{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/10.1-1238.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/10.1-1238.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/10.1-1238.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/10.1-1238.html"}],"law_id":345560,"edition_id":2,"section_id":345560,"structure_id":49624,"section_number":"10.1-1238","catch_line":"Definitions","history":"2010, c. 691.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\n\t\t“Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.\n\n\t\t“Agency” means the Department of Environmental Quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.\n\n\t\t“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 maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.\n\n\t\t“Department” means the Department of Environmental Quality.\n\n\t\t“Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.\n\n\t\t“Environmental response project” means a plan or work performed for environmental remediation of real property and conducted:\n\n1\n\nUnder a federal or state program governing environmental remediation of real property;\n\n2\n\nIncident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or\n\n3\n\nUnder a state voluntary clean-up program including the Brownfield Restoration and Land Renewal Act (§ 10.1-1230 et seq.).\n\t\t\t“Holder” means the grantee of an environmental covenant as specified in subsection A of § 10.1-1239.\n\n\t\t\t“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.\n\n\t\t\t“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.\n\n\t\t\t“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.\n\n","order_by":null,"text":{"0":{"id":1288275,"text":"As used in this chapter, unless the context requires a different meaning:\t\t“Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.\t\t“Agency” means the Department of Environmental Quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.\t\t“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 maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.\t\t“Department” means the Department of Environmental Quality.\t\t“Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.\t\t“Environmental response project” means a plan or work performed for environmental remediation of real property and conducted:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1288276,"text":"Under a federal or state program governing environmental remediation of real property;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1288277,"text":"Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1288278,"text":"Under a state voluntary clean-up program including the Brownfield Restoration and Land Renewal Act (§ 10.1-1230 et seq.).\n\t\t\t“Holder” means the grantee of an environmental covenant as specified in subsection A of § 10.1-1239.\t\t\t“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.\t\t\t“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.\t\t\t“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":49624,"edition_id":2,"name":"Uniform Environmental Covenants Act","identifier":"12.2","label":"chapter","depth":3,"order_by":6,"parent_id":49595,"metadata":{"child_laws":13,"child_structures":0},"date_created":"2026-08-02 02:12:28","date_modified":"2026-08-02 12:28:54","permalink":{"id":1372599,"object_type":"structure","relational_id":49624,"identifier":"12.2","token":"10.1\/II\/12.2","url":"\/10.1\/II\/12.2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49595,"edition_id":2,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":49584,"metadata":{"child_laws":483,"child_structures":70},"date_created":"2026-08-02 02:12:05","date_modified":"2026-08-02 12:28:51","permalink":{"id":1371835,"object_type":"structure","relational_id":49595,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49584,"edition_id":2,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":38,"parent_id":null,"metadata":{"child_laws":886,"child_structures":125},"date_created":"2026-08-02 02:11:52","date_modified":"2026-08-02 12:28:44","permalink":{"id":1370315,"object_type":"structure","relational_id":49584,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":345560,"structure_id":49624,"section_number":"10.1-1238","catch_line":"Definitions","url":"\/10.1-1238\/","token":"10.1\/II\/12.2\/10.1-1238","metadata":false},{"id":345561,"structure_id":49624,"section_number":"10.1-1239","catch_line":"Nature of rights; subordination of interests","url":"\/10.1-1239\/","token":"10.1\/II\/12.2\/10.1-1239","metadata":false},{"id":345562,"structure_id":49624,"section_number":"10.1-1240","catch_line":"Contents of environmental covenant","url":"\/10.1-1240\/","token":"10.1\/II\/12.2\/10.1-1240","metadata":false},{"id":345563,"structure_id":49624,"section_number":"10.1-1241","catch_line":"Effect on other instruments; validity","url":"\/10.1-1241\/","token":"10.1\/II\/12.2\/10.1-1241","metadata":false},{"id":345564,"structure_id":49624,"section_number":"10.1-1242","catch_line":"Relationship to other land use law","url":"\/10.1-1242\/","token":"10.1\/II\/12.2\/10.1-1242","metadata":false},{"id":345565,"structure_id":49624,"section_number":"10.1-1243","catch_line":"Notice","url":"\/10.1-1243\/","token":"10.1\/II\/12.2\/10.1-1243","metadata":false},{"id":345566,"structure_id":49624,"section_number":"10.1-1244","catch_line":"Recording","url":"\/10.1-1244\/","token":"10.1\/II\/12.2\/10.1-1244","metadata":false},{"id":345567,"structure_id":49624,"section_number":"10.1-1245","catch_line":"Duration; amendment by court action","url":"\/10.1-1245\/","token":"10.1\/II\/12.2\/10.1-1245","metadata":false},{"id":345568,"structure_id":49624,"section_number":"10.1-1246","catch_line":"Amendment or termination by consent","url":"\/10.1-1246\/","token":"10.1\/II\/12.2\/10.1-1246","metadata":false},{"id":345569,"structure_id":49624,"section_number":"10.1-1247","catch_line":"Enforcement of environmental covenant","url":"\/10.1-1247\/","token":"10.1\/II\/12.2\/10.1-1247","metadata":false},{"id":345570,"structure_id":49624,"section_number":"10.1-1248","catch_line":"Fees; Environmental Covenants Fund established","url":"\/10.1-1248\/","token":"10.1\/II\/12.2\/10.1-1248","metadata":false},{"id":345571,"structure_id":49624,"section_number":"10.1-1249","catch_line":"Relation to Electronic Signatures in Global and National Commerce Act","url":"\/10.1-1249\/","token":"10.1\/II\/12.2\/10.1-1249","metadata":false},{"id":345572,"structure_id":49624,"section_number":"10.1-1250","catch_line":"Regulations","url":"\/10.1-1250\/","token":"10.1\/II\/12.2\/10.1-1250","metadata":false}],"next_section":{"id":345561,"structure_id":49624,"section_number":"10.1-1239","catch_line":"Nature of rights; subordination of interests","url":"\/10.1-1239\/","token":"10.1\/II\/12.2\/10.1-1239","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1238\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 691<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":345562,"section_number":"10.1-1240","catch_line":"Contents of environmental covenant","order_by":null,"url":"\/10.1-1240\/"}],"refers_to":[{"id":345552,"section_number":"10.1-1230","catch_line":"Definitions","order_by":null,"url":"\/10.1-1230\/"},{"id":345561,"section_number":"10.1-1239","catch_line":"Nature of rights; subordination of interests","order_by":null,"url":"\/10.1-1239\/"}],"permalink":{"id":1372601,"object_type":"law","relational_id":345560,"identifier":"10.1-1238","token":"10.1\/II\/12.2\/10.1-1238","url":"\/10.1-1238\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/10.1-1238\/","token":"10.1\/II\/12.2\/10.1-1238","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1238","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:

\t\t“Activity and use limitations<\/span>” means restrictions or obligations created under this chapter with respect to real property.

\t\t“Agency<\/span>” means the Department<\/span> of Environmental Quality or any other state<\/span> or federal agency<\/span> that determines or approves the environmental response project<\/span> pursuant to which the environmental covenant<\/span> is created.

\t\t“Common interest community<\/span>” means a condominium, cooperative, or other real property with respect to which a person<\/span>, by virtue of the person<\/span>’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community<\/span>.

\t\t“Department<\/span>” means the Department<\/span> of Environmental Quality.

\t\t“Environmental covenant<\/span>” means a servitude arising under an environmental response project<\/span> that imposes activity and use limitations<\/span>.

\t\t“Environmental response project<\/span>” means a plan or work performed for environmental remediation of real property and conducted:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Under a federal or state<\/span> program governing environmental remediation of real property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Under a state<\/span> voluntary clean-up program including the Brownfield Restoration and Land Renewal Act (§ 10.1-1230<\/a> et seq.).\n\t\t\t“Holder<\/span>” means the grantee of an environmental covenant<\/span> as specified in subsection A of § 10.1-1239<\/a>.

\t\t\t“Person<\/span>” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency<\/span> or instrumentality, or any other legal or commercial entity.

\t\t\t“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.

\t\t\t“State<\/span>” means a state<\/span> of the United States<\/span>, the District of Columbia, Puerto Rico, the United States<\/span> Virgin Islands, or any territory or insular possession<\/span> subject to the jurisdiction<\/span> of the United States<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 10.1-1238)\n\nAs used in this chapter, unless the context requires a different\nmeaning:\t\t“Activity and use limitations” means restrictions or\nobligations created under this chapter with respect to real\nproperty.\t\t“Agency” means the Department of Environmental Quality or\nany other state or federal agency that determines or approves the environmental\nresponse project pursuant to which the environmental covenant is\ncreated.\t\t“Common interest community” means a condominium,\ncooperative, or other real property with respect to which a person, by virtue of\nthe person’s ownership of a parcel of real property, is obligated to pay\nproperty taxes or insurance premiums, for maintenance or improvement of other\nreal property described in a recorded covenant that creates the common interest\ncommunity.\t\t“Department” means the Department of Environmental\nQuality.\t\t“Environmental covenant” means a servitude arising under\nan environmental response project that imposes activity and use\nlimitations.\t\t“Environmental response project” means a plan or work\nperformed for environmental remediation of real property and conducted:\n\n1. Under a federal or state program governing environmental remediation of real\nproperty;\n\n2. Incident to closure of a solid or hazardous waste management unit, if the\nclosure is conducted with approval of an agency; or\n\n3. Under a state voluntary clean-up program including the Brownfield Restoration\nand Land Renewal Act (§ 10.1-1230 et seq.).\n\t\t\t“Holder” means the grantee of an environmental covenant as\nspecified in subsection A of § 10.1-1239.\t\t\t“Person” means an\nindividual, corporation, business trust, estate, trust, partnership, limited\nliability company, association, joint venture, public corporation, government,\ngovernmental subdivision, agency or instrumentality, or any other legal or\ncommercial entity.\t\t\t“Record,” used as a noun, means information\nthat is inscribed on a tangible medium or that is stored in an electronic or\nother medium and is retrievable in perceivable form.\t\t\t“State” means\na state of the United States, the District of Columbia, Puerto Rico, the United\nStates Virgin Islands, or any territory or insular possession subject to the\njurisdiction of the United States.\n\nHISTORY: 2010, c. 691.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}