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Environmental Easement

NYSDEC describes that when a completed site has a future use other than "Unrestricted," an environmental easement is required as part of the remedy governance, tied to the Certificate of Completion framework. Environmental easements function to enforce restrictions and obligations associated with remaining contamination and site controls.

Where it applies
New York State
When it comes up
Remediation completion; post-remedy compliance
Property types
Brownfield and some State Superfund sites with controls

In practice

Environmental easements are long-tail compliance objects - operators should integrate them into asset management and future sale/financing diligence packages.

Related terms

Institutional ControlsEngineering ControlsRestricted UseCOC