Section 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.