Law 388 of 1997
Official Gazette No. 43091 of July 24, 1997 ERRATA
Official Gazette No. 43127 of September 12, 1997
whereby Law 9 of 1989 and the 3rd Act 1991 is modified and other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.
OBJECTIVES AND GENERAL PRINCIPLES ARTICLE 1o. OBJECTIVES. This law aims to:
1. Harmonize and update the provisions of Law 9 of 1989 with the new rules established in the Constitution, the Organic Law of the Development Plan, the Organic Law on Metropolitan Areas and the Law establishing the National Environmental System is created.
2. The establishment of mechanisms to enable the municipality, in the exercise of their autonomy, promote the ordering of its territory, equitable and rational land use, preservation and protection of ecological and cultural heritage located in its territory and disaster prevention in high-risk settlements and the implementation of efficient urban actions.
3. Ensure that land use by their owners fit the social function of property and allow the realization of the constitutional rights to housing and public services, and ensure the creation and defense of public space and the environmental protection and disaster prevention.
4. Promote the harmonious concurrence of the Nation, local authorities, environmental authorities and bodies and administrative and planning authorities, in compliance with the constitutional and legal obligations prescribed the State and country planning, to achieve quality improvement of life of its inhabitants.
5. Facilitate the implementation of integrated urban projects in which converge in a coordinated initiative, organization and municipal management with national urban policy and the efforts and resources of the entities responsible for the development of that policy. Editor's Notes
. BEGINNING. Country planning is based on the following principles:
1. Social and ecological function of property.
2. The prevalence of general interest over the particular.
3. Equitable distribution of burdens and benefits. Editor's Notes
ARTICLE 3o. PUBLIC ROLE OF URBAN PLANNING. Spatial planning is a public function, to fulfill the following purposes as a whole:
1. Enable residents access to public roads, transport infrastructure and other public spaces, and its assignment to common use, and enforce constitutional rights to housing and public services.
2. Addressing the processes of change in land use and adapt it for the common interest, ensuring their rational use in harmony with the social function of the property which is inherent an ecological function, seeking sustainable development.
3. Tend improving the quality of life of the inhabitants, equitable distribution of opportunities and benefits of development and the preservation of cultural and natural heritage.
4. Improve the security of human settlements to natural hazards.
. Democratic participation. In exercise of the different activities in the urban action, municipal, district and metropolitan authorities should encourage consultation between the social, economic and urban interests through participation of the people and their organizations.
This consultation will aim to ensure the effectiveness of public policies to the needs and aspirations of the various sectors of economic and social life related to the ordering of the municipal territory, taking into account the principles outlined in Article 2 of this law.
Citizen participation can be developed through the right of petition, holding public hearings, the exercise of enforcement action, intervention in the formulation, discussion and implementation of management plans and processes of granting, modification , suspension or revocation of planning permission, under the terms established in the law and its regulations.
MANAGEMENT OF MUNICIPAL TERRITORY
The 5th ARTICLE. CONCEPT. The order of the municipal and district territory includes a set of political and administrative actions and physical planning concerted, undertaken by municipalities or districts and metropolitan areas, in the exercise of public functions that they can, within the limits set by the Constitution and laws, in order to have efficient instruments to guide the development of the territory under its jurisdiction and regulate the use, processing and occupation of space, according to the socioeconomic development strategies and in harmony with the environment and historical traditions and cultural.
. OBJECT. The order of the municipal and district territory is intended to complement the economic and social planning with the territorial dimension, rationalize interventions on the territory and guide their development and sustainable use through:
1. The definition of territorial strategies of use, occupation and land management, depending on economic, social, urban and environmental objectives.
2. The design and adoption of instruments and procedures that enable performance management and implementing comprehensive urban actions and articulate sectoral activities that affect the structure of the municipal or district territory.
3. The definition of programs and projects that materialize these purposes.
The system of municipal and district territory will take into account the inter-municipal, metropolitan and regional relations; You must meet the conditions of ethnic and cultural diversity, recognizing pluralism and respect for difference; and incorporate instruments that allow regulate the dynamics of territorial transformation so that the use of natural and human resources to achieve decent living conditions for the current population and future generations to be optimized.
Article 7. POWERS ON TERRITORIAL. Effective Jurisprudence
Previous legislation ARTICLE 8.
. ACTION URBANISTICA.
The public function of ordering the municipal territory or district is exercised through the urban action of the district and municipal entities, referred to administrative decisions and planning activities that are proper, related to regional planning and intervention land uses. They are urban actions, among others:
1. Sort the territory in urban, rural and urban sprawl ground.
2. Locate and indicate the characteristics of the infrastructure for transportation, public utilities, disposal and treatment of solid waste, liquids, toxic and dangerous and equipment of services of public and social interest, such as teachers and hospitals, airports and similar places.
3. Establish zoning and location of production centers, tertiary and residential activities, and define specific uses, intensities of use, mandatory assignments, occupancy rates, classes and uses of buildings and other planning requirements.
4. Determining free spaces for parks and public green areas in appropriate proportion to collective needs.
5. Determine the non-development areas presenting risks to the location of human settlements, natural threats, or otherwise present unhealthy conditions for housing.
6. Determine the characteristics and dimensions of urban development units, in accordance with the provisions of this law.
7. Rate and locate land for the construction of social housing.
8. Rate and determine land as an object of priority development and construction.
9. Direct and perform the execution of infrastructure for transport, public services and public facilities, directly by the public body or mixed or private entities, in accordance with the law.
10. Expropriate the land and improvements whose acquisition is declared as public utility or social interest, in accordance with the provisions of the law.
11. Locate the critical areas of recovery and control for disaster prevention, as well as areas for conservation and landscape restoration.
12. Identify and characterize ecosystems environmental importance of the municipality, in agreement with the environmental authority of the respective jurisdiction, for their protection and proper use.
13. Determine and reserve land for the expansion of urban infrastructure.
14. All others which might be consistent with the objectives of regional planning.
15. Identify and locate, when required by national authorities and in concert with them, soils for basic strategic military and police infrastructure for addressing the needs of security and national defense. Effective Notes
PARAGRAFO. Public actions set forth herein shall be contained or authorized in land use plans or instruments that implement or supplement, under the terms provided in this law. Effective Notes
Article 9. TERRITORIAL ARRANGEMENT PLANNING. The land use plan that municipalities and districts must adopt in implementation of this law, which refers to Article 41 of Law 152 of 1994, is the basic instrument for developing the process of ordering the municipal territory. It is defined as the set of objectives, guidelines, policies, strategies, goals, programs, actions and regulations adopted to guide and manage the physical development of the territory and land use. The land management plans will be called:
a) land use plans: developed and adopted by the authorities of the districts and municipalities with more than 100,000 inhabitants;
B) Basic land management plans: developed and adopted by the authorities of municipalities with a population between 30,000 and 100,000;
C) land management schemes: developed and adopted by the authorities of municipalities with less than 30,000 inhabitants.
PARAGRAFO. When this law refers to land management plans means comprising all types of plans provided for in this Article, unless its specific remark is made as the plan indicated in paragraph a) of this Article. Editor's Notes
ARTICLE 10. DETERMINING THE TERRITORIAL PLANS. In the elaboration and adoption of their land use plans of municipalities and districts should consider the following determinants, which are higher-level standards in their own areas of competence, in accordance with the Constitution and laws:
1 . Those related to conservation and environmental protection, natural resources and prevention of natural hazards and risks as well:
A) The guidelines, rules and regulations issued in the exercise of their legal powers, by the entities of the National Environmental System in aspects related to the spatial arrangement of the territory, according to Law 99 of 1993 and the Code Natural, such as the limitations imposed zoning status of land use and appropriate national regulations on land use exclusively with regard to its environmental aspects Resources;
B) The regulations on conservation, preservation, use and management of the environment and renewable natural resources, marine and coastal areas; the provisions produced by the Regional Autonomous Corporation or the environmental authority of the respective jurisdiction, as to the reservation, alindamiento, administration or subtraction districts integrated management districts soil conservation, forest reserves and natural parks of nature regional; standards and guidelines for the management of watersheds issued by the Regional Autonomous Corporation or the environmental authority of the respective jurisdiction; and guidelines and standards issued by the environmental authorities for the conservation of areas of special importance ecosystem;
C) The provisions governing the use and operation of the areas that make up the system of national parks and national forest reserves;
D) policies, guidelines and regulations for prevention of threats and natural hazards, marking and location of areas of risk to human settlements, as well as management strategies areas exposed to natural hazards and risks.
2. Policies, guidelines and regulations on conservation, preservation and use of areas and buildings considered cultural heritage of the Nation and departments, including the historical, artistic and architectural, in accordance with the relevant legislation.
3. Marking and locating basic infrastructure for the national and regional road network, ports and airports, water supply systems, sanitation and energy supply, as well as guidelines for systems for their areas of influence.
4. The components of land use planning of comprehensive plans of metropolitan development, as they relate to metropolitan facts and general rules establishing the objectives and criteria defined by metropolitan areas in the affairs of ordering the municipal territory, in accordance with provisions of law 128 of 1994 and this Act.
ARTICLE 11. COMPONENTS OF TERRITORIAL PLANS. The land use plans must provide for three components:
1. The general component of the plan, which shall consist of the objectives, strategies and long-term structural content.
2. The urban component, which will consist of policies, actions, programs and policies to channel and manage the physical urban development.
3. The rural component, which will consist of policies, actions, programs and standards to guide and ensure proper interaction between rural settlements and the county seat, and convenient land use.
ARTICLE 12. CONTENTS OF GENERAL MANAGEMENT PLAN COMPONENT. The general component of the management plan shall contain:
1. The objectives and territorial strategies for medium and long term that will complement, from the point of view of territorial management, municipal and district development, mainly in the following aspects:
1.1 Identification and location of actions on the territory that allow organize and adapt to use their comparative advantage and greater competitiveness.
1.2 Definition of strategic territorial actions necessary to ensure the achievement of the objectives of economic and social development of the municipality or district.
1.3 Adoption of long-term policies for the occupation, use and management of land and natural resources group.
2. Structural content, which shall specify in development and realization of the aspects mentioned in paragraph 1 of this Article, the urban-rural and intra-urban structure that seeks to achieve long-term, proper identification of the nature of the infrastructure, communication networks and services, as well as other structural elements or large-scale equipment. In particular, they should specify: 2.1
communication systems between urban and rural areas and their articulation with the regional systems.
2.2 The marking of the reserve areas and measures for environmental protection, conservation of natural resources and protection of the landscape, in accordance with the provisions of Law 99 of 1993 and the Code of Natural Resources and the areas of conservation and protection of historical, cultural and architectural heritage.
2.3 Identification and location in flat areas at high risk for locating human settlements, by threats or natural hazards or unsanitary conditions.
2.4 The location of activities, basic infrastructure and to ensure adequate functional relationships between settlements and urban and rural equipment.
2.5 Classification of the territory in urban, rural and urban sprawl ground, with the corresponding fixing the perimeter of urban land, in the terms in which these categories are defined in Chapter IV of this Act, and following the guidelines regulations of the Ministry of Environment regarding land use, environmental and exclusively in accordance with the objectives and criteria defined by metropolitan areas in the general mandatory rules for the case of municipalities that integrate aspects.
PARAGRAFO 1o. For purposes of the application of the rules set forth herein, shall mean urban-rural structure and intra-urban model of land occupation that sets generally localization strategy and spatial distribution of activities, determines the major infrastructure required to support these activities and establishes the characteristics of road communication systems that ensure the smooth interaction between spatially separated those activities.
PARAGRAFO 2o. In compliance with the constitutional mandate contained in Article 367 of the Constitution, and to avoid that there may be urban areas with no possibility of coverage of public services, hereinafter the urban area may not be greater than the so-called perimeter services. PARAGRAPH 3.
. Where there are inconsistencies between what is stated in the agreement adopting the land use plan and its official cartography, it shall prevail established in the text of the agreement and correspond to the municipal or district mayor or Ia body delegated to the effect, correct mapping inconsistencies, provided that do not involve modification of the articles of the Land Use Plan.
In the administrative act to perform cartographic precision Ia shall be defined, based on the provisions of the Land Use Plan and regulations, planning regulations applicable to the area object of the accuracy. Once issued the administrative act, it shall be registered at all levels of Ia official maps of the corresponding plan and its regulatory and complementary instruments. This provision also applies to point Ia official mapping when the detailed studies allow more accurately determine the legal, physical, geological and morphological conditions of the land. Effective Notes
ARTICLE 13. URBAN COMPONENT OF MANAGEMENT PLAN. The urban component of land use plan is an instrument for development administration and occupation of physical space classified as urban land and land for urban expansion, integrating policies medium and short term, procedures and management tools and planning requirements. This component must contain at least:
1. Policies on medium and short term use and occupation of urban land and the expansion areas, in keeping with the long-term structural model adopted in the general component and forecasts of spatial transformation and growth of the city.
2. The location and design of the infrastructure for the road system, transport and proper intercommunication of all urban areas and the projected expansion areas; availability of primary and secondary utility networks in the short and medium term; the intended location for community facilities and open spaces for parks and public green areas in urban or zonal level and the marking of the free urban development transfers corresponding to these infrastructures.
3. The delimitation in urban land and urban expansion areas of conservation and protection of natural, landscape and urban, historical and cultural joint resources, in accordance with the general law applicable to each case and the specific rules that complement in this law; as well as the areas exposed to natural hazards and risks.
4. The determination, on urban land and urban expansion of the areas under different treatments and urban development.
5. The medium-term strategy for the development of housing programs of social interest, including comprehensive improvement, which will include guidelines and parameters for locating in urban land and urban sprawl, land needed to meet housing demand interest social, and marking of the corresponding management tools; as well as mechanisms for the relocation of human settlements located in areas of high risk to the health and integrity of its inhabitants, including the strategy for conversion to prevent reoccupation.
6. Growth strategies and reorganization of the city, defining its priorities and criteria, guidelines and parameters for the identification and declaration of estate and land development or priority construction.
7. The determination of the characteristics of the units of urban development, both within the urban soil and in the soil expansion when it any, or otherwise pointing out the criteria and procedures for characterization, delineation and subsequent incorporation.
8. The specification, if the case, the nature, scope and area of operation of urban whose promotion and implementation macroprojects is envisaged in the short or medium term, together with the definition of its general management guidelines and financing, and the issue authorizations to undertake activities essential for their realization.
9. The adoption of guidelines and parameters for the formulation of partial plans, including the definition of urban actions, performances, financial instruments and other procedures applicable in areas subject to urbanization or urban operations through such plans.
10. The definition of procedures and management instruments and urban action required for the administration and implementation of policies and decisions as well as the general criteria for convenient application in accordance with what is established in this law, including adoption of the instruments to finance urban, such as municipal or district participation in goodwill development, issuance of additional building rights and development and others covered by Law 9 of 1989.
11. The issuing of planning regulations on the terms and the scope as set out in Article 15 of this Law.
ARTICLE 14. RURAL PLAN COMPONENT ARRANGEMENT. The rural component of land use plan is an instrument to ensure proper interaction between rural settlements and the municipal seat, the convenient use of rural soil and aimed at providing basic infrastructure and facilities for servicing rural dwellers public performances . This component must contain at least:
1. Policies medium- and short-term land use in relation to human settlements located in these areas.
2. The marking of the conditions of protection, conservation and improvement of the areas of agricultural, forestry or mining production.
3. The delimitation of the areas of conservation and protection of natural, scenic, geographic and environmental resources, including the areas of threat and risk, or forming part of systems provision of public services or disposal of solid waste or liquids.
4. The location and sizing of the areas identified as suburban, with precision of maximum intensities of occupation and allowed uses, which should be adopted taking into account their character occupancy in low density, according to the possibilities of provision of potable water and sanitation consistent with the standards of conservation and protection of natural resources and the environment.
5. The identification of rural population centers and the adoption of the necessary provisions to guide the occupation of their soil and the adequate provision of basic services infrastructure and social facilities.
6. Determining supply systems of potable water and basic sanitation in rural areas short and medium term and the intended location for health and education facilities.
7. The issuance of rules for rural land parcelling country intended for housing, which should take into account the agricultural and environmental legislation.
planning requirements. Planning regulations governing the use, occupation and land use and define the nature and consequences of the necessary planning activities to manage these processes. These standards will be nested in accordance with the criteria specified herein prevalence and its contents will be established procedures for review, adjustment or modification, consistent with what is noted below.
In any case the municipalities in metropolitan areas must comply in its determination to the objectives and criteria defined by the Metropolitan Board in matters within its competence.
structural planning regulations are those that ensure the achievement of the objectives and strategies adopted in the general component of the plan and policy and medium-term strategies of the urban component. Precedence over other rules, in the sense that regulations other levels can not be adopted or modified contravening what in them is established, and its own modification can only be undertaken on the occasion of the general review of the plan or exceptionally initiative municipal or district mayor, based on reasons and duly supported technical studies. Therefore, structural standards include, among others:
1.1 that classify and define the soil, in accordance with the provisions of Chapter IV of this law.
1.2 that establish and define areas and urban performances treatments related to the conservation and management of urban and historical centers; which reserve areas for the construction of primary networks of road infrastructure and public services, which reserve free spaces for parks and green areas in urban and zonal scale and, in general, all relating to public space linked to the level of long-term planning.
1.3 define the characteristics of the units of action or establishing criteria and procedures for characterization, delineation and subsequent incorporation, including adopting procedures and management tools to guide, promote and regulate urban developments linked to development. 1.4
which provide guidelines for the formulation and adoption of partial plans.
1.5 define the areas of protection and conservation of natural and scenic resources, delineating risk areas and in general, all those concerning the environment, which in no case, except in the review the plan will be subject to change.
general urban standards are those that establish uses and intensity of land uses and activities, treatments and procedures parcelling, urbanization, construction and incorporation into the development of different areas within the urban perimeter and floor expansion. Therefore they grant rights and impose urban to landowners and builders obligations, together with the specification of the instruments to be used to effectively contribute to the objectives of urban development and to defray the costs of such a definition of rights and obligations .
Because of the effect of medium-term urban component of the plan, they also must establish the opportunity to review and update and also the general reasons mayor's initiative will allow partial review. Consequently, in addition to the regulations that by their very nature are contained in this definition, are part of the planning regulations:
2.1 specifications insulation, volumetrics and heights for building processes.
2.2 Determining renewal areas, together with the definition of priorities, procedures and intervention programs.
2.3 The adoption of programs, projects and urban projects not considered in the general component of the plan.
2.4 The characteristics of the secondary road network, the location and the corresponding allocation of land for public facilities of public or social interest zonal or local level, as well as the delimitation of open spaces and green areas of the scale.
2.5 specifications secondary supply networks of public services.
2.6 Specifications of the free urban development transfers, as well as the parameters and guidelines for their owners compensated in money or land, if it be the case.
2.7 The marking of the exceptions to these rules for operations such as macro projects or urban development in areas with conservation treatment, comprehensive renovation or improvement for which specific to adopt and conclude, at the time, with owners and standards contemplated interested communities, setting the parameters, you procedimient and requirements that must be met in such cases.
2.8 Other provided for in this law or deemed appropriate by the district or municipal authorities.
3. Additional rules
These are those related to activities, programs and projects adopted in development of the provisions referred to in general and urban components of the management plan, and be incorporated into the implementation program set forth in Article 18 of this law. Also part of this regulatory level, decisions about actions and actions which by their nature need to be implemented in the short term and all the regulations that are issued for specific urban operations and exceptional cases, according to the parameters, procedures and authorizations issued by the general urban standards. Among others, belong to this category:
3.1 The declaration and identification of land and real estate development or priority construction.
3.2 The location of land whose use is social housing and relocation of human settlements located in high-risk areas.
3.3 Specific planning regulations being issued in partial development plans for urban development units and other operations as integrated urban projects and activities in areas with urban renewal treatments or overall improvement, which will be adopted in accordance with Article 27 of this law.
PARÁGRAFO. The rules for urbanization and housing construction may not limit the development of housing programs of social interest, so that the specifications among other subdivisions, assignments and constructed areas must be in accordance with the price conditions of this type of housing . Effective Jurisprudence
. The land use plans of municipalities and districts, may not establish compatible uses between high impact services related to prostitution and related activities, with applications for housing and educational dotacionales. The National Government will regulate the matter within a period not to exceed sixty (60) days. Effective Notes
ARTICLE 16. CONTENTS OF THE PLANS BASIC ORDERING. Basic Land Management plans shall provide for the three components that Article 11 of this Law, with the following adjustments, in order to simplify adoption and implementation concerns:
1. As for the general component, the Basic Management Plan will identify objectives and territorial strategies for medium and long term that will complement, from the point of view of territorial management, municipal development, and the following structural content: 1.1 Identification
and location of actions on the territory that allow organize and adapt to use their comparative advantage and greater competitiveness.
1.2 Communication systems between urban and rural areas and their articulation with the regional systems.
1.3 Establishing reserve areas and regulations for environmental protection, conservation of natural resources and protection of the landscape as well as for the areas of conservation and protection of historical, cultural and architectural heritage.
1.4 The location of activities, basic infrastructure and to ensure adequate functional relationships between settlements and urban and rural equipment.
1.5 Classification of the territory in urban, rural and urban sprawl ground, with the corresponding fixing the perimeter of urban land, under the terms stated in this law, in accordance with the objectives and criteria defined by metropolitan areas general mandatory rules for the case of the municipalities within them.
1.6 The inventory of areas at high risk for locating human settlements by natural hazards or unsanitary conditions.
2. In relation to the urban component, the Basic Plan shall contain at least: 2.1
location and sizing of the infrastructure for the road system, transport and proper intercommunication of all urban areas as well as its projection for areas expansion, if aRE DETERMINED; availability of primary and secondary road networks and public services in the short and medium term; the intended location for public facilities and public spaces for parks and public green areas and the marking of the free urban development transfers corresponding to such infrastructures.
2.2 The delimitation of the areas of conservation and protection of natural, landscape and urban, historical and cultural joint resources, in accordance with the general law applicable to each case and planning regulations which supplement and the areas exposed to natural hazards and risks.
2.3 The medium-term strategy for the development of programs of social housing, including comprehensive improvement, which will include guidelines and parameters for the definition of uses for social housing both in urban soils as urban sprawl, and the marking of the corresponding management tools; as well as mechanisms for the relocation of human settlements located in areas of high risk to the health and integrity of its inhabitants, including related to the transformation of areas relocated to avoid new occupation.
2.4 The definition of procedures and management instruments and urban action required for the administration and implementation of policies and decisions as well as the general criteria for convenient application, including the adoption of instruments to finance development urban according to what is established in this law and the law
9th 1989. 2.5 the issuance of general urban standards uses and intensity of land uses, activities, treatments and procedures parcelling, urbanization, construction and incorporation into the development of different areas within the urban perimeter and floor expansion. specifications urban development transfers, insulation, volumetrics and heights will be included; determining the areas of overall improvement, if any, and others they deem appropriate district or municipal authorities.
3. The rural component will establish at least the same forecasts indicated for the land use plan.
ARTICLE 17. CONTENT OF SCHEMES OF TERRITORIAL. Schemes of land management should contain at least the objectives, strategies and policies long and medium-term occupation and land use, the division of territory in urban and rural land, the general structure of urban land, especially the plan roads and public services, identifying threats and areas of natural hazards and protective measures, conservation zones and protection of natural and environmental resources and planning regulations required for the actions of parcelling, urbanization and construction.
PARAGRAFO. Municipalities with less than 30,000 inhabitants this important dynamics of urban growth may adopt Basic Land Management Plans as a tool to develop the process of planning its territory population.
implementation program. The implementation program defines mandatory actions on the territory under the management plan, which will be implemented during the period of the corresponding municipal or district administration, according to defined in the relevant Development Plan, noting the priorities , scheduling activities, responsible entities and the respective resources.
The implementation program will join the Investment Plan, so that together with it will be placed before the council by the mayor, and it shall be adjusted to periods of municipal and district administrations.
Within the program of implementation of programs and projects of transport infrastructure and public services to be implemented in the corresponding period will be defined, the necessary land will be located to meet the demand for social housing in the town or district overall improvement areas, indicating instruments for public or private execution. Also they will determine the properties and land development or construction which are considered priority. All this, taking strategies, parameters and guidelines outlined in the management plan.
Article 19. PARTIAL PLANS. Partial plans are the instruments through which develop and complement the provisions of the management plans for specific areas of urban land and the areas included in the soil of urban expansion, in addition to those to be developed by units of urban action , macroprojects or other special urban operations, in accordance with the authorizations issued by the general urban standards, under the terms provided in this law. The local zoning plan or include at least the following:
1. The delimitation and characteristics of the urban area of operation or the smallest unit of urban action referred to in partial or local plan.
2. The precise definition of the objectives and specific urban guidelines that direct the appropriate action or urban operation in areas such as the use of property; supply, expansion or improvement of public space, the quality of the environment, alternative expansion, considered the overall improvement or renewal; incentives to owners and investors to facilitate consultation processes, real integration or readjustment of land or other mechanisms to ensure equitable distribution of burdens and benefits linked to better use of the property; programs and development projects that specifically characterize the purpose of the operation and development priorities, all in accordance with the scale and complexity of the performance or urban planned operation.
3. The specific planning requirements for the corresponding unit of action for the specific area or object of urban operation plan object: definition of specific land use, occupation and building strengths, retreats, insulation, draws and heights.
4. The definition of the layout and characteristics of public space and pathways and, especially in the case of performance units, secondary road network; secondary supply networks public services; the location of public facilities of public or social interest as temples, educational and health centers, public spaces and green areas for parks, complementary structural content of the management plan.
5. Others needed to complement the planning of certain areas, according to the nature, objectives and guidelines of the respective operation or performance.
6. The adoption of land management instruments, acquisition of capital gains, sharing of burdens and benefits, management procedures, financial evaluation of the development works and implementation program, along with the financing program.
In the cases provided for in the general urban standards, partial plans may be proposed to the municipal or district authorities planning for approval, by private persons or entities interested in its development. In no case may contradict or modify the determinations of management plans or structural standards thereof.
PARAGRAFO. Partial plans may also be applicable to complement the planning of localities in the case of the districts, where such indication what the Land Use Plan, an event which will be called local plans.
ARTICLE 20. OBLIGATION OF MANAGEMENT PLANS. Completed the transition period provided for in this law for the adoption of the land use plan, the competent authorities may only grant planning permission once the plan is adopted.
No public or private agent can make planning activities that do not conform to the provisions and contents of land use plans, to its development in partial plans and structural plan rules or complementary thereof.
ARTICLE 21. HARMONY WITH THE DEVELOPMENT PLAN OF THE MUNICIPALITY. The land use plan defines long and medium term occupation model municipal and county territory, indicating its basic structure and territorial actions necessary for proper organization, which will be in effect until it is modified or replaced. In this regard, the definition of programs and projects of development plans of municipalities definitions long and medium-term occupation of the territory will be taken into account.
ARTICLE 22. PARTICIPATION IN COMMUNAL country planning. For purposes of organizing community participation in defining the urban content management plan, municipal or district authorities may define the area within the city limits, neighborhoods or clusters of residential areas usually known by its inhabitants as concerning his location in the city and define its immediate membership to a local or neighborhood level. The relevant governed for community participation in the definition of rural content, in which case the territorial division will refer to paths or groups of paths.
In the course of the formulation and coordination of land use plans, civic organizations duly recognized by such groupings of neighborhoods or villages, through democratic mechanisms to ensure the representativeness of the elect, may designate representatives to transmit and put into consideration their proposals on urban and rural components of the plan.
An assortment Once the process of adoption or revision of the plan, these same civic organizations maintain their participation in regional planning in the following events:
1. To propose, in exceptional cases to consider the general urban standards, the specific allocation of uses and land uses in micro areas of neighborhood scale, that is, in cases where the effect is limited exclusively to their territory and do not violate the structural standards. In purely residential areas these proposals may relate to rules of landscaping regulations to traffic and other provisions aimed at maintaining the tranquility of the area, as long as it is not the use of public space, according to the general rules be affected.
2. To formulate and propose partial plans for urban development within its area, according to the estimates and authorizations of the urban component of the plan.
3. To exercise citizen oversight activities to ensure compliance or prevent the violation of established norms, through procedures in accordance with local decentralization policies.
formulation of land use plans. Within a maximum period of eighteen (18) months from the entry into force of this law, municipal and district administrations with the here planned democratic participation, formulate and adopt land use plans, or adjust any contents of land use planning Development plans in accordance with the provisions of this law. Effective Notes
within six (6) months prior to expiration of the term of the management plan, municipal and district administrations should begin the process for the formulation of the new plan or revision or adjustment.
In the formulation, adaptation and adjustment of management plans diagnosing urban and rural situation and evaluation of the current plan are taken into account.
PARAGRAFO. In municipalities where management plans within the deadlines are not formulated, the planning offices of the respective departments, will undertake its preparation, being in any case the projects subject to the procedures for consultation and approval established in this law. For the corresponding formulation such offices may request technical support from the Ministry of Interior, the Ministry of Housing, Urban Development and Water, the Inurbe, the IGAC and the Institute of Hydrology, Meteorology and Environmental Studies, IDEAM, the Ingeominas and areas metropolitan, for cases of municipalities that are part of them. They also make the necessary consultations to the Regional Autonomous Corporations or environmental authorities having jurisdiction over these municipalities, in matters within its competence.
Also planning offices of the respective departments with the support of national institutions should provide technical assistance to municipalities with population of less than thirty thousand (30,000) inhabitants in developing the plan.
consultation bodies and consultation. The district or municipal mayor, through the planning offices or dependence in its stead, be responsible for coordinating the timely formulation of the draft land use plan, and submit it for consideration by the Governing Council.
In any case, before the submission of the draft land use plan for consideration by the district or municipal council, interagency consultation procedures and public consultation, according to the following procedure they will take:
1. The draft plan will be submitted for consideration by the Regional Autonomous Corporation or environmental authority relevant for approval with regard to purely environmental issues within the scope of its jurisdiction in accordance with the provisions of Law 99 of 1993 and especially by Article 66 for which have thirty (30) days; It may only be challenged for technical reasons and based on previous studies. This decision shall, in any case, appealed to the Ministry of Environment. Effective Notes
2. During the same period provided in the preceding paragraph the instance of concertation shall take the Metropolitan Board in the case of management plans of municipalities that are part of metropolitan areas, a body that will monitor your harmony with the plans and metropolitan guidelines on matters of its competence.
3. Once the project is reviewed by the respective environmental and metropolitan authorities in matters within its jurisdiction, it shall be submitted for consideration by the Territorial Planning Council, a body that must render concept and make recommendations within thirty (30) working days.
4. During the review period the plan by the Regional Autonomous Corporation, or the corresponding environmental authority, the Metropolitan Board and the Territorial Planning Council, the municipal or district administration will request reviews the economic and trade associations professional guilds and make public calls for discussion the plan, including hearings with local boards, state the basic documents of the same sites accessible to all stakeholders and collect the recommendations and observations made by the various unions, environmental, civic and community organizations in the municipality and shall evaluate them , according to the feasibility, desirability and consistent with the objectives of the plan. Also will launch community participation mechanisms provided for in Article 22 of this Law.
The municipal and district administrations establish mechanisms for publicity and dissemination of the draft land use plan to ensure their massive knowledge, according to the conditions and resources of each territorial entity.
PARAGRAFO. Democratic consultation must be ensured in all phases of the management plan, including diagnosis, the basis for the formulation, monitoring and evaluation.
ARTICLE 25. APPROVAL OF MANAGEMENT PLANS. The draft land use plan, as consolidated document after fill the stage of democratic participation and interagency coordination that treats the previous article, will be presented by the mayor for consideration by the municipal or district council, within thirty ( 30) days of the receipt of the concept of Territorial Planning Council. In the event that the council is in recess, the mayor must convene special sessions. Any amendment proposed by the council must have the acceptance of the administration. Editor's Notes
ARTICLE 26. ADOPTION OF PLANS. Within sixty (60) days from the submission of the draft land use plan without the municipal council or district adopt a decision, the mayor may adopt it by decree. Editor's Notes
ARTICLE 27. PROCEDURE FOR PARTIAL PLANS. Ia for approval and adoption of partial plans referred the present Act, the following procedure shall be considered:
1. Projects partial plans will be developed by municipal or district planning authorities, by communities or individuals concerned, according to the parameters that regard determine the land use plan or Macroproyecto National Social Interest when the latter so provides.
2. The municipal or district office planning, or the dependence in its stead, partial review the draft plan in order to verify compliance with the standards considered for the formulation of the plan. For Ia adoption of the draft partial plan, Ia planning office will have a term of thirty (30) working days from Ia filing date of the project, be extended for thirty (30) working days only once, so penalty to be understood approved in the terms in which it was presented by the application of the positive administrative silence.
3. Once the Bureau municipal or district planning, or the dependence in its stead, adopt the draft partial plan through administrative or administrative silence under the terms of paragraph 2 happen act will be submitted for consideration by Ia environmental authority competent, when required as provided in the regulations of the National Government, in order that together with the municipality or district agree the only environmental issues, for which shall have fifteen (15) extended working days for an equal period.
When Ia agreement is not reached between the municipality or district and Ia competent environmental authority, the Bureau municipal or district planning will proceed to file the draft partial plan, notwithstanding that the persons concerned can make adjustments they deem appropriate and restart the process of environmental agreement.
In the case of partial plans to develop the Macroproyectos National Social Interest, if Ia environmental authority does not definitively rule within the period specified in this article, it will be up to the Ministry of Environment, Housing and Territorial Development decide on environmental issues for the which have a maximum non-extendable period of fifteen (15) working days from receipt of the respective file.
4. During the review period of the draft partial plan a phase of public information will be dispensed, summoning the owners and neighbors so that they express their recommendations and observations.
5. Once stocked the previous stages and within fifteen (15) working days of Ia adoption of the draft partial plan, by express or notional or Ia environmental coordination, when appropriate administrative act, the municipal or district mayor adopted by decree.
Paragraph 1. The breach of the terms set out in this article to rule by the competent authorities, constitute serious misconduct in head of the Director and officials of Ia respective entity.
PARAGRAPH 2. The authorities which are due to advance urban Ia procedures after adoption of the partial plan will be required to issue permits or concepts based on what the partial plan approved and technical support document. In any case, since Ia partial plan approval shall be taken defined and solved all the impacts of the operation without requiring for its implementation or development Ia approval of complementary planning instruments.
PARAGRAPH 3. The validity of the partial plan will be indicated in the decree that is adopted and will not be altered by the fact that the Land Use Plan is amended, unless the owners of the properties benefiting, in writing Ia new regulations.
PARÁGRAFO 4. Adjustment of partial plans, if required, will be made taking into account only the bodies or authorities in charge of setting the matters necessary for the development of the respective plan be. The application may be restricted only determining the aspects on which expressly requested the modification and written manner, and will be based on Ia same regulation that was approved partial plan unless the persons concerned expressed otherwise. Effective Notes
ARTICLE 28. EFFECTIVE DATE AND REVISION OF PLAN OF ARRANGEMENT. The land use plans should define the validity of their different contents and conditions that warrant review in accordance with the following parameters:
1. The structural content of the plan will be valid for long-term, which for this purpose shall mean at least * corresponding to three (3) constitutional periods of municipal and district administrations, taking care in any case that the time provided for review coincide with the start of a new period for these administrations. Editor's Notes
2. As urban content medium term means a minimum term for the term of two (2) constitutional periods of municipal and district administrations, being understood, however, that may be greater if it is required to match the start of a new period of administration.
3. Urban contents of short-term and the program s execution will govern for at least one (1) constitutional term of the municipal and district administration, given the exceptions which would be logical because of the nature of the measures envisaged or of their own effects.
4. The reviews shall be subject to the same procedure for approval and must be based on parameters and monitoring indicators related to significant changes in forecasts on urban population; the dynamics of adjustments in use or intensity of land use; the need or desirability of implementing projects impact on mass transit, infrastructure, expansion of public services or urban renewal projects; the implementation of regional or metropolitan scale projects that generate impacts on the system of the municipal or local territory infrastructure as well as in the evaluation of their objectives and goals of the respective plan.
Notwithstanding the foregoing, if not adopted a new land use plan at the end of the term established, will force the already adopted.
5. Municipal and district authorities may review and adjust the Land Management Plans or its components after the expiry of the immediately preceding constitutional period.
The revisions of management plans will be evaluated by the respective Mayors progress or setbacks and new programs for the reorganization of the uses of high impact services related to prostitution and its incompatibility with educational and residential uses will be shown dotacionales . Effective Notes
ARTICLE 29. MANAGEMENT ADVISORY COUNCIL. The Planning Advisory Board will be an advisory body of the municipal or district administration on land use planning, which must conform to the mayors of municipalities with population above thirty thousand (30,000) inhabitants. It will comprise administration officials and representatives of trade organizations, professional, environmental, civic and community related to urban development. Likewise urban curators are part of this council in the cities where this institution exists
The functions of this Council, in addition to those provided for in this law and its regulations, monitoring the management plan and propose their adjustments and revisions when be the case.
PARAGRAFO. The members of this council will be chosen from among the members of the Territorial Planning Council.
SGEOLOGICO 68303 2014 CHAPTER IV.
ARTICLE 30. CLASSES OF SOIL. The land use plans classify the territory of the municipalities and districts in urban, rural and urban sprawl ground. Within these classes the categories of suburban and protection in accordance with the general criteria set out in the following articles may be established.
ARTICLE 31. URBAN LAND. Constitute the urban land, areas of the district or municipal territory for urban uses by the zoning plan, that have primary roads and power grids, water and sewage role, allowing its development and construction, as applicable. They may belong to this category areas with incomplete urbanization processes, included in consolidated with building areas, which are defined as areas of overall improvement in land use plans.
The areas that make up the urban land will be defined by perimeters and may include the towns of the districts. In any case the urban area may be greater than the so-called perimeter or public health services.
ARTICLE 32. URBAN LAND EXPANSION. Constituted by the portion of the municipal territory destined to urban expansion, which will be enabled for urban use during the term of the management plan, as determined by the Implementation Programmes.
The determination of this soil shall conform to the expected growth of the city and the possibility of infrastructure provision for the road system, transport, public utilities, free areas, and parks and community facilities of public interest or Social.
Within the category of land expansion may be included concerted development areas, through processes that define the convenience and conditions for their development through adaptation and urban empowerment by their owners, but whose development will be conditional on adequacy of pre programmed areas.
ARTICLE 33. RURAL LAND. This category are unsuitable land for urban use, for reasons of expediency, or its destination to agriculture, livestock, forestry, natural resource exploitation, and similar activities.
ARTICLE 34. SUBURBAN LAND. Constitute this category areas located within the rural land, where land uses and ways of life of the countryside and the city are mixed, other than those classified as urban expansion areas, which are subject to development restrictions use, intensity and density, ensuring self-sufficiency in public services, in accordance with the provisions of Law 99 of 1993 and Law 142 of 1994. the corresponding soils interregional urban corridors may be part of this category.
The municipalities and districts should set designed to prevent the development of activities and urban uses in these areas complementary regulations, without prior incorporation process it takes to urban land, for which they must have the infrastructure of public space , road infrastructure and power grids, water and sewage required for this type of soil.
ARTICLE 35. FLOOR PROTECTION. Consisting zones and areas of land located within any of the above classes, which by geographic, landscape or environmental features, or part of the areas of public utility for the location of infrastructure for the provision of public services or areas of threat and risk unmitigatable for locating human settlements, has restricted the possibility of urbanize. CHAPTER V.
ACTION URBANISTICA ARTICLE 36. PUBLIC ACTION
URBANISTICA. Urban actions are parcelling, urbanization and construction of buildings. Each of these actions include management procedures and forms of execution are guided by the urban component of the management plan and must be explicitly regulated by planning regulations issued in accordance with the contents and prevalence criteria set out in Articles 13, 15, 16 and 17 of this law.
These actions may be developed by individual owners in isolation by groups associated owners voluntarily or compulsorily through urban development units directly by public authorities or by mixed forms of partnership between the public sector and the private sector .
When regulating effects of different urban developments municipalities, counties and metropolitan areas should make urban actions that generate greater value for the property, are authorized to establish participation in capital gain on the terms set out in the this law. Similarly, planning rules specifically established cases where the planning activities must be carried out by using the distribution of burdens and benefits as determined in Article 38 of this Law.
In the event of programs, projects and works to be run public entities, because of urban developments that are under management plans or instruments that implement them, the competent municipal and district entities subject to its material realization by individuals, may create special public or mixed entities for the implementation of such actions as consistent with the general laws and special contained in this law and the law 142 of 1994. Likewise
municipal and district entities and metropolitan areas may participate in the execution of development projects and programs of social housing, by holding, among others, trust deeds subject to the general rules and commercial law, without restrictions established in paragraph 5 of Article 32 of Law 80 of 1993.
public space in urban development. District or municipal regulations determined for the different planning activities, free transfers that property owners should make destined for local roads, public facilities and the general public space, and signal the regime of permits and licenses that must be submitted as well as sanctions against offenders to ensure compliance with these obligations, all in accordance with the provisions of chapter XI of this law.
Must also specify, if appropriate, the damages to which they are subjected by the effects of reserves of land for construction of road infrastructure, transport networks and other services matrices urban or metropolitan. For performances that require it as urbanization on land expansion and urbanization or construction on land with treatments of urban renewal, it should be noted the preliminary procedure to establish the feasibility of extending or expanding utility networks, road infrastructure and additional allocation of public space, as well as processes or instruments through which its effective implementation and the equitable distribution of burdens and benefits of the corresponding action is guaranteed.
burden-sharing burdens and benefits. In implementing the principle of equality of citizens before the rules, land use plans and planning regulations that implement should establish mechanisms to ensure equitable distribution of burdens and benefits of urban planning between the respective affected.
Units performance, compensation and transfer of rights of construction and development, among others, are mechanisms that ensure this purpose.
URBANISTICA action units. The land use plans may determine that the actions of urbanization and construction in urban land and urban expansion and construction in treatment of urban renewal and redevelopment in the urban land, are carried through urban development units.
As Urban Action Unit means the composed of one or more properties explicitly defined in the standards developed by the management plan should be urbanized or built as a planning unit in order to promote rational use of the area floor, ensure compliance with planning regulations and facilitate the provision from its owners, infrastructure for transport, public services and community facilities through equal sharing of burdens and benefits.
PARAGRAFO. The charges related to urban development that will be the distribution between property owners a Performance Unit include among other components assignments and performing corresponding public works secondary and home utility networks of water, sewage, electricity and telephone as well as assignments for parks and green areas, pedestrian and vehicular and for the provision of community facilities.
The charges for the cost of main roads and utility networks matrices will be distributed among the owners of all the beneficiary area thereof and shall be recovered through tariffs, valorización, participation in surplus, property tax or any another system ensuring the equitable sharing of the burdens and benefits of the actions.
ARTICLE 40. PRIORITY UNITS PERFORMANCE DEVELOPMENT URBANISTICA. Management plans and develop instruments that will determine the development or priority construction units that constitute urban action, in accordance with the priorities set in the land use plans.
ARTICLE 41. PROCEDURE. Zoning plans define the areas to be developed through action units both in urban land expansion and soil as occasion requires place and determine the criteria and procedures for characterization, delineation and approval.
Performance units shall be defined so as to allow the joint fulfillment transfer loads and urbanization of the entire surface through equitable distribution among their owners.
The draft delimitation will be made by the competent authorities, ex officio, or by the individuals concerned, in accordance with the parameters set out in the management plan, provided that mediates the formulation and approval of the corresponding partial plan, which shall determine the provisions relating to the provision of infrastructure and equipment, the corresponding assignments, subdivision, if it be the case, in areas of implementation and the phases and priorities of development pointing systems and instruments of compensation for the distribution of the burdens and benefits among participants. In the case of renewal and redevelopment, partial plan will also include the provisions related to the room and improving infrastructure, equipment and public space needed to meet the new densities and land uses assigned to the area.
ARTICLE 42. Delimitation of action units URBANISTICA. Once the partial plan approved by the authority of the municipal or district planning, the draft delimitation shall inform holders of real rights on the surface of the unit proposed action and its neighbors, in the manner determined by the regulations, who shall have a term of thirty (30) days to raise objections or observations.
Defined Processed objections and modifications as may be appropriate, the draft delimitation will be placed before the municipal or district mayor for approval.
The deadline for final approval of the draft delimitation of the units of action shall be three (3) months after their submission in due form. In cases of initiative concerned, if after this period no one has notified the relevant decision, the delimitation shall be considered approved, as long as the procedure has been performed citation.
In any case the positive administrative silence will be applied, if the delimitation proposal not welcomed to the management plan determinations.
The act of delimitation of the unit of action is entered in the register of public instruments, in the pages of real estate registration of the properties that make up the unit. The properties affected can not be licensed for development or construction outside the unit performance.
sectors exclusively for residential use and application of the agency with community representation corresponding entity Urban Development will give the sector a special zoning laws which may include, inter alia: || | Conditions to traffic.
Organization security sector.
Conditioning builders among others.
The new regulations will be recorded in the Public Records and Registration folios of real estate and land that make up the sector.
ARTICLE 44. EXECUTION OF UNITS OF ACTION URBANISTICA. The development of action units associated management involves the owners of the properties that make up its surface, by land readjustment systems integration or cooperation or property, as determined by the corresponding partial plan.
The implementation of the action unit will start once the basis for action by the favorable vote of the owners representing fifty-one percent (51%) of the involved area are defined. The properties of the reluctant owners will be subject to the processes of voluntary alienation and expropriation under this Act by the competent municipal or district entities, who will become part of the management association acting without prejudicing transfer such rights to it.
In the case of units of priority development action if within six (6) months from the delimitation of the unity of action had not been achieved agreement in the preceding separate administration you can opt for the corresponding administrative expropriation of property or forced sale thereof, in accordance with the provisions of Chapter VIII of this law. In any case, the expropriated property may be part of the management association acting and resources for acquisition may come from this.