The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer.
Land or Resource Use Restrictions
Land or Resource Use Restrictions
The Natural Resources and Environmental Protection Act, Public Act 451 of 1994, regulates sites of environmental contamination in Michigan. This law includes many “Parts” related to protecting human health and managing contaminated sites. The Remediation and Redevelopment Division administers two of these parts (or programs): Part 201, Environmental Remediation (Part 201) and Part 213, Leaking Underground Storage Tanks (Part 213).
Michigan’s environmental remediation program authorizes EGLE to set cleanup standards by considering how the contaminated land will be used in the future. Michigan’s cleanup standards are risk-based and reflect the potential for human health or ecological risks from exposure to hazardous or regulated substances at contaminated sites. A person may use land use or resource use restrictions, as outlined in Part 201 and Part 213, to manage risk by reducing or restricting exposure to environmental contamination left in-place at a property.
This web page provides a description and example model templates for many land use or resource use restrictions available for use under Part 201 and Part 213.
EGLE has established an Institutional Controls Technical and Program Support (TAPS) Team to provide guidance, recommendations, and develop statewide reference documents related to land use or resource use restrictions.
A Restrictive Covenant is a legal document that is signed by a property owner and is recorded with the register of deeds to impose activity or use limitations at a property that reduce or restrict exposure to environmental contamination left in-place. Please note, the Part 201 and Part 213 Restrictive Covenant models may not be appropriate to use for other EGLE-administered programs.
- Part 201 Model - EQP4508 - Declaration of Restrictive Covenant Part 201 (May 2022) (Word Document)
- Part 201 Model - EQP4508 - Declaration of Restrictive Covenant Part 201 (May 2022) (PDF)
- Part 213 Model - EQP3854 - Declaration of Restrictive Covenant Part 213 (May 2022) (Word Document)
- Part 213 Model - EQP3854 - Declaration of Restrictive Covenant Part 213 (May 2022) (PDF)
Notice of Aesthetic Impact
A Notice of Aesthetic Impact is a legal document that is signed by a property owner and is recorded with the register of deeds to provide notice when the remaining environmental contamination at a property creates an aesthetic impact such as adverse taste or odor
- Part 201 Model - EQP3900 - Notice of Aesthetic Impact Part 201 (April 2020) (Microsoft Word)
- Part 201 Model - EQP3900 - Notice of Aesthetic Impact Part 201 (April 2020) (PDF)
- Part 213 Model - EQP3887 - Notice of Aesthetic Impact Part 213 (April 2020) (Microsoft Word)
- Part 213 Model - EQP3887 - Notice of Aesthetic Impact Part 213 (April 2020) (PDF)
Part 213 Notice of Corrective Action
A Notice of Corrective Action is a legal document that is signed by a property owner and is recorded with the register of deeds to impose only a nonresidential land use limitation at a property.
Local Public Highway and MDOT License Agreement
Public Highway Institutional Control (Part 201 or Part 213)
A Public Highway Institutional Control may be used when an owner or operator determines that environmental contamination left in place within a public highway, owned or controlled by a county road commission or local unit of government, may be controlled in a manner that protects against exposure to hazardous or regulated substances.
- Part 213 Model - EQP - 4506- Public Highway Institutional Control (April 2020) (Microsoft Word)
- Part 213 Model - EQP - 4506-Public Highway Institutional Control (April 2020) (PDF)
Michigan Department of Transportation (MDOT) License Agreement (Part 201 or Part 213)
When environmental contamination has impacted soil or groundwater on property owned or controlled by MDOT, a MDOT Environmental License Agreement may be used to prevent unacceptable exposure risks to the remaining contamination. The applicable forms and application instructions are available from the MDOT License Agreements for Institutional Controls (Site Closures) web page.
Local Ordinances, Health Codes, and Other
Ordinances may be enacted at the discretion of a municipal government to limit or prohibit the use of contaminated groundwater, prohibit the raising of livestock, prohibit development in certain locations, or restrict property to certain uses. In addition, health codes may be used to limit or prohibit the use of contaminated groundwater or other activities.
A copy of the most recently enacted ordinance or health code for a community may be obtained through EGLE’s Environmental Mapper.
Required NoticesNotice of Migration - Part 201 under Section 20114(1)(b)(ii)
Owners and operators of contaminated property are required to notify EGLE and affected property owners when they have reason to believe that one or more hazardous substances is emanating from, or has emanated from, and is present beyond their property boundary. More information and guidance is located on the Notice of Migration Guidance (April 2016) web page.Notice to Local Unit of Government - Part 213 under Section 21310a(6)
A person that implements corrective action activities at a leaking underground storage tank property that relies on land use restrictions is required to provide notice of the land use restrictions that are part of the corrective action plan to the local unit of government (which includes the city, village, township, county, fire department, or local health department) in which the site is located within 30 days of filing of the land use restrictions with the county register of deeds.
Notice to Impacted Parties - Part 213 under Section 21309a(3)
An owner or operator that is liable under Part 213 at a leaking underground storage tank property is required to provide notice to each owner of property whose soil and/or groundwater is directly impacted above residential Risk-Based Screening Levels. Owners of property include, but are not limited to, deed holders, easement holders, tenants, utilities, and highway authorities.
Online Resources for MI Sites of Environmental Contamination
Provides web page links to EGLE online mapping and database resources.
EGLE Environmental Mapper is an online mapping application which allows a user to view sites of environmental contamination and leaking underground storage tank sites, and any land use or resource use restrictions imposed on a property that has been provided to the EGLE. The user can display the sites based on search criteria by city, county, EGLE district, and Michigan legislative district. In addition, the user can view sites within a certain distance of a location, a land lot, or a stream segment. The results can be printed with the map or exported to an Excel spreadsheet.
The Waste Data System (WDS) tracks activities at sites regulated by the Solid Waste, Scrap Tire, Hazardous Waste, and Liquid Industrial Waste programs. WDS can provide information on ownership and operation of the site; the status of any required permits, licenses, registrations, or certifications; compliance status; authorized transporters; shipments of hazardous waste (manifest); and user fees.
The GeoWebFace online mapping application allows users to locate oil and gas wells and mining sites, and can display associated geologic information.
Other Information and Resources
Provides web page links to other EGLE and national information resources.
- 2022 Pilot Project - Assessment of Restrictive Covenants in Washtenaw County and Gaylord District
- 2021 Pilot Project - Assessment of Restrictive Covenants in Genesee and Kent County
- 2020 Pilot Project - Assessment of Restrictive Covenants in Oakland County
- 2019 Pilot Project - Statewide Assessment of Local Ordinances that Limit or Prohibit the Use of Contaminated Groundwater
- 2018 Pilot Project - Statewide Assessment of Restrictive Covenants
- 2017 Pilot Project - Statewide Assessment of Restrictive Covenants
- EGLE Property Owner's Guide to Restrictive Covenants Imposed at Sites of Environmental Contamination
- State of Michigan Resources for Water Wells and Potential Sources of Contamination
- Environmental Protection Agency - Superfund Institutional Controls: Guidance and Policy
- Interstate Technology and Regulatory Council - Long-Term Contaminant Using Institutional Controls
Laws and Rules
Provides web page links to Part 201 and its Administrative Rules, and Part 213.