Environmental Land Use Restrictions

ELUR Map  |  Submitting an ELUR Application
Tips and Important ELUR Application Information |  Available Resources for the ELUR Application
Emergency Suspension of ELURs  |  Reporting Environmental Emergencies and Spills 
Suspension (Release) of ELUR for Non-Emergency Activities 

An Environmental Land Use Restriction (ELUR) is an easement granted to the Commissioner of DEEP by the property owner that is recorded on the municipal land records.  The purpose of an ELUR is to minimize the risk of human exposure to pollutants and hazards to the environment by preventing specific uses or activities at a property or a portion of a property.  An ELUR is a tool that permits the remedial goals for a property to be dependent on the exposure risk associated with its use. 

ELUR Map

Complete the ELUR Application Form (“Application”) using the Instructions and Guidance.  The Application and Instructions and Guidance document reflect the amended ELUR Regulations. The Application is specific to ELUR applications that will be reviewed and approved by the Commissioner. 

1. E-mail as an attachment to DEEP.ELUR@ct.gov (a follow-up e-mail will be sent promptly to confirm receipt of the Application); or
2. If undeliverable via e-mail (indicating e-mail server attachment size is exceeded), upload the Application to your business transfer system (if available), or other preferred file sharing website, and send a share invitation to DEEP.ELUR@ct.gov. 

Tips and Important ELUR Application Information

• The Application can be completed in Microsoft Word® and submitted electronically to DEEP.
• ELUR and A-2 Survey Checklists are provided for guidance but are not required to be submitted with the application.
• Include copies of land records only for interests for which a waiver from a subordination agreement is required.
• The Application includes all regulatory language and possible scenarios. Decision Document Restriction Forms that are not applicable should be checked “NA” on the Section cover page.
• Navigate directly to applicable Sections by using links in the Application Contents.
• Once entered, basic property and property owner information will auto-populate within the document.  Note: Click-on print preview icon to update and view.
• As directed, supporting documents should be embedded into the Application electronically. Copy and Paste will not work. To embed a document, click on
  INSERT > OBJECT > CREATE FROM FILE > DISPLAY AS ICON.
  Clicking on the icon will open the file in its program of origin. 
• Evaluate interests in the property early in the process to avoid conflict or delays.  Use the tables (unlocked) to evaluate interests and potential interests to determine if subordination agreements or waivers are needed.  
• DEEP will consolidate and send only the documents that comprise the final ELUR to the property owner for signature.  Not all pages of the application will be recorded.

Available Resources for the ELUR Application

1. Property Owner Affidavit Form 
2. Property Owner Certification Form
3. Preparer Certification for all Sections (except Section F) Form
4. Preparer Certification for Section F Form
5. Optional Statement by Licensed Environmental Professional Form
6. Residential Activity Restriction Soil Form
7. Residential Activity Restriction Soil PCBs Form
8. Exposure of Inaccessible Soil Restriction Form
9. Exposure of Environmentally Isolated Soil to Infiltration of Water Restriction Form
10. Disturbance of Engineered Control and Polluted Soil Restriction Form
11. Residential Activity Restriction Groundwater Form
12. Residential Activity Restriction Soil Vapor Form
13. Building Construction Restriction Form
14. Groundwater Use Restriction Form

Suspension (Release) of ELUR for Non-Emergency Activities

Releases from ELURs allow for activities that are prohibited by ELURs, such as excavation and utility work.  Releases are routinely approved and have played a successful role both in the cleanup and redevelopment of polluted properties. 

To obtain a release of an ELUR, submit for review and approval:

• a plan describing the proposed activities
• a plan for restoration of the work area to the condition described in the ELUR
• a schedule for the proposed work.

Following DEEP approval of the plan, the activities may proceed.  After the work is completed, a completion report is submitted for review and approval.  The framework for ELUR releases is presented in CGS section 22a-133o(b)(3).

For further information please contact the ELUR Coordinator at  DEEP.ELUR@ct.gov.

Emergency Suspension of ELURs