Environmental Covenant – Amendment – Termination
An environmental covenant may be amended or terminated by consent only if the amendment or termination is requested as a modification to the corrective action plan approved by the cabinet, and only if the amendment or termination is signed by:
- The cabinet;
- The current owner of the fee simple of the real property subject to the covenant;
- Each person that originally signed the environmental covenant or that person’s heirs, assigns, or transferees unless:
- The person or the person’s heirs, assigns, or transferees waived in a signed document the right to consent; or
- A court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
- The holder, except a holder may be removed and replaced by agreement of the other parties.
If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the environmental covenant unless:
- The current owner of the interest consents to the amendment; or
- The current owner of the interest has waived in a signed record the right to consent to the amendments.
- Preparation statement (KRS 382.335)
- Return mail address (KRS 382.335 & KRS 382.240)
All parties must sign the document and all signatures must be acknowledged.
For the purposes of indexing, a holder shall be treated as a grantee.
Filing fees: $13.00, (Clerk, $6.00; AHTF $6.00 KRS 64.012; postage $1.00 KRS 382.240)
Exceeding 3 pages, $3.00 per page KRS 64.012
Boyd County Clerk
Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129
Phone: (606) 739-5116
Cedar Knoll Mall
Phone: (606) 929-9595
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547