C.R.S. Section 25-15-321.5
Notice of environmental use restrictions

  • creation, modification, and termination

(1)

A person who proposes to create, modify, or terminate a restrictive notice shall provide written notice of the person’s intention to all persons holding an interest of record in the real property that will be subject to the restrictive notice, to all persons known to the person to have an unrecorded interest in the property, and to all affected persons in possession of the property prior to such creation, modification, or termination and shall provide the department with:

(a)

A copy of the notice provided;

(b)

A list of the persons to whom notice was given and the address or other location to which the notice was directed; and

(c)

Such title information as the department may require.

(2)

Before issuing a notice of environmental use restrictions unilaterally, the department shall provide a copy of the proposed restrictive notice to all persons holding an interest of record in the real property that will be subject to the restrictive notice, all persons known to the department to have an unrecorded interest in such property, and all affected persons in possession of such property, and shall offer such persons a minimum of thirty days to comment on the proposed restrictive notice, unless notice has already been provided pursuant to subsection (1) of this section. In determining whether to issue the restrictive notice unilaterally, the department shall consider any comments received.

(3)

The department shall review and make a determination regarding all requests to create, modify, or terminate a restrictive notice within sixty days after receipt of such request, including the information described in subsection (1) of this section.

(4)

Upon issuance or approval of the restrictive notice, the department shall record the restrictive notice in the clerk and recorder’s office for the county or counties in which the affected land is situated. For approved restrictive notices, the department may allow the owner of the property to record the notice. No person may record a restrictive notice that does not have the department’s written approval.

(5)

The department may authorize any notice of environmental use restrictions created in accordance with this section to be replaced by an environmental covenant as described in section 25-15-319. The department may condition its authorization and approval of the termination of the notice of environmental use restrictions on the prior creation, department approval and acceptance, and effective recording of the environmental covenant.

(6)

Modifications or terminations of restrictive notices shall be recorded as provided in subsection (4) of this section. No person may record a modification or termination of a restrictive notice that does not have the department’s written approval.

(7)

Any determination by the department to issue, approve, modify, or terminate a notice of environmental use restrictions shall be subject to appeal in accordance with section 25-15-305.

Source: Section 25-15-321.5 — Notice of environmental use restrictions - creation, modification, and termination, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑15‑101
Definitions 25‑15‑102
Effective dates 25‑15‑103
Technical assistance 25‑15‑104
Disposal service 25‑15‑200.1
Short title 25‑15‑200.2
Legislative declaration 25‑15‑200.3
Definitions 25‑15‑201
Certificate required - disposal prohibited - exceptions 25‑15‑202
Application for certificate - review by department and Colorado geological survey - hearing 25‑15‑203
Grounds for approval 25‑15‑204
Certificate 25‑15‑205
Permit required for operation - burial of liquids prohibited 25‑15‑206
Substantial change in ownership, design, or operation 25‑15‑206.5
Revocation or suspension of certificate 25‑15‑207
Judicial review 25‑15‑208
Commission to promulgate rules and regulations - limitations 25‑15‑209
Inventory required 25‑15‑209.5
Inspection required 25‑15‑209.6
Performance audits 25‑15‑210
Sites deemed public nuisance - when 25‑15‑211
Violation - criminal penalty 25‑15‑212
Violation - civil penalty - reimbursement of costs 25‑15‑213
County or municipal hazardous waste disposal site fund - tax - fees 25‑15‑214
Hazardous waste disposal site fund - fees 25‑15‑215
Contracts with governmental units authorized 25‑15‑216
Colorado geological survey to designate optimally suitable areas 25‑15‑219
Department to study need for disposal sites and feasibility of alternative technologies 25‑15‑301
Powers and duties of department 25‑15‑301.5
Additional powers of department - legislative declaration - report 25‑15‑302
Solid and hazardous waste commission - creation - membership - rules - fees - administration - definitions 25‑15‑303
Requirements for hazardous waste treatment, storage, and disposal sites and facilities - permits 25‑15‑304
Hazardous waste service fund created 25‑15‑305
Judicial review 25‑15‑306
Local control of facilities - authorization by department - allocation of fees 25‑15‑307
Coordination with other programs 25‑15‑308
Prohibited acts - enforcement 25‑15‑309
Administrative and civil penalties 25‑15‑310
Criminal offenses - penalties 25‑15‑311
Disposition of fines and penalties 25‑15‑313
Right to claim reimbursement 25‑15‑314
Solid and hazardous waste commission funding 25‑15‑315
Solid and hazardous waste commission fund - creation 25‑15‑316
Prior acts validated and rules continued 25‑15‑317
Legislative declaration 25‑15‑318
Nature of environmental covenants 25‑15‑318.5
Nature of a notice of environmental use restrictions 25‑15‑319
Contents of environmental covenants and notices of environmental use restrictions 25‑15‑320
Environmental covenants - when required - waiver 25‑15‑321
Creation, modification, and termination of an environmental covenant 25‑15‑321.5
Notice of environmental use restrictions - creation, modification, and termination 25‑15‑322
Enforcement - remedies 25‑15‑323
Registry of environmental covenants and notices of environmental use restrictions 25‑15‑324
Coordination with affected local governments 25‑15‑325
Other interests not impaired 25‑15‑326
Validation 25‑15‑327
Applicability 25‑15‑328
Household medication take-back program - creation - collection and disposal of medication injection devices - liability - definitions - cash fund - rules 25‑15‑401
Legislative declaration 25‑15‑402
Infectious waste - definitions 25‑15‑402.5
Disposition of fetal tissue 25‑15‑403
Generator management plan 25‑15‑404
On-site disinfection 25‑15‑405
Appropriate treatment and disposal - nonliability 25‑15‑406
Penalty 25‑15‑407
Presumption of noninfectiousness 25‑15‑501
Short title 25‑15‑502
Definitions 25‑15‑503
Certificate required - incineration or processing of hazardous waste prohibited - exceptions 25‑15‑504
Application for certificate - review by governing body 25‑15‑505
Grounds for approval 25‑15‑506
Certificate 25‑15‑507
Substantial change in ownership, design, or operation 25‑15‑508
Revocation or suspension of certificate 25‑15‑509
Judicial review 25‑15‑510
Rules - limitations 25‑15‑511
List of hazardous wastes - final inventory 25‑15‑512
Inspections of hazardous waste incinerator or processor sites 25‑15‑513
Violation - criminal penalty 25‑15‑514
Violation - civil penalty - reimbursement of costs 25‑15‑515
Annual fees - commercial hazardous waste incinerator or processor funds 25‑15‑601
Short title 25‑15‑602
Legislative declaration 25‑15‑603
Definitions - repeal 25‑15‑604
Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals - product label requirements for cookware
Green check means up to date. Up to date

Current through Fall 2024

§ 25-15-321.5’s source at colorado​.gov