As used in this chapter, unless the context otherwise requires:
 1. “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. “Activity and use limitations” may include, but is not limited to, restrictions on installation of water wells and other exposure receptors, construction of surface and subsurface structures, disturbance of and maintenance of soil caps and technological controls, and land use classifications such as residential, nonresidential, or industrial.

Terms Used In Iowa Code 455I.2

  • Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Iowa Code 455I.2
  • Agency: means the department of natural resources created by section 455A. See Iowa Code 455I.2
  • 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 for, or for maintenance or improvement of, other real property described in a recorded covenant that creates the common interest community. See Iowa Code 455I.2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of natural resources. See Iowa Code 462A.2
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations or the written document creating such servitude. See Iowa Code 455I.2
  • Environmental response project: means a plan or work performed for environmental remediation or flood control affecting real property and conducted under or by one of the following:
     a. See Iowa Code 455I.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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. See Iowa Code 455I.2
  • property: includes personal and real property. See Iowa Code 4.1
  • real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
 2. “Agency” means the department of natural resources created by section 455A.2 or any other state department or federal agency that determines or approves the environmental response project pursuant to which an environmental covenant is created.
 3. “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 for, or for maintenance or improvement of, other real property described in a recorded covenant that creates the common interest community.
 4. “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations or the written document creating such servitude.
 5. “Environmental response project” means a plan or work performed for environmental remediation or flood control affecting real property and conducted under or by one of the following:

 a. A federal or state program that is subject to the jurisdiction of an agency, including but not limited to programs established by chapters 455B and 455G, corrective or response actions pursuant to 42 U.S.C. § 6901 et seq., and remedial actions under 42 U.S.C. § 9601 et seq.
 b. A federal or state program for the replacement or protection of ecological features including wetlands.
 c. A state voluntary cleanup program authorized in chapter 455H.
 d. An incident to a closure conducted with approval of an agency of a solid or hazardous waste management unit, a sanitary disposal project, or an underground storage tank.
 6. “Grantor” means any person with sufficient fee title or other property ownership interests necessary to create a valid environmental covenant under Iowa law.
 7. “Holder” means the grantee of an environmental covenant as specified in section 455I.3, subsection 1.
 8. “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.
 9. “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.
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