3.__Instrument recorded prior to effective date of chapter.__ An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 or because it was identified as an easement, servitude, deed restriction or other interest. This chapter does not apply in any other respect to such an instrument.

4.__Not invalidate or render unenforceable.__This chapter does not invalidate or render unenforceable any interest, condition, declaration, covenant or environmental covenant, regardless of how designated, that is otherwise enforceable under the law of this State, whether created before or after the adoption of this chapter, including, without limitation, those adopted pursuant to section 343-E.

§3006.__Relationship to other land-use law

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.

§3007.__Notice

1.__Provision of copy.__A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to:

A.__Each person who signed the covenant;

B.__Each person holding a recorded interest in the real property subject to the covenant;

C.__Each person in possession of the real property subject to the covenant;

D.__Each municipality or other unit of local government in which real property subject to the covenant is located; and

E.__Any other person the agency requires.