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For Which The Minimum Mandatory Retirement Strips Or Exclusion Areas For Roads National Road System Are Determined, The Comprehensive National Highway Information System Is Created And Other Provisions

Original Language Title: Por la cual se determinan las fajas mínimas de retiro obligatorio o áreas de exclusión, para las carreteras del sistema vial nacional, se crea el Sistema Integral Nacional de Información de Carreteras y se dictan otras disposiciones

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1228 OF 2008

(July 16)

Official Journal No. 47,052 of 16 July 2008

CONGRESS OF THE REPUBLIC

By which the minimum compulsory retirement funds or exclusion areas are determined, for the roads of the national road system, the National Comprehensive Highway Information System is created and other provisions.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. For the purposes of the application of this law, the routes that make up the National Highway System or National Road Network are called arterial or first-order, inter-municipal or second-level order and veredals or third order. These categories may correspond to roads in charge of the Nation, the departments, the special districts and the municipalities. The Ministry of Transport shall be the authority which, by means of technical criteria, determines which category they belong to.

PARAGRAFO 1o. For the purposes of the application article 1 of Decree 2770 of 1953 the routes that are identified as first, second and third category are those that in this law are referred to as first, second and third order.

PARAGRAFO 2o. 55 of Law 1682 of 2013. The new text is as follows: > The width of the strip or removal as in Article 2or Law 1228 of 2008 is determined for each of the above categories of tracks, constitutes reservation or exclusion zones for roads, and therefore it is prohibited to carry out any type of construction or improvement in the mentioned areas, except those that are integrally conceived in the project of transport infrastructure such as the deployment of public services, information and communications technologies or the oil industry, or there is no expansion of transport infrastructure provided for in the relevant development plan.

The structure of the transport infrastructure project or responsible for the road corridor, upon request of the competent authority, shall review the technical, technological, legal and financial convenience of the installation of these networks and approve the conditions of your installation.

The installation of public networks in the width of the strip or removal, in no case may prevent or hinder the expansion or expansion of the transport infrastructure.

For the purposes of this article, all construction activities of new buildings or existing buildings, which require a construction license and their modalities in the construction, are understood as constructions or improvements. terms provided for in the existing rules on the subject.

Without prejudice to the provisions of the regulations in force for the granting of environmental licenses, licenses for intervention and occupation of the public space, and other permits and authorizations by the authorities concerned, the public entity that has in charge the path within the exclusion zone that is dealt with by article 2or Law 1228 of 2008 to grant permits for the construction of accesses, installation of pipes, networks of public services, channelings, pipelines, works for road safety, transfer of posts, Transport of hydrocarbons or crossings of high, medium or low voltage power grids shall lay down the requirements to be met by the person concerned in the relevant procedure.

Vigency Notes
Previous Legislation

PARAGRAFO 3o. The National Government will adopt, through a regulatory decree, special measures to comply with the provisions of this law on retirement funds in urban steps.

PARAGRAFO 4o. 73 of Law 1682 of 2013. The new text is as follows: > The National Highway Police will be competent to enforce the right of way over the National Road Network. For the purpose, you can create isolation zones and perform operations, on the retirement girdles to exercise their different functions.

Vigency Notes
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ARTICLE 2o. RESERVE AREAS FOR ROADS IN THE NATIONAL ROAD NETWORK. Establish the following compulsory retirement or reserve or exclusion areas for roads that are part of the national road network:

1. First order roads sixty (60) meters.

2. Second-order roads forty-five (45) metres.

3. Third-order roads thirty (30) meters.

PARAGRAFO. The footage determined in this article will be taken half on each side of the track axis. In the case of dual carriageways of any category, the exclusion zone shall extend at least twenty (20) metres to side and side of the track which shall be measured from the axis of each external carriageway.

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ARTICLE 3o. AFFECTATION OF SLOTS AND PUBLIC INTEREST DECLARATION. For the purpose of enabling the reservation zones, the slots set out in Article 2or this law are declared in the public interest.

PARAGRAFO 1o. In compliance with the provisions of article 35 of Law 105 of 1993, the National Government, through the entities attached to the Ministry of Transport that have the the role of the national road network, the departments, the special districts and the municipalities, when the extension, change of category and construction of new routes is required, will proceed to advance the administrative formalities corresponding to the acquisition of the girdles established in the article 2or this law.

PARAGRAFO 2o. The respective authorities will have to make the corresponding budgetary reserves for the payment of the compensation to be taken once they decide to advance the extension of the current routes, the construction of new roads or change of category for the purpose of enlargement. For this purpose, they may be able to do so through compensation with recovery charges through the network's administrative entities.

PARAGRAFO 3o. The District and Municipal Councils may authorise the mayors to compensate for the partial or total compensation payments to be made by the affected bands and in a manner proportional to the pre-dial tax that falls on the predium of which the strip was reserved.

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ARTICLE 4. No compensation of any kind shall be made for any new works or improvements that have been lifted or made in the reserved areas or zones referred to in this Law after their enactment. Nor will any compensation be paid for the return of the girdles which were established in Decree-Law 2770 of 1953 and which are now invaded by private individuals. In such cases, the competent authorities shall initiate the process of restitution of public goods within two (2) months of the entry into force of this law.

Governors and mayors, in accordance with the provisions of paragraph 2 of Article 13 of Law 105 of 1993, shall protect and preserve public property represented in the field of land. acquired by the National Government, the governorships, or by the municipal governments pursuant to Decree-Law 2770 of 1953, as well as those acquired in accordance with the provisions of this Law. They shall also be required to immediately initiate recovery actions in the event of invasion of these corridors.

PARAGRAFO. The governors and mayors, will send monthly to the Ministry of Transport, the Ministry of Defense, National Highway Police, and the Ministry of Interior and Justice. of restitution which they have started in completing this article in order to follow them up.

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ARTICLE 5o. DUTIES OF THE OWNERS OF PREMISES ADJACENT TO THE RESERVE ZONES. They are the duties of the owners of the premises adjacent to the reserve zones established in this law-among others-the following:

1. Building on the boundaries with the reserve areas of the road, hedges with shrubs or live trees, which do not prevent, hinder or hinder the visibility of the drivers in the curves of the roads. The competent authorities shall order and oblige the owners, to prune, to cut or to remove, if from the case, the trees or barriers situated in their premises, in the boundaries or in the exclusion zones, which prevent, impede or impede the visibility of the drivers.

2. Do not throw into the gutter of the adjacent roads waste or materials that taint or disturb the normal functioning of the same as elements of drainage of the road.

3. The continuity and dimensions of the gutter must be respected in the construction of the road access to the premises, and these must always be clear of rubbish and obstacles.

PARAGRAFO 1o. The Mayors will urge the owners to comply with the provisions of this article and apply the provisions of the National Police Code in case of reluctance.

PARAGRAFO 2o. In case of variants to cities or populations, no access or temporary occupancy other than that required for proper operation of the path will be allowed.

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ARTICLE 6o. PROHIBITION OF LICENSES AND PERMITS. Urban curators and other urban or national planning authorities, departmental or municipal, will not be able to grant licenses or permits for construction of some nature in the girdles. referred to in this law. Those who contravene the prohibition here established will incur a causal of misconduct sanctioned by the removal of the charge.

PARAGRAFO 1o. The existing urban licenses prior to the entry into force of this law will be resolved and implemented on the basis of the urban regulations and regulations in force at the time of the the application, provided that any of the conditions referred to in paragraph 3 of Article 7o and 43 of Decree 564 of 2006 or the rule that it adds, amend or replace it is presented.

PARAGRAFO 2o. While the National Comprehensive Highway Information System is launched, the aforementioned officials, before granting a building permit, should consult with the Ministry of Transport. and with the competent entities, on the projects, plans and plans of future roads.

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ARTICLE 7o. PROHIBITION OF PUBLIC SERVICES. prohibits all public service providers from public services of aqueduct and sewerage, energy, gas, telephone and cable television and the Internet, providing services to the public. buildings to be built from the entry into force of this law in the areas of exclusion. The violation of this prohibition will be sanctioned with fine up to a thousand (1,000) minimum monthly legal salaries that will be imposed by the Superintendence of Public Services prior to the exhaustion of the corresponding procedure and will be imposed In addition, the obligation to remove the affected areas and equipment they have installed at their expense.

PARAGRAFO. While the National Comprehensive Highway Information System is launched, as far as future roads are concerned, the above mentioned officials before approving the installation of the service will have to consult with the Ministry of Transport and with the competent authorities in the territorial entities on future projects, plans and road maps.

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ARTICLE 8o. PROHIBITION OF FENCES AND FIXED ADVERTISING. Prohibited the installation or placement of fences and fixed advertising in the reserve zones established in this law. Fences which are located in private premises and which, by virtue of this law, become an exclusion zone, shall be withdrawn within a period not exceeding one year, counted from the creation of the National Comprehensive Highway Information System "SINC", in accordance with the provisions of paragraph 2 of Article 10 of this Law. The removal of the fence or fixed advertising will be done by the owner of the fence, for which the respective governorship, mayor, or entity attached to the Ministry of Transport will notify by edict the new legal nature of the property; in case of The latter does not make the withdrawal within ten (10) days of such notification, the respective mayor shall proceed without delay.

PARAGRAFO. For the purposes of the application of this article, the sole affectation of the belt created by the National Comprehensive Highway Information System, SINC, where the fences are located constitutes a causal termination of the lease, as well as any other type of agreement authorising the presence of such frames in the exclusion zones.

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ARTICLE 9o. DUTIES OF THE AUTHORITIES. It is the duty of the mayors to care and to preserve the areas of exclusion to which this law refers and consequently, they are obliged to immediately initiate the actions of prevention of invasions and restitution of goods public use when they are invaded or threatened with a penalty of serious misconduct. For such purposes, the Highway Police Transit and Transportation Directorate attached to the Ministry of Defense and the other traffic authorities of all order are obliged to report to the mayors about any abnormal behavior. with respect to the use of such girdles.

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ARTICLE 10. NATIONAL COMPREHENSIVE HIGHWAY INFORMATION SYSTEM. Create the National Comprehensive Highway Information System "SINC" as a public system of national unique information consisting of all the information corresponding to the roads in charge of the Nation, the departments, the municipalities and the special districts and which will make up the national road inventory. This system will record each of the existing roads identified by their category, location, specifications, extension, bridges, populations that serve, state of the same, new projects, future interventions and other information to be determined by the system administrator.

PARAGRAFO 1o. The system will be administered by the Ministry of Transport, the national road network administrative entities attached to this ministry, the departments, the municipalities and districts, are obliged to report to you the information that is accurate and accurate and necessary to feed the system, within the time limits and terms that the Ministry determines.

PARAGRAFO 2o. Trust the Ministry of Transport for a period of two (2) years from the date of this law, so that the National Comprehensive Highway Information System referred to in the This article allows the National Government to appropriate the resources required for its implementation and operation.

PARAGRAFO 3o. The omission or delay in the provision of the information required by the Ministry of Transport to conform to the registration referred to in this Article shall be deemed to be a serious non-sanctionable in the terms of the Single Disciplinary Code against the legal representative of the respective entity or of the entity in which the latter has delegated that function.

PARAGRAFO 4o. Once the system referred to in this article is implemented, this will be mandatory for the urban curators, other planning and planning authorities and for the companies public services, subject to the granting of building permits, reforms and improvements or to the provision of local public services.

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ARTICLE 11. INCORPORATION INTO THE TERRITORIAL PLANNING PLANS. The provisions of this law must be incorporated into the respective Territorial Order Plans and Basic Plans of Territorial Ordering that the Law href="ley_0388_1997.html#1"> 388 of 1997 and that by law must be adopted in each of the municipalities of the country.

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ARTICLE 12. This law governs from the date of its enactment and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

NANCY PATRICIA GUTIERREZ CASTANEDA.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

OSCAR GROVE PALACIO.

The Secretary General (E.) of the honourable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., 16 July 2008.

ALVARO URIBE VELEZ

The Minister of Transport,

ANDRES URIEL GALLEGO HENAO.

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