The legislature passed the "Uniform Environmental Covenants Act" (UECA), 2005 Iowa Acts, S.F. 375 which took effect July 1, 2005. A version of the bill can be found at
Iowa UECA.
This legislation creates a new real estate instrument called an environmental covenant which will be required in lieu of the "restrictive covenant" instrument which has been used in the Leaking Underground Storage Tanks (LUST) program (see chapter 567 Iowa Administrative Code (I.A.C.) 135). It also replaces the "environmental easement" used in the Land Recycling Program (LRP) (see chapter 567 I.A.C. 137). The Department previously informed the regulated community that it would not approve restrictive covenants under the LUST program or environmental easements under the LRP in the existing format under current administrative rules and guidance after July 1, 2005.
For further questions regarding Department requirements for submittal and approval of environmental covenants contact Kelli Book, Attorney, Iowa Department of Natural Resources, at 515-210-3408 or
Kelli.Book@dnr.iowa.gov