Deed Recordation

Deed certifications and recordations regarding “Notice of [type of substance] Contaminated Site” are required under certain regulatory program regulations.
Deed recordation is generally required in the following circumstances on a case-by case basis based on a combination of the remaining contaminant concentrations and the future anticipated use(s) of the site:
  • When future land use is likely to become more environmentally sensitive
  • When engineering or institutional control is necessary to prevent current or future exposure
  • To eliminate potential expose pathway
  • When engineering control, such as a cap must be maintained to prevent exposure to surface contamination
  • When land was formerly used as a municipal solid waste landfill or dump
If deed recordation is needed on a property considered for acquisition, it is preferable that the owner perform the deed recordation prior to acquisition. TxDOT’s policy is to not allow restrictive covenants to be placed by others on property owned by the Department. Refer to the online ROW Manual, Volume 6 for specific deed recordation procedures.