Transitional Provision The Law Of Land Use And Territorial Development.

Original Language Title: Disposición Transitoria a la Ley de Ordenamiento y Desarrollo Territorial.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 402

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That by Legislative Decree No. 644 dated March 11, 2011, published in Official Journal No. 143, Volume N ° 392, of July 29 of the same

year, the Law of Ordering and Territorial Development was issued, with the object of developing the Constitutional Principles relating to the territorial development, as well as establishing the provisions that will govern the

territorial planning and development processes and listing the guiding principles of public and municipal administration, among other objectives.

For various circumstances since the validity of the aforementioned Law, the institutional organization for the Ordering and Territorial Development has not been created that requires the normative body through the integration of the

agencies, national, departmental and local; what is necessary for the full applicability of the same.

III.-That for the full applicability of the Law on Territorial Planning and Development

and by virtue of not having been possible to count to date, with a budgetary allocation in the General Budget of the State as foreseen in the This Law has not been possible in addition to the implementation of the Planning System

of the Territorial Ordinance that implies the creation of technical instruments, in each of the areas defined in the Law and that enjoy a great level of complexity in its creation and formulation.

IV.-That according to the above and the said regulations, Within the institutional organization for the Ordering and Territorial Development is mandated the creation

of the National Council of Ordering and Territorial Development, as the governing body of the public and municipal administration in The development and approval of the

instruments of Territorial Planning and Development, such as the National Policy of Ordering

to be carried out in relation to the Territorial Planning and Development. and Territorial Development, National Planning and Territorial Development Plan, the

National National Information System, among other instruments and that to date have not been formally constituted.

V.-That the Regulation for the implementation of the Law on Territorial Planning and Development was approved by Executive Decree No 59 dated 13 May 2015, published in Official Journal No 89, Volume No 407, dated

19 May 2015, which has also prevented the provision of a legal instrument governing the application and development of the application of the Law since its validity.

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VI.-One of the principles set out in Article 5 (16) of the Law of Planning and Territorial Development, is the graduality, understood, as a

process that must gradually implement the public and municipal administration, taking into account the local realities, the institutional capacities and the aims of sustainability with the needs of the population.

VII.-That Art. 100 of the Law The Territorial Development and Planning in the incisos 1 ° and 2 °, establishes that the Municipalities will proceed to the elaboration and approval

of the plans of Urban and Rural Development or Urban Development Schemes, within five years and that the plans that are legally in force at the time of the entry into force of the Law will have to be adapted to their content

within two years.

BY TANTO,

in use of its constitutional powers and at the initiative of the Deputies Norman Noel Quijano Gonzalez, Mario Antonio Ponce Lopez, Ricardo Ernesto Godoy Penate, Gustavo Danilo Acosta Martinez,

Carlos Alberto Palma Zaldana, José Mario Mirasol Cristales and with the support of Deputy Martyr Arnoldo Marin Villanueva.

DECRETA the present:

TRANSITIONAL PROVISION TO THE LAW OF ORDER AND DEVELOPMENT TERRITORIAL

Art. 1. -However, the maximum period and time limit laid down in Art. 100 of the Law on Territorial Planning and Development, extended for a period of five years from the time of the present Decree, as established in Art. 100 incisos 1 ° and 2 ° of the Law of Ordinance

and Territorial Development, issued by Legislative Decree No. 644, dated March 11, 2011, published in Official Journal No. 143, Volume No. 392 of July 29 of the same year.

Art. 2.-This Decree shall enter into force on the day of its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the nine days of the month

June of the year two thousand sixteen.

LORENA GUADALUPE PEÑA MENDOZA,

PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

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SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA,

FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ,

SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the twenty-two days of June of the year two thousand sixteen.

PUBESLOSE, Salvador Sánchez Cerén,

President of the Republic.

Ramón Aristides Valencia Arana,

Minister of Governance and Territorial Development.

D. O. N ° 115 Took N ° 411 Date: June 22, 2016

GM/geg 13-07-2016

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