Sec. 193.5. “Restrictive covenant” means, with respect to land, any deed restriction, restrictive covenant, environmental covenant, environmental notice, or other restriction or obligation that:

(1) is executed before July 1, 2009, and:

(A) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment;

(B) by its terms is intended to run with the land and be binding on successors;

(C) is recorded with the county recorder’s office in the county in which the land is located; and

(D) explains how it can be modified or terminated; or

(2) is executed after June 30, 2009, and:

(A) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment;

(B) by its terms is intended to run with the land and be binding on successors;

(C) is recorded with the county recorder’s office in the county in which the land is located;

(D) explains how it can be modified or terminated;

(E) grants the department access to the land;

(F) requires notice to a transferee of:

(i) the land; or

(ii) an interest in the land;

of the existence of the restrictive covenant; and

(G) identifies the means by which the environmental files at the department that apply to the land can be located.

As added by P.L.61-2001, SEC.2. Amended by P.L.18-2008, SEC.1; P.L.78-2009, SEC.8.