DEEP: Environmental Land Use Restrictions

Environmental Land Use Restrictions
 
 
An Environmental Land Use Restriction (ELUR) is an easement granted to the Commissioner of DEEP by the property owner that is recorded on the municipal land records.  The purpose of an ELUR is to minimize the risk of human exposure to pollutants and hazards to the environment by preventing specific uses or activities at a property or a portion of a property.  An ELUR is a tool that permits the remedial goals for a property to be dependent on the exposure risk associated with its use. 
 
The revisions to the ELUR Regulations, section 22a-133q-1 of the Regulations of Connecticut State Agencies, as revised on June 27, 2013 (amended ELUR Regulations) included a revised template for the Declaration of ELUR.  To support the June 27, 2013 revisions and to improve ELUR preparation and processing stemming from a LEAN Team "Kaizen", the Department has updated the Declaration Document template and finalized a new ELUR application and associated instructions.
 
ELUR Map
 
 
Map Definitions:
“Complete” (green): ELUR approved by Commissioner, ELUR recorded on the municipal land records, and Certificate of Title on file at DEEP.
“Not Complete” (red): ELUR approved by Commissioner, ELUR may or may not be recorded on the municipal land records, and Certificate of Title not found on file at DEEP.  In order for the conditions of an ELUR to be in force the ELUR must be approved and recorded on the land records.
 
Advisory Notice: Search of the municipal land records should be conducted to confirm that an ELUR is recorded and in force.  DEEP does not guarantee that this information is complete and/or free from erroneous entries.  This information is updated periodically and may not represent data currently available.
 
For access to the complete file, please contact the ELUR Coordinator at DEEP.ELUR@ct.gov or (860) 424-3705.

Submitting an ELUR Application

Complete the ELUR Application Form (Word/PDF) (“Application”) using the Instructions and Guidance.  The Application and Instructions and Guidance document reflect the amended ELUR Regulations. The Application is specific to ELUR applications that will be reviewed and approved by the Commissioner. 

For ELURs prepared pursuant to section 22a-133y of the Connecticut General Statutes, which will be approved by a Licensed Environmental Professional (LEP), please contact the ELUR Coordinator at DEEP.ELUR@ct.gov for further information.
 
DEEP requests that Applications be submitted electronically by one of the following methods:
  1. E-mail as an attachment to DEEP.ELUR@ct.gov (a follow-up e-mail will be sent promptly to confirm receipt of the Application); or
  2. If undeliverable via e-mail (indicating e-mail server attachment size is exceeded), upload the Application to your business transfer system (if available), or other preferred file sharing website, and send a share invitation to DEEP.ELUR@ct.gov
Tips and Important ELUR Application Information
  • The Application can be completed in Microsoft Word® and submitted electronically to DEEP.
  • ELUR and A-2 Survey Checklists are provided for guidance but are not required to be submitted with the application.
  • Include copies of land records only for interests for which a waiver from a subordination agreement is required.
  • The Application includes all regulatory language and possible scenarios. Decision Document Restriction Forms that are not applicable should be checked “NA” on the Section cover page.
  • Navigate directly to applicable Sections by using links in the Application Contents.
  • Once entered, basic property and property owner information will auto-populate within the document.  Note: Click-on print preview icon to update and view.
  • As directed, supporting documents should be embedded into the Application electronically. Copy and Paste will not work. To embed a document, click on
    INSERT > OBJECT > CREATE FROM FILE > DISPLAY AS ICON.
    Clicking on the icon will open the file in its program of origin. 
  • Evaluate interests in the property early in the process to avoid conflict or delays.  Use the tables (unlocked) to evaluate interests and potential interests to determine if subordination agreements or waivers are needed.  
  • DEEP will consolidate and send only the documents that comprise the final ELUR to the property owner for signature.  Not all pages of the application will be recorded.
 
Available Resources for the ELUR Application
 
A copy of each of the following forms is included in the ELUR Application (Word/PDF/Instructions), but in some cases more than one copy may be needed. The following forms are provided for use as directed in the ELUR Application when deemed necessary:
  1. Property Owner Affidavit Form 
  2. Property Owner Certification Form (Word/PDF)
  3. Preparer Certification for all Sections (except Section F) Form (Word/PDF)
  4. Preparer Certification for Section F Form (Word/PDF)
  5. Optional Statement by Licensed Environmental Professional Form (Word/PDF)
  6. Residential Activity Restriction Soil Form (Word/PDF)
  7. Residential Activity Restriction Soil PCBs Form (Word/PDF)
  8. Exposure of Inaccessible Soil Restriction Form (Word/PDF)
  9. Exposure of Environmentally Isolated Soil to Infiltration of Water Restriction Form (Word/PDF)
  10. Disturbance of Engineered Control and Polluted Soil Restriction Form (Word/PDF)
  11. Residential Activity Restriction Groundwater Form (Word/PDF)
  12. Residential Activity Restriction Soil Vapor Form (Word/PDF)
  13. Building Construction Restriction Form (Word/PDF)
  14. Groundwater Use Restriction Form (Word/PDF)
Emergency Suspension of ELURs
 
In the event of an emergency that presents a significant risk to human health or the environment, an ELUR may be suspended, provided such risk cannot be abated without suspending the ELUR, if the owner immediately notifies DEEP of the emergency and follows the other requirements of paragraph 4 of the Declaration of ELUR presented in section 22a-133q-1, Appendix A.  An ELUR emergency typically involves the disturbance of contaminated soil to repair utilities when the ELUR prohibits disturbance of soil.
 
The emergency suspension of ELURs should be reported to the Remediation Division analyst of the day at 860-424-3705 with an email sent to DEEP.ELUR@ct.gov
 
Reporting Environmental Emergencies and Spills
 
The emergency suspension of an ELUR may or may not involve environmental emergencies or a spill.  Refer to DEEP's webpage Emergency Response and Spill Prevention for information regarding environmental emergencies and spills.  An environmental emergency is a situation that poses an immediate threat to public health or the environment resulting from the release or potential release of oil, hazardous chemicals or radioactive materials into the air, land, or water.
IMPORTANT - Environmental emergencies and spills must be reported to DEEP Emergency Dispatch Center at 860-424-3338 or Toll Free at 1-866-377-4475.
ELUR Program Improvements

If at any time you experience problems with the electronic version of the Application, please contact the ELUR Coordinator at DEEP.ELUR@ct.gov for assistance.

To receive information regarding updates to the Remediation Division webpages, sign up for a Remediation Division E-Alert.

 
 
Content Last Updated July 19, 2017