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.
Ala. Admin. Code r. 335-5-2-.03
Author: James L. Bryant; Lawrence A. Norris, and Pamela W. Luckie.
Statutory Authority:Code of Ala. 1975, §§ 35-19-6; 35-19-13.