Environmental Land Use Restrictions

 An Environmental Land Use Restriction (ELUR) is a type of Environmental Use Restriction (EUR) that complies with the requirements of section 22a-133o of the Connecticut General Statutes, section 22a-133q of the Regulations of Connecticut State Agencies, and the RSRs. An ELUR is an easement granted to the Commissioner by the property owner and 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
  1.  preventing the use of specified real property for certain purposes, or
  2.  prohibiting or requiring certain activities on such property.

ELUR Forms Prescribed by the Commissioner

EUR Fee Transmittal Form (February 2023) - Complete this form and submit to DEEP CPPU with the required fee.
  • Commissioner Approved ELUR - $5,000.00
  • LEP Approved ELUR 133y Commissioner approval of subordination waiver(s) - $2,500.00

EUR Submittal Form (December 2021) - documents the construction of an EUR from draft to recordation on the land records. The Electronic Transmittal Form is embedded as the first page of the EUR Submittal Form to allow it to be uploaded in Word. The EUR Submittal Form houses the documents listed below, as applicable (see Instructions to Embed Documents)


The ELUR must be submitted in Word.  Upload to the Connecticut Secure File Transfer  website per the instructions on Transmittal of Documents.


Affirmative LEP Statement for 133y (December 2021)


Declaration of Environmental Land Use Restriction and Grant of Easement and Exhibit A: Parcel Description (Metes and Bounds) (August 2021)


Exhibit B: EUR Opinion Overview Form Certification (November 2021)

Exhibit B: EUR Opinion Overview (November 2021)


Exhibit B: EUR Opinions

Exhibit B: EUR Supplemental Information (SI) - An EUR SI must be provided for each corresponding EUR Opinion listed above (as applicable).  Note: The SI are not recorded on the land records.

EUR Factsheet (February 2022) - Unlocked template to describe the Environmental Use Restrictions to be:

  • conspicuously posted at the site and/or
  • in the possession of the maintenance/operation person

Table 1 - ELUR - Title Report: Review and Evaluation of Recorded Interests

Certification of Agreement to Subordinate (August 2021)

 

Table 2 - Title Report: Survey Analysis and Preliminary Property Owner Affidavit Analysis (June 2022)

EUR Preliminary Parcel Owner Affidavit (February 2022)

Attorney Statement of Compliance for 133y (February 2022)

ELUR Parcel Owner Affidavit (February 2022)


Instructions to Embed Documents
  1. Select Insert on the Toolbar
  2. In the Text group click the dropdown arrow for Object and select Object.
  3. The Object dialog box will appear.Select Create from File.
  4. Choose Browse and select the file to embed (saved as PDF, Word, or JPEG).
  5. Click Display as Icon.
  6. Click OK

 diagram showing how to embed a document into a Word document


 

Environmental Use Restrictions

Content last updated on February 15, 2023