Neither the Act nor 335-5 authorizes the use of real property which is otherwise prohibited by zoning, by other law which regulates the use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict a use of real property which is authorized by zoning or by law other than the Act.

Author: James L. Bryant; Lawrence A. Norris; Pamela W. Luckie

Statutory Authority: Code of Ala. 1975, §§35-19-6; 35-19-13.

History: New Rule: Filed April 21, 2009; effective May 26, 2009. Amended: Published December 29, 2023; effective February 12, 2024.