§ 56-0511. Change of use.

1. At least sixty days before the start of physical alteration or
construction constituting a change of use at a property investigated or
remediated under an environmental restoration project, or at least sixty
days before a change of use at such a property not involving any
physical alteration or construction, as the case may be, the person or
entity proposing to make a change of use shall provide written
notification to the department and the clerks of the county and other
municipalities in which such property is located.

2. No person shall engage in any activity at a property investigated
or remediated under an environmental restoration project that is not
consistent with restrictions placed upon the use of the property, or
that will, or that reasonably is anticipated to: prevent or interfere
significantly with a proposed, ongoing, or completed project; or expose
the public health or the environment to a significantly increased threat
of harm or damage from such property. If the commissioner determines
that a proposed change of use is prohibited pursuant to this section, he
or she shall, within forty-five days after receipt of the complete
notice required by this section, provide the person giving such notice
with a written determination that such change of use will not be
authorized, together with the reasons for such determination.

3. For the purposes of this section:

(i) "change of use" means the transfer of title to all or part of
property subject to an environmental restoration project, the erection
of any structure on such property, and the creation of a park or other
public or private recreational facility on such property, or any
activity that is likely to disrupt or expose contamination or to
increase direct human exposure; or any other conduct that will or may
tend to significantly interfere with an ongoing or completed
environmental restoration project.

(ii) "complete notice" means a notice that adequately apprises the
department of the contemplated physical alteration of the property and
how such alteration may affect the property's proposed, ongoing, or
completed project, or of the proposed new owner's ability to implement
the engineering and institutional controls associated with the property.