19-10-104 - Requirements for creation of institutional control.
19-10-104. Requirements for creation of institutional control.
An environmental institutional control shall:
(1) be in writing and shall be recorded by the owner of the real property in the countyrecorder's office in the county where the real property is located;
(2) contain a legal description of the area of the real property that is subject to theinstitutional control;
(3) include a statement documenting any requirements for maintenance of theinstitutional control, including a description of the institutional control and the reason it mustremain in place to protect the public health, safety, or welfare, or the environment;
(4) include a statement that the institutional control runs with the land and is binding onall successors in interest unless or until the institutional control is removed as provided inSection 19-10-105;
(5) include a statement acknowledging the department's right of access to the property atall reasonable times to verify that the institutional controls are being maintained;
(6) include a statement explaining how the institutional control can be modified orterminated and stating that if any person desires to cancel or modify the institutional control inthe future, the person must obtain prior written approval from the executive director pursuant tothis chapter;
(7) include a notarized signature of the executive director indicating approval of theenvironmental institutional control; and
(8) include the notarized signature of the property owner indicating approval of theenvironmental institutional control.
Enacted by Chapter 44, 2003 General Session