS 410/ - Land Trust Successor Trustee Act.
765 ILCS 415/ - Land Trustee as Creditor Act.
765 ILCS 420/ - Land Trust Recordation and Transfer Tax Act.
765 ILCS 425/ - Building Law Violation Ownership Disclosure Act.
765 ILCS 430/ - Sale of Residential Property Subject to Land Trust Act.
765 ILCS 435/ - Land Trust Fiduciary Duties Act.
765 ILCS 505/ - Mining Act of 1874.
765 ILCS 510/ - Mineral Lease Release of Record Act.
765 ILCS 515/ - Severed Mineral Interest Act.
765 ILCS 520/ - Oil and Gas Rights Act.
765 ILCS 525/ - Oil and Gas Recovery Act.
765 ILCS 530/ - Drilling Operations Act.
765 ILCS 540/ - Coal Rights Act.
765 ILCS 605/ - Condominium Property Act.
765 ILCS 610/ - Condominium Advisory Council Act.
765 ILCS 615/ - Condominium and Common Interest Community Ombudsperson Act.
765 ILCS 705/ - Landlord and Tenant Act.
765 ILCS 710/ - Security Deposit Return Act.
765 ILCS 715/ - Security Deposit Interest Act.
765 ILCS 720/ - Retaliatory Eviction Act.
765 ILCS 725/ - Property Taxes of Noncitizen Landlords Act.
765 ILCS 730/ - Rent Concession Act.
765 ILCS 735/ - Rental Property Utility Service Act.
765 ILCS 740/ - Tenant Utility Payment Disclosure Act.
765 ILCS 742/ - Residential Tenants' Right to Repair Act.
765 ILCS 745/ - Mobile Home Landlord and Tenant Rights Act.
765 ILCS 750/ - Safe Homes Act.
765 ILCS 755/ - Immigrant Tenant Protection Act.
765 ILCS 805/ - Conveyance of Burial Places to County Act.
765 ILCS 810/ - Cemetery Company Land Not Used for Burial Act.
765 ILCS 815/ - Cemetery Association Land Not Used for Burial Act.
765 ILCS 820/ - Cemetery Land Ownership and Transfer Act.
765 ILCS 825/ - City Sale or Lease of Land for Cemeteries Act.
765 ILCS 830/ - Cemetery Removal Act.
765 ILCS 835/ - Cemetery Protection Act.
765 ILCS 910/ - Mortgage Escrow Account Act.
765 ILCS 915/ - Mortgage Tax Escrow Act.
765 ILCS 920/ - Mortgage Payment Statement Act.
765 ILCS 925/ - Notice of Prepayment of Federally Subsidized Mortgage Act.
765 ILCS 930/ - Mortgage Insurance Limitation and Notification Act.
765 ILCS 935/ - Mortgage Certificate of Release Act.
765 ILCS 940/ - Mortgage Rescue Fraud Act.
765 ILCS 945/ - Reverse Mortgage Act.
765 ILCS 1005/ - Joint Tenancy Act.
765 ILCS 1010/ - Electricity and Gas Joint Ownership Act.
765 ILCS 1015/ - Bailment Insurance Act.
765 ILCS 1020/ - Estrays and Lost Property Act.
765 ILCS 1026/ - Revised Uniform Unclaimed Property Act.
765 ILCS 1030/ - Law Enforcement Disposition of Property Act.
765 ILCS 1033/ - Museum Disposition of Property Act.
765 ILCS 1036/ - Trademark Registration and Protection Act.
765 ILCS 1040/ - Counterfeit Trademark Act.
765 ILCS 1045/ - Industrial and Linen Supplies Marking Law.
765 ILCS 1050/ - Registered Container Trade Mark Act.
765 ILCS 1053/ - Dies and Molds Ownership Transfer Act of 1997.
765 ILCS 1055/ - Plastics Dies and Molds Ownership Transfer Act.
765 ILCS 1060/ - Employee Patent Act.
765 ILCS 1065/ - Illinois Trade Secrets Act.
765 ILCS 1070/ - Unsealed Instrument Validation Act.
765 ILCS 1075/ - Right of Publicity Act.
765 ILCS 1080/ - Park District and Public Utility Liability Act.