What type of environmental laws apply to commercial real estate transactions?
In North Carolina, commercial real estate transactions are subject to a range of environmental laws. These laws aim to protect the environment and public health by regulating the potential impacts of real estate development. The laws apply to both existing property and new projects. The main environmental laws that apply to commercial real estate transactions are the Clean Water Act, the Clean Air Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Clean Water Act regulates water pollution and requires permits for activities that could release potentially-harmful contaminants into waterways. The Clean Air Act regulates air pollution and requires permits for activities that could release pollutants into the air. CERCLA is commonly known as the Superfund Law. It establishes liability for hazardous waste sites and requires entities responsible for the contamination to pay for cleanup costs. In addition, North Carolina has also adopted a number of state-specific regulations that apply to commercial real estate transactions. These include the Land and Water Conservation Fund, the State Environmental Policy Act, and the Coastal Area Management Act. These state laws are designed to protect the environment and public health by regulating the development and use of land. When buying or selling commercial real estate in North Carolina, it is important to understand the applicable environmental regulations. A qualified attorney can help guide you through the process and ensure that all necessary permits and approvals are obtained.
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