What is the Uniform Environmental Covenants Act (UECA)?
The Uniform Environmental Covenants Act is the statutory requirement for when and how the State places activity and use limitations on contaminated property
to ensure the protection of human health, safety, and welfare, and the environment. These restrictions can be placed on the land through two different mechanisms,
an environmental covenant or notice of activity and use limitations (NAUL). With either mechanism, the use restrictions are recorded for public record and remain
in place with any change of ownership. Use of NAUL is limited to when there is a legal impediment that prevents an environmental covenant, as determined by the
Alaska Department of Environmental Conservation.
UECA Implementation Fact Sheet
PDF
Frequently Asked Questions
DEC is the state agency charged with enforcing environmental laws and regulations affecting all land in Alaska, whether private or public.
DNR is a state agency that manages a large portion of the state's land, and uses of that land. When DEC approves an environmental response project
for a contaminated site on DNR managed land that would result in residual contamination remaining at levels not safe for all uses, the responsible party (RP)
must also receive DNR approval for any physical implementation of the response project, and the proposed activity and use limitations.
- DEC determines when an environmental covenant or NAUL is required.
-
Under AS 46.04.300(a):
-
An environmental covenant is required if DEC makes a remedial decision as part of an environmental response project,
and that environmental response project results in [either]
- residual contamination remaining in the environment in concentrations that are safe for some but not all uses; or
- an engineered feature or structure that requires monitoring, maintenance, or operation or that will not function as intended if disturbed.
How to apply for a restricted use authorization
1
Complete and sign this form
2
Provide with the application
-
Site Use Plan
- Narrative describing activities specific to your request
- Site diagram
- Draft Environmental Covenant
Reach out to the ADEC Project Manager you are working with to obtain the covenant template.
3
Submit your Application
Send the application form and supporting materials to SAIL. If you have questions while completing
these forms or regarding any of the information, please contact SAIL.
Timeline and Process
1
Agency Review
SAIL will distribute the request for state government agencies to review and comment.
Comments must typically be submitted within thirty (30) days of the agency notice being issued.
2
Preliminary Decision
This document describes why consenting to the environmental covenant or notice of activity and
use limitation (NAUL), and any associated land use activities for implementation of the
environmental response project, is or is not in the State's interest. It details any changes
that are required and why, as well as additional requirements before the restricted use
authorization is issued. The application may be denied if it is determined that the proposed
activity is not in the State's interest.
3
Public Notice
Members of the public will have the opportunity to comment on the requested restricted use
authorization and preliminary decision. SAIL will notice the opportunity for public comment
via the Alaska Public Notice website. Comments must typically be submitted within thirty (30) days
of the public notice being issued.
4
Final Decision and Reconsideration Period
The final decision addresses any comments received during the public notice period and asserts
whether the decision changes in response to those comments, or not. Eligible parties may appeal or
request reconsideration of the final decision.
5
Insurance & Bonding
Depending on the activity, the applicant may be required to submit proof of insurance before the
authorization is issued. In addition, a performance guaranty (bond) may also be required before the
authorization is issued. Any specific requirements will be outlined in the decision.
6
Issuance
If the decision stands, DNR proceeds with executing the restricted use authorization for any remaining
environmental response activities. If there are no remaining response activities, proceed straight to
environmental covenant or NAUL execution. SAIL and ADEC work together to sign and record the
environmental covenant or NAUL at the DNR Recorder's Office.
