1 DECREE No. 644
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I.- according to the Constitution of the Republic, the State recognizes the human person as the origin and purpose of the activity of the State which is
organized for the attainment of justice, legal security and the common good; as well as economic and social development by increasing production, productivity and the rational use of resources;
likewise declares social interest protection, restoration, development and utilization of natural resources and construction of housing, roads, roads, roads and works for the supply of water and electricity;
guaranteeing economic freedom as it is not contrary to the public interest and should be promoted and protected private initiative within the conditions necessary to increase national wealth; and it recognizes and guarantees the right to private property
social function; promoting the protection of an economic associations that tend to increase national wealth through better use of natural and human resources, they may participate in the State, municipalities and public utility entities.
Establishes the duty of mutual collaboration between the National Public Administration and Local Government for the development of national, departmental and local planning and territorial development plans.
II.- That the State of El Salvador has signed and ratified various international instruments in environmental, sustainable human development,
integration and regional and international trade regulations establishing provisions relating to the ordering and territorial development.
III.- That El Salvador is a densely populated country with a significant population growth and transformation processes in land uses that require concerted territorial planning and management between different actors in the country
IV It is necessary to create the proper legal framework to regulate the system
territorial and institutions to develop the territorial management of public and private activity, meeting standards of rational land use and resource management with territorial location criteria.
V.- that the territory is a resource that gradually becomes scarce for the purposes of human, economic and social development, which concur
multiple demands, such as urban development and human settlements; building connectivity infrastructure and public services; protection of wetlands and of great importance for the conservation of biodiversity ecosystems; the preservation of protected natural areas;
the need for areas for agricultural, agro-industrial and industrial production and all those that merit; in short, territorial
situations that demand your positive channeling and resolved in an orderly manner, in order to achieve legal certainty and the common good through the process of planning and development of the territory.
VI.- That in order to facilitate the Inmobiliar ia property is a social function and to ensure the necessary effectiveness and efficiency of the action of the Public Administration and Municipal
regarding territorial planning and development should make possible the sectoral coordination of actions in the territory and the actions of the various levels of government and this society.
VII.- In the framework established by the Constitution and environmental regime, the process of planning and territorial development and rural and urban
regime of land ownership, will ensure the achievement of the objectives of environmental and territorial sustainability, efficiency and competitiveness, which are essential basis for sustainable development of the country, impacting partner
territorial imbalances, carrying out the necessary public investment to stimulate private investment.
in exercise of its constitutional powers and initiative of Deputies Mario Antonio Ponce Lopez, Santos Guevara Ramos, Orlando Arevalo, Adelmo Santos Rivas and Jesus exdiputados Great, Abilio Bonilla Bonilla, Ana Elda flowers Reyna, Rafael Alarcon Enrique Guerra and Hipolito
DECREES the following:
LAW AND TERRITORIAL DEVELOPMENT MANAGEMENT TITLE I GENERAL PROVISIONS
Art Object of the Act. 1. This Act aims to develop the constitutional principles related
With the ordering and territorial development; establish the provisions governing the processes of planning and territorial development; list the guiding principles of public and municipal administration; organize the institutions that implement the law and its functions;
instruments regulate planning, programming, evaluation and land management; as well as the sanctions regime applicable to the violation of its provisions.
Purpose and Scope of Application of Law
Art. 2. This Act aims to strengthen the institutional capacity of the state to order the use of the territory and guiding public and private investments needed to achieve the
sustainable development; and regulating, a gap of coordination between national and local levels of government.
The scope of territorial planning and development includes:
1) The land use according to their vocation.
2) The territorial connectivity and connection of basic services in human settlements
3) The protection and conservation of natural resources.
4) Protection and preservation of cultural and archaeological heritage.
Language Genre Art. 3. The words Secretary, Minister, Mayor, officer, employee and similar
contained in this Act, which apply to the male gender, be understood interchangeably, the male and female gender by gender holder that plays or the person you refer. This is in accordance with the provisions of the Constitution of the Republic, International Treaties and secondary legislation. Definitions
Art. 4. For the purposes of this Act means planning and territorial development:
Land Management State policy which aims to guide the spatial framework, planning processes and territorial management so comprehensive and concerted public investment
and development of various human activities on the territory with an emphasis on connectivity and services to be provided to human settlements, productive activities and protection of natural resources; with watershed approach, system of cities, economic development and socio
culture, centering on the development and welfare of the human person.
Territorial Development is the process that promotes harmony between the welfare of the population, land use, conservation and protection of natural resources and the promotion of productive activities, which it aims
main objective of improving the quality of life of the population, with a focus on sustainability. Principles
Art. 5. The performance of the Public and Municipal Administration regarding territorial planning and development, conducted in accordance with the following principles:
The actions in the planning and territorial development must be assessed and addressed according to an integrated approach that considers respect for private property, investment promotion, social equity, territorial cohesion and that takes into account of balanced form assembly
aspects or dimensions of the system.
citizen participation participation of social sectors and citizens, through the mechanisms provided by law, in the formulation, implementation and evaluation of the instruments of planning and territorial development
Gender equality planning, management and all instruments that promote this Act, shall ensure equal opportunities between women and men in the enjoyment of all rights and non-discrimination
environmental sustainability decisions affecting the territory, must ensure the rational use of natural resources; and the protection, conservation and improvement thereof for the benefit of present and future generations, especially respecting ecosystems that serve as interconnections between
comprehensive risk management process planning and territorial development, contribute priority actions for the prevention, mitigation and disaster resulting from natural hazards and anthropogenic disturbances
6. Sustainable development
The formulation and implementation of the instruments of territorial planning and development, will promote sustainable use of resources to the different geographical areas of the country may
provide economic agents.
7. Coordination and institutional collaboration
For the implementation of this Act, collaboration and coordinated action in the territory of the various entities of the Central Government together with local governments will be necessary.
Consensus decisions affecting the territory should be adopted by previous procedures
information and citizen and institutional participation, favoring agreements between different levels of government with the people, businesses and organizations of civil society, which should
reflected from conception in all instruments planning for territorial planning and development.
9. social integration
The territorial action of the Municipal Public Administration and must favor the inclusion, improving quality of life
and development of the most vulnerable human settlements of the Salvadoran population, developing human and social capital.
10. Solidarity action
Territorial Public and Municipal Administration, should promote equal opportunities
, trying to provide the entire Salvadoran population opportunities to fully integrate into productive social systems development and access to goods and services public, particularly stimulating competitiveness of each territory according to its potential.
Efficient and effective use of natural and land resources will be made rationally and with an affectation
or consumption of resources that are commensurate with the socio-economic to meet, guaranteeing compensation mechanisms of the affected resources needs, ensuring proper care of economic, social and cultural needs of the population. The actions of the Public and Municipal Administration
over the territory, shall be conducted with strict application of the technical guidance of territorial plans.
The intervention of the Public and Municipal Administration in the development process is justified
when the action of individuals or local governments is not enough to satisfy the common good; State action, should be done at the institutional level linked to the territory and if this is insufficient, will involve other levels of Public and Municipal Administration.
13. Territorial competitiveness
action and Municipal Public Administration must encourage the full utilization of territorial vocations, according to its resources: soil, water, climate, vegetation, landscape; in connection with its cultural and human resources, through actions
conducive to local, provincial, national integration and international competitiveness.
14. Access to information
All information on the various instruments of territorial planning and development since its formulation, its various stages of implementation, evaluation and monitoring, shall be public
ensuring their timely dissemination.
democratic governance decisions affecting the territory will be taken based on the established policies of dialogue,
consultation, participation, transparency in governance and respect for the legal order, thereby ensuring the dynamic balance between the demands of citizens and the responsiveness of the State and between different levels of government.
The action planning and territorial development is a process that should gradually implement public and municipal administration, according to local realities, institutional capacities and aims of sustainability with the needs of the population. TITLE II TERRITORIAL AREAS
CHAPTER I TERRITORIAL AREAS Territorial Areas
Art. 6. For the purposes of this Act, are territorial areas for planning
planning and territorial development, the national level, the departmental level and the local level; comprising the latter, municipalities and micro regions as a result of the municipal association.
Different levels of Public and Municipal Administration, have the obligation to comply and ensure timely and proper implementation of the instruments of planning and territorial development.
National Scope Art. 7. The territory of the Republic of El Salvador, is established in Article 84 of the Constitution of the Republic.
Departmental Fields Art. 8. For the purposes of planning and territorial development, departments regulated
Article 1 of the Law of Political Regime, are the areas from which they are designed and implemented departmental strategies planning and territorial development.
Local Scope Art. 9. For purposes of planning and territorial development, local level constitute the geographical area of the different municipalities.
Municipalities may organize themselves into associations of municipalities that constitute the regional micro level.
Art Departments. 10. The departments may be organized in micro-regions, based on the free association of municipalities and they will have their own land use plans.
Modification in the Formation of Micro Regions
Art. 11. Municipalities may request a change of micro region Departmental entity in
basis of the procedures defined in the regulations of this Law.
Once approved the change, it shall be given mandatory and updating
all the instruments of this Act and inform the national body.
CHAPTER II INSTITUTIONAL ORGANIZATION FOR
Land Use and Development Organization Features
Art. 12. The institutions that will implement this Law shall ensure the presence and coordinated involvement of the bodies of the Executive Body in the territory, articulating
decision making and actions, permanently and equitably with the Municipal Councils . Integration
Art. 13. The institutional organization for territorial planning and development, will be integrated by the following agencies:
1) The National Council for Planning and Territorial Development.
2) Departmental Councils of Planning and Territorial Development.
3) The Municipal Councils and associations of municipalities, that these conform
purposes of planning and territorial development.
The institutional organization is committed to sustainable development; it enabled
decentralization, institutional efficiency and municipal associations, for integrated local development, effectively and efficiently using available resources, promoting citizen and business participation.
National Council for Planning and Territorial Development
Art. 14. National Council of Territorial Planning and Development is created which will be a
autonomous entity with legal personality and its own, as the leading institution of public and municipal administration in matters related to planning and territorial development. It will relate
with the Executive Branch by the Presidency of the Republic.
Its assets will consist of assignments that are included in the Budget Law
General and Special Budgets for purposes of meeting its goals and its functionality.
The National Council for Planning and Territorial Development will consist of:
1) A delegate of the President of the Republic, who is its legal representative.
2) The Technical Secretary of the Presidency.
3) The Minister of Environment and Natural Resources.
4) The Minister of Public Works, Transportation and Housing and Urban Development.
5) Minister of Health.
6) The Minister of Agriculture and Livestock.
7) Three Mayors holders elected by the board of the Corporation of Municipalities of the Republic of El Salvador.
Will act as Chairman, the delegate of the President of the Republic.
Each member of the Board shall appoint his deputy, who will attend sessions with voice and vote when he replaces the full member. Mayors alternates referred to paragraph 7 of this Article shall be also elected by the board of the Corporation
Municipalities of the Republic of El Salvador.
Powers of the National Council for Planning and Territorial Development
Art. 15.- The powers of the National Council for Planning and Territorial Development, the following:
1) Prepare the draft National Policy Planning and Territorial Development, according to this Law and once approved, promote their implementation.
2) Coordinate and promote the development and implementation of the instruments of planning and territorial development of the national area referred to in this Act.
3) Know and rule as to the suitability of large infrastructure projects national impact, taking into account the guidelines established in the national Plan for Territorial Planning and Development and prevent their suitability when he is
4) Promote the creation of the National Land Information System, at different levels of territorial areas with the cooperation of the National Registration Center, can share the resources necessary to fulfill the objectives
5) Prepare the draft budget of the National Plan of Planning and Territorial Development
. 6) Require the various central government ministries breakdown of their budgets
annual public investment in the different departmental areas to prioritize concerted strategic investment for planning and territorial development, strengthening departmental and local capacities.
7) Promote decentralization, municipal autonomy, freedom of association and local development.
8) Develop public consultation processes.
9) Develop operating regulations necessary for compliance with established
powers and other provisions of this Act.
Departmental Councils of Planning and Territorial Development
Art. 16. Departmental Councils of Planning and Territorial Development, which will be the governing bodies of public and municipal administration in each department in matters related
planning and territorial development, which will be attached to the National Council are created Planning and Territorial Development.
Departmental Councils shall be composed of:
1) A delegate from the Technical Secretariat of the Presidency of the Republic and his deputy.
2) delegates and their respective alternates,:
a) The Ministry of Environment and Natural Resources;
B) The Ministry of Agriculture and Livestock;
C) The Ministry of Public Health and Social Assistance;
D) The Ministry of Public Works, Transportation and Housing and Urban Development;
E) The National Administration of Aqueducts and Sewers.
3) Six Mayors of the Municipalities of the Department and their respective alternates; of which one will be the coordinator of the Departmental Council.
The delegates of ministries, have the ability to decide on the aspects pertaining to your institution, as part of activities under the Plans
Territorial Planning and Development Departments; They perform their duties on a permanent basis in it and not accrue any remuneration for their participation in the Council.
For the decision of the Council regarding its regulated in Article 17 of this Law, except for those related to administrative aspects powers must necessarily attend at least three votes of Mayors to form majority simple.
Mayors serve on the Departmental Councils of Planning and Territorial Development, elected from among the mayors of each department
proportionally to the number of votes secured by the department for municipal councils, each Political Institute He has accredited mayors in it, as recorded in the minutes that authorized the Supreme Electoral Tribunal. The six mayors who are elected in turn, elect among themselves the Vice
Coordinator of the Departmental Council of Planning and Territorial Development.
For the purposes of the preceding paragraph, the total valid votes obtained at the departmental level to municipal councils, is divided by the number 6 mayors
up the Departmental Council of Territorial Planning and Development, thus obtaining the electoral quotient . Given this, the Political Institutes have as many representatives as sometimes the electoral quotient is contained in the number of votes secured by the Political Institute in the department for each
If one or more Mayors shall fail to allocate the total
members of the Departmental Council of Planning and Territorial Development, the allocation will be made in favor of political institutes in descending order of the residual amount of the vote, until the number of six.
Powers of the Departmental Councils of Planning and Territorial Development
Art. 17. The Departmental Councils of Planning and Territorial Development shall have the following powers
1) formulate, coordinate and promote the implementation of the departmental strategy
planning and territorial development.
2) Develop, monitor and evaluate tools for planning, programming and management
ordering and territorial development at the departmental level.
3) Hiring, review and approve studies aimed at formulating plans
regional territorial development planning and micro.
4) Coordinate the development of management plans and territorial departmental and regional development micro, according to the guidelines of the National Plan and
strategy planning and territorial development of the National Council of Territorial Development and territorial consultation, to ensure consistency with other
5) Reconcile and harmonize management plans and local development, formulated by
municipalities or associations of municipalities, with the provisions of the management plan and corresponding micro regional territorial development.
6) Disseminate timely and effectively to stakeholders and the general public through various media, management plans and land development due to them and other relevant information.
7) Encourage the participation of representatives of regional public agencies and municipal governments and private institutions and cooperation with
presence in the territory, territorial consultations.
8) Present the departmental management plans and regional development and micro, the
National Council of Territorial Development.
9) To establish technical bodies for the formulation and implementation of planning tools, also proceeding to the appointment of departmental
corresponding technical equipment.
10) To prepare an annual budget for submission to the National Council for Planning and Territorial Development
11) Manage its operating budget.
12) Driving the participation of the National Public Administration in conducting their own sectoral activities at the departmental level to ensure implementation
and achieve the goals and objectives of management plans and territorial development.
13) Know the work plans of the various public institutions and cooperation
at the departmental level and make recommendations for their harmonization with the goals and objectives of management plans and departmental territorial development and regional micro.
14) Create and update an information system on management plans and land development and other public documentation for agile and timely use of
citizenship, linked to the National Land Information System.
15) Encourage and support municipal associativity.
16) Provide assistance to the municipal councils or associations of municipalities in the development of their municipal plans, regional and partial micro planning and territorial development, when they are requested.
17) Develop a proposed annual investment in road infrastructure and health facilities and education
departmental interest required instances of the central government to the National Council manage them.
Ambito Local Art. 18. At the local level, the competent authority for the implementation of all
concerning the planning and territorial development, will be the municipal councils, either individually or in combination. Regional Associations
Art Micro. 19. For purposes of territorial development planning and municipal councils, may create regional micro
according to the following procedure associations:
1) Municipal Councils concerned, issue the municipal agreement to join the
micro regional association.
2) issue the concerned Municipal Councils, the corresponding special ordinance ordering and territorial development where the respective functions are delegated to the regional micro
3) Create a regional micro Municipal Councils Council, pursuant to
4) The regional micro Association, will create the technical office of regional micro
order and territorial development.
5) Once established micro regional association shall inform the Departmental Council
of Planning and Territorial Development, for appropriate action.
Powers Art. 20.- The Municipal Governments individually or associated in the Departmental level, on instruments of territorial planning and development established shall have the following powers:
1) Coordinate and promote the development, adoption and implementation of Local Plans following:
a) municipal plans or regional micro planning and territorial development.
B) Partial plans and municipal schemes.
2) Legal endorsement of plans by municipal ordinances.
3) Know, review and rule on local plans of the municipality or the micro region.
4) Ensure the adequacy of local plans of the municipality or micro-region to the provisions of relevant departmental plan.
5) To submit local plans, ordinances and amendments to wide dissemination and itorial terr consultation, in accordance with Title IX of the Municipal Code and this Law.
6) Know and rule on the adequacy local infrastructure projects of national importance and departmental plans.
7) Ensure the preservation of reserve areas established in management plans and territorial development and relevant legislation.
8) Provide processing services and building permits, urbanization and subdivision directly or through the Departmental Committee of Planning and Territorial Development
prior to the establishment of contracts or agreements.
9) Carry out other functions of planning and territorial development set out in the existing secondary legislation.
Technical equipment Art. 21. The national and departmental Council, depending on the complexity of the tasks and powers, will have a team of professionals who will support them in the exercise of their actions; which will be composed by:
1) A professional land use planning;
2) A professional environmental science;
3) A professional seismology;
4) A professional geology;
5) professional sociology;
6) A professional legal sciences;
7) A professional economics;
8) Administrative support staff.
In the case of the National Council, it will also have a professional archaeological sciences.
14 TITLE III
PLANNING SYSTEM AND TERRITORIAL DEVELOPMENT MANAGEMENT CHAPTER I
SYSTEM INSTRUMENTS AND TERRITORIAL DEVELOPMENT MANAGEMENT
Land Management System Art. 22. For the purposes of this Act, the System Planning and Territorial Development will consist of the following instruments:
1) The National Policy Planning and Territorial Development.
2) Instruments of Territorial Planning.
In the national and departmental levels:
a) The National Plan for Territorial Planning and Development; b) Strategies and Plans Departmental Planning and Territorial Development
; c) The Territorial Special Plans.
In the local and micro-regional:
a) The Municipal Plans or Micro-Regional Planning and Local Development; b) Rural Urban Development Plans; c) Partial Plans.
3) programming tools consisting Territorial Development Programs.
4) Instruments Analysis, Evaluation and Participation:
a) The National Land Information System;
B) The System of Territorial Impact Assessment; c) The System of Citizen Participation and Territorial Consultation.
Development and approval of the Instruments of Territorial Planning and Development
Art. 23. The development and adoption of the instruments of planning and territorial development
will be as follows:
1) The National Council for Planning and Territorial Development, developed by the National Policy of Planning and Development
territorial and propose for consideration by the President of the Republic for its corresponding approval by the Council of Ministers.
2) The National Council for Planning and Territorial Development, develop and approve
national planning instruments and territorial development; after which it will manage the issuance of the Executive, following Decrees:
a) the National Plan for Territorial Planning and Development;
B) the National Land Information System;
C) System of territorial impact assessment;
D) the system of territorial public participation and consultation;
E) Special Territorial Plans.
3) Instruments of Territorial Planning and Development for the departmental level
will be prepared by the Departmental Councils of Planning and Territorial Development together with the relevant local governments, and will be presented to the National Council of Territorial Planning and Development, after of which, it
perform the corresponding procedure to be issued as Executive Orders.
4) Local and regional micro instruments will be developed by the respective municipalities must adapt departmental plans and principles
Established by this Act; after being approved by the Municipal Councils, they shall be issued the respective municipal ordinances for mandatory.
CHAPTER II NATIONAL POLICY AND TERRITORIAL DEVELOPMENT MANAGEMENT
National Policy Planning and Territorial Development
Art. 24. The National Policy Planning and Territorial Development within the framework provided for in Article 2 of this Law, is the strategic direction of institutional action that aims, achieving a harmonious relationship, balanced, sustainable and safe, between society and the
territory, enhancing the quality of life of the population, the use of the productive potential of socio-territorial and integration into the regional and global context system.
The National Council for Planning and Territorial Development will formulate the draft National Policy Planning and Territorial Development, which will be proposed to the Presidency of the Republic, for submission to approval by the Council of Ministers, as set for the eighth ordinal
Article 167 of the Constitution.
This policy will form the basis for the design of
Territorial Planning and National Development Plan which will guide the actions of the Public and Municipal Administration and set the main guidelines from which they have to realize the different actions and instruments of public action on the territory.
The implementation of the National Policy Planning and Territorial Development will be held by the instruments provided and regulations necessary for the implementation of this Act
. TITLE IV
PLANNING TOOLS SYSTEM AND TERRITORIAL DEVELOPMENT MANAGEMENT
CHAPTER I NATIONAL PLAN AND TERRITORIAL DEVELOPMENT MANAGEMENT
Definition Art. 25. The National Plan for Territorial Planning and Development is the instrument that contains:
Identifying problems and opportunities; the expression of the basic principles from which the shares are to be developed in land policy; the actions proposed for the strengthening and modernization of institutional capacities of the State in the matter;
formulation of the basic objectives and intervention criteria; identifying territorial areas which has to realize the territorial policy and the necessary guidelines to define and guide the policy and to establish its role within the set of state policies.
This planning tool is the highest ranking, which aims to establish the broad guidelines of planning and territorial development arising from the National Policy and this Act, has become the main instrument through which the Public Administration and
Municipal and institutional bodies involved holistically in the country, in the processes of planning and territorial development.
This instrument comprehensively promotes work on improving sustainability, competitiveness, environmental security and sum in the quality of life of the population, giving the right answer to seize the challenges and opportunities of sustainable development in the National territory. Content
Art. 26. The National Plan shall contain:
1) Determinants of strategy and territorial model proposed;
National territorial structure, centers of economic activity, strategic projects, motor areas and areas of development, urban system, brokers and transport infrastructure, system of natural areas, biological corridors and
environmental, sanitation and environmental quality , areas and recreational and tourist facilities, integration and modernization of structures and rural activities.
2) Strategy and guidelines for the integration of Territorial Policy in the Central American regional framework.
3) Strategy and guidelines regarding territorial or departmental systems for the purposes
planning. 4) Strategy and territorial guidelines regarding the management of water resources.
5) Strategy and territorial guidelines for the protection and management of natural resources and biodiversity.
6) Strategy and territorial directr ices in relation to the system of cities, and urban and improved services to the population.
7) Strategy and territorial guidelines for rural development in relation to the population and production.
8) Strategy and guidelines for the prevention and mitigation of natural hazards.
9) Strategy and guidelines for the treatment and management of urban, industrial and special waste.
10) Strategy and guidelines for transport infrastructure and logistics, and other infrastructural systems.
11) Strategy and territorial guidelines in relation to the location and development of spaces
and economic and strategic projects at the departmental and national activities.
12) Strategy and territorial guidelines regarding the use of the land and its resources as a basis
integration and socio-economic modernization of the country.
For each of the matters referred to in the preceding paragraphs, the National Plan must meet the following requirements
1) Formulate a diagnosis of the current situation and analyze the processes and trends
predominant, indicating the relevant problems and opportunities.
2) Identify the lines of action, guidelines, criteria or delimitations corresponding
justifying territorial consistency with the proposed model.
3) Establish the provisions that are necessary in relation to
administrative and institutional framework to ensure the effectiveness of the provisions of the Plan and inter-administrative coordination.
4) Procedures for approval, review, evaluation and updating of the plan and its instruments.
5) Budget and prioritization of the proposals in the plan.
6) Procedure for the application of a gender equity approach.
STRATEGIES CHAPTER II DEPARTMENTAL
Definition Art. 27. Departmental strategies are the instruments through which the strategic guidelines of the National Policy and Plan at the departmental level are developed, pursuing the objectives of the quality of life and sustainability of development processes. Objectives
Art. 28. Departmental strategies are the instruments of territorial planning the following objectives:
1) Establish coherence between sectoral and departmental national policies to achieve a more efficient and effective use of available resources.
2) Strengthen the departmental community a vision and agree on the main intermediate objectives.
3) Provide the National and Local Government, the agreement on funding priorities
and international cooperation.
4) Enhancing coherence and synergy between public and private investment initiatives and
establish the framework for action of each other in each sector.
5) Generate a process of citizen participation in the origin, validation, monitoring and evaluation of public
projects in each department.
6) Taking into account the explicit consideration of the dimensions of socio-territorial
system with focus on the environmental dimension.
7) Integrate the system the strategic elements emerging from the micro regions and municipalities.
8) Align economic development projects in each of the departments. Content
Art. 29. The departmental strategy as core content will contain the following:
1) diagnostics departmental different political dimensions - administrative, demographic, physical, environmental, social, economic and cultural; and also the
major challenges facing the department in the future.
2) The proposal for sustainable development that is expressed through:
a) The vision or target image and its guiding principles;
B) The territories subject to planning;
C) The strategic objectives, including general guidelines and specific objectives
d) A preliminary set of strategic actions.
3) The management proposal, which indicates the main contents and characteristics of the elements to be present in the design and implementation stages of management, dissemination and evaluation
strategy, aspects inherent in the planning process departmental development.
4) The set of programs and strategic plans and therefore must cross through both defined strategic lines, such as sectoral and territorial areas, constituting a set of actions of an institutional nature and territorial benefiting
, most of them already studied the entire department.
5) A proposal for a public investment program for the implementation of departmental strategies.
The above information will constitute a framework for defining projects that will be presented to the public for review and validation, in order to also achieve its commitment to
the instrument and once the territorial consultation, will be delivered the Executive Body for integration into the general state budget.
CHAPTER III DEPARTMENTAL PLANS AND TERRITORIAL DEVELOPMENT MANAGEMENT
Definition Art. 30. Departmental management plans and territorial development are planning
instruments purporting to regulate the organization of public and private activities in the territory, necessary to achieve sustainable development according to the territorial characteristics in its dimensions: social, environmental, economic, rural, urban, infrastructural and institutional
, covering the municipal boundaries that make up the department.
Departmental management plans and territorial development
develop a departmental scale the contents of the national plan and the guidelines of the departmental strategy, process development and regulation of activities and land use processes urban, rural development and protected areas.
Content Art.31.-Departmental management plans and territorial development, contain
basically a diagnosis to establish the basic characterization of its scope, integration into the departmental socio-territorial system and its processes and policies relevant analysis
problems and opportunities as a basis for the formulation of such plans. In the departmental plans it should be considered the principle of gender equality and contain:
1) Strategic environmental assessment;
2) Forward planning of the territory to develop scenarios and modeling
goals and performance indicators;
3) The territorial planning and strategy development;
4) identification, prevention and mitigation of natural hazards;
5) The strategy and program of activities and actions in socio-economic development;
6) The scheme geographical distribution of uses and activities with structuring character or introduce basic conditioning in the territorial model;
7) The guidelines conservation, improvement and development of rural areas;
8) The delimitation of areas to be protected for their environmental services or natural, cultural, productive or forest values; establishing protection standards or guidelines for the development of specialized
planning, with special emphasis on the protection of water resources such as surface sources, aquifer recharge areas and underground aquifers;
9) The development of the system of cities, indicating core and main areas of urban concentration and economic activity or services;
10) Schemes formulated for urban development areas of low population density and limited on urban dynamics, in order to sort
consolidation and expansion of existing centers;
11) The identification and location of infrastructure and structural equipment;
12) The marking of a minimum supply of equipment and infrastructure for environmental improvement to be included in local planning and determining the location of
regional micro character;
13) The programming of actions, establishing priority actions;
14) The rules of subsidiary application in municipalities that lack local plan; and
15) The budget and financial programming.
CHAPTER IV SPECIAL PLANS TERRITORIAL
Definition Art. 32.- Territorial special plans are the instruments of intervention on the territory, through the management of the territorial dimension of a single sector or group of sectors or performing sectoral activities without affecting integrally on the territory and ordering
areas of protection.
Shall be considered the following territorial special plans:
1) Plans drawn up for the realization and integration of actions on the territory, both public and private, in a given sector or sectoral intervention.
2) Plans drawn up or approved by the Public and Municipal Administration in matters established in the regulations of this law, which do not carry out functions directly
land management, but an important influence on the structuring of the territories over which fall.
3) tools for program activities in a specific sector in a given territory
4) Special Plans may be national, departmental level or have a field
own depending on the needs of the sector or area of protection. When referring to areas under special administration the scope will coincide with this area.
Include, in addition to the requirements in sectoral legislation, the following determinations:
1) Identification of the sector and the strategic objectives and programs that underlie the territorial origin or actions to be taken.
2) Delimitation of direct space domain or indirectly affected by the proposed actions. In the case of plans of protected areas may be established, justifiably
peripheral protection zones.
3) Analysis of the territorial component of the sector or area of protection in their
institutional, environmental, urban, infrastructural, social and economic dimensions, noting relations with land use planning and urban or rural development.
4) Criteria for coordination with other sectors and the general and particular terms of land management.
5) Any other content required by the sectoral legislation.
In the case of Special Plans protection areas; Also will include:
1) Regulatory standards of production, recreational or educational activities, including support of the objectives of protection or improvement to rural development, taking advantage of the potential of the area.
2) Guidelines for the integration of local planning and management plans.
If these plans include scheduling performances, be indicated for each of them:
2) implementation deadlines or priorities;
3) Body responsible for implementation;
4) anticipated budget;
5) Sources of financing. CHAPTER V
PLANNING INSTRUMENTS OF LOCAL AND MICRO REGIONAL SCOPE
Definition Art. 33.- micro municipal and regional plans of planning and territorial development, are intended
comprehensive regional planning at the local level to channel the processes of urban, rural and protected areas covered by this Act development, establishing a detailed rules of urban development process.
The scope of these plans may be municipal and regional micro, always covering full Municipalities. Content
Art. 34.- micro municipal and regional plans of territorial development planning and basically contain a diagnosis to establish the basic characterization of its scope, integration into the relevant departmental socio-territorial system, its processes and policies and analysis of
problems and opportunities as a basis for the formulation of such plans. These plans should be considered the principle of gender equality and shall contain the following provisions:
1) The municipal territory is divided into the following areas:
a) Urban areas: They include areas with infrastructure and services of urban areas or are occupied by the building
in the manner provided in this article. Urban areas may be consolidated and non-consolidated, thus:
I) consolidated urban zones: Will this nature urban areas that have infrastructure and services of roads, lighting,
water supply, waste and rainwater sanitation, with enough features to serve the whole area, serving a ratio of not less than the percentage that is set statutorily
II) Urban areas unconsolidated: Will this nature that have
with building when despite not having infrastructures and services the previous section refers to the density of land built to reach at least the
percentage is established by regulation.
B) developable areas: Those that management plans and territorial development
classified thus susceptible and consider appropriate for their urban transformations, in view of the urban development needs of the population.
I) Special Zones for social housing: reserved spaces to develop housing for lower-income households with special housing density requirements, infrastructure
basic services and equipment. These areas will have a special regulation.
C) Rural areas: Includes the entire rural space with primary uses and for its urban transformation in the short and medium term is not contemplated.
D) not developable areas: They consist of those areas that are excluded from possible urbanization or territorial transformation
due to the protection of environmental services and their natural, productive, cultural values, reserve protection or infrastructure, the existence of limitations arising from the protection against natural hazards or any other
established by law or justification, by planning instruments.
2) Location of public services and general service assembly areas throughout the municipality or higher and those are essential elements of local networks urban facilities. They include at least those concerning:
a) road and transport network.
B) supply, drainage and water sanitation.
c) Management of municipal solid waste.
D) Urban equipment, including recreational facilities such as municipal parks and green areas and intended for educational, cultural, health, recreation, leisure and similar to the service of the population.
3) Forecasts for rural development under the guidelines established by the competent institutions.
4) Standards and standards of urbanization, parceling and construction, at least in the areas of:
a) density housing.
B) municipal recreational facilities.
C) social facilities.
F) minimum performance units.
5) Forecasts for development in unconsolidated urban areas or urban sprawl.
Unconsolidated Urban areas and areas of urban sprawl
developed through partial plans. The local management plan development and territorial contain forecasts for its development, which can be done through private or public initiative.
The authority will promote the participation of private enterprise in the process of transformation and urban development, ensuring alternative, urbanization processes are conducted in accordance with the provisions of the plans and needs of the population. Among the forecasts of development
setting deadlines or priorities mandatory for processing the corresponding partial plans or conducting performances of urbanization and building compliance may be included.
6) Forecasts for action in rural areas.
Rural areas will host performances of agricultural production and agro-industrial, as well as limited urban transformation in late enable the development of low-density residential areas, tourism and recreational projects; as well as equipment and actions
find suitable location in rural areas, such as educational or research centers, special and similar health care centers or environments. These projects may be authorized under the following circumstances:
a) the action does not involve landscape transformation that negatively impact on the rural environment;
B) the maintenance of tree mass in the field of action is guaranteed;
C) the protection of water resources, especially surface sources, the aquifer recharge areas and underground aquifers is guaranteed;
D) are resolved by the owner of the work connected with the general systems and where appropriate, improving them when they
guarantee are insufficient or inadequate to meet the new demands arising from the project ;
E) the installation and maintenance of pipeline systems ensure sanitation, treatment plants suited to the needs of the performance and natural features of the environment;
F) gross buildable action does not exceed the rate of 0.1 m2 roof built on the total area of the performance.
7) Forecasts for the management of the development process; including, where appropriate, the secondment of green areas or other equipment or specific areas of land for the purpose of obtaining assignments through development.
8) applicable to existing buildings and facilities that are outside management for be dissatisfied with the new planning regime, which will not be
Other works that expressly provided for in the plan done. In the absence of express provision in planning other works more than routine maintenance and repair may not be performed, excluding the consolidation, expansion or improvement.
9) Procedures and criteria for requesting and make changes in the zoning plan. You define a compensation system Municipality, when a change is requested
nonurbanizable zone or rural to urban expansion area.
10) Procedures and / or procedures for obtaining permits for construction, urbanization and subdivision
well as changes in zoning and land use.
11) Definition of areas under partial plans, in places susceptible to significant changes
land use and / or public and private investment.
Plans Urban and Rural Development.
Art. 35. Plans for urban and rural development are aimed at ordering and development of the territory to channel the processes of urban development and rural development, establishing a detailed regulation of the aforementioned processes.
plans urban and rural development will be micro regional or municipal level, always covering full Municipalities.
May include a regional micro level when the process of municipal associations and the development of local capacities for planning and territorial development
reach all of that area. Contents
Art. 36. Plans for urban and rural development will have to exercise appropriate content according to planning, urban development and use of productive soils
competition and to grant permits or authorizations, except in areas where the plan , the need to establish partial plans.
Plans urban and rural development will be set from the following minimum contents:
1) Schemes of territorial structure, with explicit consideration of environmental issues and risk factors.
2) Zoning of the territory and determination of global land use.
3) Detailed Planning of areas for which the plan so provides.
4) Simplified Ordering of areas of limited urban dynamics and consolidation measures of their population centers.
5) Forecasts for the management and development of the plan.
6) Forecasts for the improvement of life of the population and for rural development.
7) applicable to existing buildings and facilities that violate the order not to be in line with the new planning regime; and
8) The remaining determinations that according to law are convenient for the better development of the plan. Territorial Structure Diagrams
Art. 37.- territorial structure schemes express the structural organization of the territory on a large scale, with marking of the main roads of internal coordination and external connection, major infrastructure systems and territorial elements
constraints of land management, and land use guidance proposed to meet the needs of sustainable development in the medium and long term.
These schemes serve to understand the territorial structure within the scope of the plan and its integration
and coordination with the territorial systems of the environment; and to express the basic guidelines, proposed by the plan in terms of planning and territorial development.
Territorial structure schemes incorporate the environmental dimension to the whole scope of the plan, setting the environmental regime for the management and development
determination of the relevant criteria and environmental standards; They shall also include the analysis of threats and vulnerabilities within that field, establishing rules to ensure consideration of them in the conduct of proceedings. Detail
Urban Planning and Urban Expansion
Art. 38. The detailed planning of urban areas or urban sprawl, may be included for areas where the Plan deems appropriate to facilitate their direct transformation without requiring a detailed plan for which will establish the location of infrastructure networks and services,
determination of conditions of development and construction, within the framework of the general legislation on the subject.
The detailed order will be established in areas included in urban or urban expansion areas for the convenience of short-term transformation is determined without prepare and process additional detailed plans.
Simplified Planning Areas of Low Density
Art. 39. In areas of low population density and limited on urban dynamics
simplified in order to order the consolidation and expansion of existing core system will be established, including the delimitation of the urban area and the location of the road network and basic urban facilities.
In these areas they will not be set by the plan or zoning or detailed planning and may not define new urban areas or urban sprawl.
The plan urban and rural development will contain provisions for the management and development of non-consolidated urban areas and urban sprawl areas that were not ordered by
menorizadamente through the plan itself, which may made through public or private initiative.
Local Governments promote the participation of private enterprise in the process of transformation and urban development, ensuring alternative that urbanization processes are conducted in accordance with the provisions of the plans and needs of the population.
Improving Living Conditions of the Population and Rural Development
Art. 40. Municipal plans and / or micro regional development planning and territorial contain determinations, guidelines or criteria deemed appropriate to improve the living conditions of the population in urban and rural areas covered by the plan, consistent with national policies and programs adopted in the respective fields.
The plan will consider the programs and activities of the Public and Municipal Administration for rural development, aimed at improving and streamlining of socio-economic structures of rural areas
safeguarding environmental stability.
Existing Buildings and Facilities Art. 41. Existing buildings and facilities comply with the order established by the Plan shall be subject to the rules of construction and use that for them are established.
In the absence of specific determinations by the Plan, you can not be performed on them more than ordinary repair and maintenance, excluding the consolidation, extension or improvement works. Partial Plans
Art. 42. Partial plans detail the content of municipal plans or regional micro planning and territorial development, located infrastructure networks and own its scope public services and establish the specific rules of each subdivision and conditions || | development and construction within the framework of the general legislation on the subject and are aimed at establishing the specific arrangements for development and construction, detailing the content of municipal plans and / or regional micro so that it can act directly without other instruments of planification.
Partial develop plans for areas designated for this purpose by the municipal plans or regional micro planning and territorial development and other characteristics that require them.
Partial plans will establish the necessary provisions for the urban development of the area including at least:
1) Standards subdivision.
2) detailed regulation of land uses including permitted uses, conditional and prohibited.
5) Landscaping and tree planting.
6) Red Vial.
7) control systems and traffic regulation.
8) Public transport routes.
9) supply, drainage and water sanitation.
10) Street lighting.
11) energy and communications.
12) Integrated management of solid waste.
13) recreational facilities and public spaces, including parks and gardens.
14) Social facilities for serving the population of the area under development.
15) Phases, programming and implementation schedule of the works of urbanization and construction.
16) The detailed forecast for the management of the development process; including, where appropriate, seconding
green areas or other equipment or specific areas of land for the purpose of obtaining assignments through development.
17) mandatory clearing system between landowners within the area of the partial plan.
Partial plans may be developed on the initiative of the municipal government or private initiative
prior endorsement of the Municipal Government.
Proposed by Private Initiative
Art. 43. If the proposed partial plans is developed by private enterprise, it must have the support of the owners who hold a majority of soil subject to the corresponding plan.
The promoters of the initiative should ensure the requirements of the plan and the necessary financial guarantees for compliance. Such guarantees should be independent of environmental compliance bail in his case required by the competent environmental institution.
All partial plans must be approved by the City Council or the association of respective municipalities through municipal agreements and partial plan ordinance.
From Subsidiarity in the formulation of plans at the local level
Art. 44. In the absence of initiative or municipal capacity to develop municipal plans, regional and partial micro planning and territorial development, the municipal government, association of municipalities or micro region will attend the Departmental Committee of Planning and Territorial Development,
to request your assistance in preparing them. May establish arrangements by agreement or through the signing of an agreement for this purpose.
TITLE V 30
INSTRUMENTS PROGRAMMING SYSTEM DEVELOPMENT PLANNING AND TERRITORIAL
UNICO Territorial Development Programs CHAPTER
Art. 45.- territorial development programs are complementary documents and planning tools aim, the coordinated implementation of public actions in specific regions.
The scope of territorial development programs will vary, depending on the actions that are planned and may cover one or more micro regions or specific areas that fit
to the nature of the program to run. Content
Art. 46.- territorial development programs have at least:
1) Definition of the objectives to be achieved;
2) Justification for adaptation to planning tools planning and territorial development;
3) Delineation of its scope;
4) Description of actions, indicating for each:
B) implementation deadlines or priorities;
C) Authority responsible for implementation;
D) provided Budget;
E) Sources of financing.
5) territorial Justification of the proposed actions in relation to the basic dimensions of socio territorial system. Effects
Art. 47. The departmental and local management plans and establish territorial development land reserves necessary for the implementation of the actions foreseen in the
territorial development programs.
Territorial development programs may not include actions contrary to the provisions of the instruments of territorial planning national level. Any provisions shall be null incur this contradiction.
The planned investments in regional development programs be incorporated into the draft Law on State Budget.
Art Development. 48. It is for the National Council for Planning and Territorial Development and the Departmental Councils of Planning and Territorial Development, agree on the development of territorial development programs and send it through the President of the Republic to the Council of Ministers for approval
In the agreement that start given to the development of territorial development programs
the institution responsible for directing and institutions involved in the process will be determined.
Processing and approval Art. 49. Prepared the draft territorial development program will be submitted to the system of citizen participation and territorial consultation.
After the period of public and institutional information, and in view of the results thereof, the body responsible for drawing up the program draw the relevant proposal and forward it to the National Council for Planning and Territorial Development for its information and reporting.
The National Council shall forward the final text of the program by the President to the Cabinet for approval and legalization through an executive decree.
Art Review. 50. The review of territorial development programs will be conducted in accordance with the procedure laid down for approval.
TITLE VI GENERAL determinations processing, approval, REVISION AND UPDATING OF THE INSTRUMENTS
PLANNING AND PROGRAMMING CHAPTER
Art. 51. Once approved and ratified by Executive Decree by the National Council, the National Plan for Territorial Planning and Development and its determinations will be binding
other planning tools and actions and investments of all levels of public administration. The National Council of Territory will be responsible for ensuring compliance with this provision
Programming public actions contained in the National Plan will be incorporated into the project
Instruments departmental and local levels, shall show the proposed actions
in national plans and adapt them to the specific environmental, economic, social, cultural and productive conditions.
Instruments local departmental level and may propose changes to the instruments of national scope. These proposals for change or adaptation should be made by the body responsible, departmental council or committee to the higher court and will be ratified by
according to established procedures.
Processing and approval Art. 52.- Once formulated the proposals of planning and programming instruments, they will be submitted to the consultation process through the system and territorial citizen participation.
Finished this process, national or local authority, as appropriate, approve and legalize the consulted instruments, through executive decrees or municipal ordinances, according to the respective regulations.
All planning instruments should contain a communication strategy, dissemination and consultation
to the phases of development and approval of the plan.
Art Review and Update. 53. The review of all instruments of planning and scheduling system and territorial development, will take place following the same procedure for approval.
Update specific content that do not affect the lines set out in the National Policy Planning and Territorial Development, will be made by the procedure in each case established the National Council for Planning and Territorial Development.
TITLE VII NATIONAL SYSTEM OF INFORMATION AND INVOLVEMENT AND TERRITORIAL DEVELOPMENT MANAGEMENT CHAPTER I
National Land Information System
Art. 54. Create the National Territorial Information System (NTIS), which will consist of the contributions that provide the various institutions of the Public and Municipal Administration on its plans, programs, actions and other activities undertaken on the subject of Planning and | || Territorial Development.
In the departmental and local level bodies responsible for Planning and Territorial Development
will design and implement the tools to feed all the information resulting from their activities SNIT and also to be made available, the appropriate information for knowledge and decision-making over the territory and territorial impact projects.
The National Council for Planning and Territorial Development, develop and maintain permanently updated SNIT to ensure that information related to the Planning and Territorial Development
public access is timely to society generally.
Policy Monitoring and the National Plan for Territorial Planning and Development will take place
National Council of Territorial Planning and Development through the SNIT and compiled in a report on the status of the territory to be published each year, subject to the publication of other reports when deemed appropriate.
The National Land Information System contains a basic socio-territorial system of indicators to characterize synthetic and objectively the country in their various fields.
Specific indicators will be established according to the following topics: environment, quality of life, economic development and others as deemed appropriate to fulfill the functions of the system.
The planning and programming tools to develop, must use these indicators to characterize the initial situation, they have to estimate the impact of the plan or program
in relation to them, and provide for ; where appropriate, the complementary system of indicators to improve the evaluation and monitoring of socio territorial circumstances and the impact of the plan or program in question on them.
Environmental Impact Assessment
Art. 55. It is a set of actions and procedures that ensure that activities, works or projects that have a negative environmental impact on the environment or quality of life of the population, they are submitted from the preliminary stage to identify procedures
and quantify these impacts and recommend measures that prevent, mitigate, compensate or enhance; as appropriate, selecting the alternative that best ensures the protection of the environment.
Said evaluation shall be in accordance with the provisions of the Law on Environment and Environment and its regulations.
34 CHAPTER II CITIZEN PARTICIPATION, academic and business
Art. 56. All information arising from the management instances, national, departmental and local levels
is public and must be provided by these institutions when this is requested by the interested parties. The proposed plans and management plans approved and territorial development, should be made available to the public, academia and business,
publishing them so that they are easily accessible to stakeholders.
Art. 57. Prior to the approval of land use plans, they must be
subjected to at least two public consultations which must be called all citizens and business organizations related to the topic in the field terr corresponding itorial. The first consultation will take place for proposals and must be developed at least 150
business days before the plan is approved. The second public consultation will be held to receive comments on the final draft of the management plan and territorial development and should be held at least 25 working days before approval.
Art. 58.- institutions and regional development planning must incorporate into the regulations of this Act, the procedures that make effective implementation of Articles 56 and 57; and may add new forms and mechanisms of civic, academic and business participation. TITLE VIII
FINANCING SYSTEM CHAPTER UNICO
Art. 59. Funding for the institutional functioning of the national and departmental levels to fulfill the responsibilities assigned to them by this Act, shall be integrated into the general budget of the Republic.
Art. 60. Funding for territorial investment, providing for Territorial Development Plans, shall be ensured through coordination of public budgets
national government and local governments. TITLE IX
REGIME OF USE OF THE SOIL
CHAPTER I GENERAL RULES
Indemnity Art. 61.- be compensable any limitation of land use that prevents the continuity of uses or activities of an economic content that developing legally come before, always affirming the existence of an effective economic damage, according to the provisions
35 of this Law.
Are not included in this provision uses the sub-soil subject to specific licenses or concessions.
Zoning and Land Use Global
Art. 62.- The zoning of the national territory and determination of global land use is established through
1) The delimitation of areas where the territory is divided, for the purposes of applying
of this Law, distinguishing for this purpose:
a) urban areas, consolidated and unconsolidated: these include areas that
planning instruments included in this category, have the infrastructure and services of the nuclei urban or be occupied by the building in the form determined by regulation;
B) developable zones: Will those planning instruments classified thus susceptible consider and appropriate for urban transformation, in view of the urban development needs of the population;
C) Rural areas: comprises the total of rural areas with primary uses, including agricultural, agro-industrial and forestry activities;
And for which planning instruments, do not include its urban transformation; and
d) non-development zones: They consist of those areas that are excluded from possible urbanization or territorial transformation; because, to the protection of environmental services and natural values,
Productive, cultural, infrastructure protection or reserve, being classified as protected areas due to existence of limitations arising from the protection against natural ar isk, or any other
established by law, by treaties international or justified by planning instruments.
2) The location of infrastructure and equipment urban general to serve the entire territory and population, areas or higher.
Competence Order on Regulation of Land Use and Urban Development
Art. 63. Compete the Departmental Councils of Territorial Planning and Development and Municipal Councils in the corresponding field, regulation of land use and urban development in accordance with the following functions:
1) Develop development control functions, including the granting of planning referred to in this Act authorizations;
2) Encourage the development of the housing market, in terms consistent with the objectives, principles and actions set out in this Act;
3) Encourage the equitable distribution of burdens and benefits of planning tools among owners in units of action;
4) Acquire land to establish public land assets; and
5) Exercise public initiative when the terms and conditions set by the planning for the performance of individuals are violated according to the provisions of this Act.
Requirement Planning Art. 64. The actions carried out in the territory for urban development require prior approval of the competent authority based on the Municipal Plan of Territorial Planning and Development and, where applicable, partial plans. No authorization may be granted land use in the absence of planning tools.
Obtaining Land for Infrastructure and Equipment
Art. 65. Landowners in unconsolidated and urbanizing areas that intend to carry out the urban transformation of the same, urban areas should ensure the physical space for the amounts established by the Law on Urban Planning and Construction.
Specification and location of the aforementioned areas will be under consideration by the Departmental Councils of Planning and Territorial Development and the respective Municipal Councils
accordance with Article 63. Consolidated densification in urban areas.
Art. 66. Landowners in consolidated urban areas, seeking to carry out urban transformations which result in increased population density
must compensate the municipality as established by municipal zoning plans and development and partial territorial plans, the effects this cause in terms of traffic, solid waste generation, provision of basic services and new demands
publicly owned equipment; such as parks, schools and community services. Procedure and
Land Acquisition Art. 67.- The land for works of public utility and social interest and which form part of management plans and territorial, provincial or local development, they will be obtained through acquisition procedure established in the laws in force.
Local Funds Management Construction Works
Art. 68.- Corresponds to municipal governments manage their respective Local Works Construction Funds.
In the event of Municipalities to develop their skills in urban and rural development in partnership, funds for development works will be managed by the regional micro level institutions exercising the aforementioned municipal powers.
In the case referred to in the preceding paragraph, the National Council for Planning and Territorial Development will channel the necessary support, through such institutions at local and regional micro
Land Registry Art. 69.- The declaration of a protected area and which are subject to acquisition within the framework of planning and territorial development and completion of the due process; shall, in the corresponding register
Land Registry and Mortgages at the request of the competent Authority for Planning and Territorial Development, which will not cause any registry law.
The marginalization of immovable property in accordance with the provisions of the preceding paragraph, will invalidate the
Transfers and disposals of such property, unless they have met the requirements and formalities established in this law. CHAPTER II
OWNERS Rights and Obligations of owners
Art. 70. The rights and obligations of owners of land and buildings as follows:
1) The use of their land according to their nature and capacity to support sustainable use of their potential, without prejudice to their environment. The
land use limitations that prevent natural land use right to compensation; not including the use of sub-soil subject to specific licenses or concessions.
2) The building of their lands in the terms provided in the planning instruments, with the approval of the projects by the
competent authority as soon demonstrate compliance with its obligations regarding the urbanization of the same , implementation of the respective gifts of land and payment of fees, taxes and other taxes that apply in each case;
3) The owners of land in urban and urbanizing areas for which the instrument of planning include detailed order, will be entitled to building its soil as soon prove that they meet all
the requirements of the relevant plan;
4) The owners of land situated in unconsolidated urban and urbanizing areas for which the Municipal Plan of Territorial Planning and Development does not include a detailed order, should propose the corresponding Partial Plan
before the City Council, in the timeframes set the appropriate Municipal Management Plan and Territorial Development. While not said Partial Plan and the project or the projects will be approved; can not be performed, performance
any subdivision, development or construction;
5) owners of land included in unconsolidated urban or urbanizing areas
shall be obliged to carry out the development works and meet the fees and special contributions for each report. The execution of the development works may be made by the appropriate authority by
account of the forced owners, by agreement with the latter in which the amount of work and how is established that the owners forced ensure the payment of all investments;
6) The owners of land included in rural areas have the right to building them in accordance with what is established in the corresponding Municipal Plan of Territorial Planning and Development or Partial Plan, subject to approval of the project and
payment of the corresponding taxes; and
7) The owners of land included in non-urbanized areas, have the right to maintain and develop
land use and economic uses that are compatible with the conservation of environmental values that motivated their protection, always in accordance with the provisions of the planning instruments, and the
environmental or sectoral legislation that is applicable. When compatibility conditions set out in the planning impede the continuity of the uses come legally developed at the time of the approval of the Plan, the
owners shall be entitled to appropriate compensation under the provisions of this Act. it will not lead to compensation prohibition of uses that come not legally developed at the time of the approval of the respective
Plan. TITLE X
Penalty system CHAPTER I VIOLATIONS AND PENALTIES
Offenses relating to planning and territorial development
Art. 71.- Infringements concerning territorial planning and development, actions or omissions that violate or contravene this Act, regulations or ordinances and other applicable provisions in this area.
39 Legal Consequences
Infractions Art. 72. Any act or omission classified as a violation of this Act, may lead to the adoption of the following measures; without prejudice to the measures set out specifically in other legal or regulatory bodies:
1) The restoration of the infringed legal and physical reality altered or transformed as a result of illegal activity through the measures set out in the | || this Act;
2) The initiation of procedures for suspension and cancellation of administrative acts that allegedly
could invoke the act or illegal omission;
3) as appropriate for breach of administrative and criminal liability in
if any; and
4) Liability for compensation for damages caused and compensation for damages
by those who are declared responsible for them.
In any case the competent authority is required to take the necessary measures to be replenished by the offender affected assets and leave them in the state before the breach.
Restoration of legality and punishment of offenses
Art. 73.- measures restoration of legality are independent of sanctions whose imposition appropriate because of the commission of offenses described in this Law.
Classification of Infringements Art. 74.- Violations regarding territorial planning and development are classified as very serious and serious
Very serious infringements Art. 75. Very serious infringements:
1) affecting properties located in non-urbanized areas or areas declared protected by the planning instruments or legislation protecting environment and natural resources; as well as buildings for the implementation
or construction of infrastructure, public facilities and services and the public domain;
2) The total or partial breach of obligations by precautionary measures taken in the performance of the power protection of legality and restoring civil order disturbed;
3) The initiation of subdivisions or other physical works that damage an area undeveloped or declared protected areas, declared of public utility and social interest
Serious Violations Art. 76.- are serious infringements:
1) The acts and land transformation activities by performing developments, subdivisions, construction, constructions, buildings or facilities; without, approvals, authorizations or permits necessary
contravening the conditions of the granted unless the works have not specified any technical project legally and with little impact on urban, rural or natural environment. Be given this last proviso, the offense will be slight. Will in any case, the condition of grave breaches
consistent acts in earthworks and unauthorized felling of trees;
2) The implementation and development of applications incompatible with the provisions of instruments applicable planning and territorial development;
3) defaults during the execution of the plans,
duties and obligations imposed by this Act and under it, by planning instruments, or voluntarily assumed by agreement, unless remedied voluntarily after the first request made to that effect by the appropriate authority, in which case they will be minor infringements
4) The refusal or obstruction of the inspection task.
Responsible for violations Art. 77. In the developments, subdivisions, works, installations, facilities, buildings, or land use activities implemented or developed under illegal administrative acts, may be liable for the offenses for legal purposes:
1) Technical project managers or technical documents, if the projected works are incompatible with the plans under this Act;
2) The developers, builders and funders of developments, subdivisions, works or installations and the owners, managers or operators of establishments,
activities or uses; as well as technical directors of the works and their execution and managers of facilities;
3) The authority or official who has granted approvals, licenses or permits without the respective reports or against those issued unfavorably by reason of the infringement, members of collegial bodies have voted in favor of these approvals, licenses or permits under identical conditions and or
officials have informed favorably with knowledge of the violation of the legal order.
For the purposes of liability for the commission of offenses it shall be regarded as a promoter to the person or entity performing the works; as well as the owner of the property on which
is committed or has been committed the offense, when he has become aware of the works, installations, facilities, buildings, activities or infringing uses.
Aggravating Circumstances Art. 78.- Aggravating circumstances the responsibility of offenders concerning
Territorial planning and development, which are listed below:
1) avail to commit the offense of ownership of public office;
2) Using violence or any other form of coercion on the authority or public official responsible for compliance with the law;
3) Bribing even attempted to authority, public official or any member of the public or municipal administration or when exercising any force or coercion;
4) Altering the factual circumstances that allegedly legitimizing the act or omission, or through falsification of documents in which the legal basis for the act or omission
5) Build or exploit for personal gain or a third of grave public necessity
or the individual or individuals who are adversely affected;
6) Provide resistance to orders issued by the public or municipal administration
concerning the protection of legality or defective performance;
7) Committing the offense it is having been previously sanctioned by
final penalty for committing any of the offenses under this Act;
8) Persisting in the infringement after the initiation of the sanctioning proceeding under the provisions
All of the above in accordance with the procedure set out in this Act
Extenuating Circumstances.. | || Art. 79. There are circumstances which attenuates the responsibility of offenders:
1) The voluntary and spontaneous repair of damage caused before the start of any punitive administrative action;
2) The cessation of work or cessation of activity or use voluntarily after the warning
competent authority. Modifying circumstances
Responsibility Art. 80. There are circumstances which, in each case, may aggravate or mitigate responsibility:
1) more or less technical knowledge of the details of the performance, according to the regular occupation or business of the person responsible; and
2) more or less benefit from the offense or appropriate, having made without any consideration, the potential economic benefit arising thereof.
Sanctions Art. 81.- Infractions will be sanctioned with the following fines according to the value of the performance questioned
1) Serious offenses: up to 200 minimum monthly wages for trade;
2) Very serious offenses: up to 1000 minimum monthly wages for trade.
The amount of fines may be increased in accordance with the provisions of this Act
to the exclusion of economic benefit.
To establish appropriate sanctions, it should take into account the economic capacity of the offender
Accessory Punishment Art. 82. In addition to the fines mentioned in the previous article, those responsible for violations were acosta may impose the demolition of the offender works and buildings
carried out and appropriate compensation. Graduation
Sanctions Art. 83.- When infringement attendant circumstances, the fine is always imposed in its maximum degree. If concurriere any extenuating circumstances, the fine will be imposed on their
minimum degree. The same rules shall apply, as appropriate, when any or some of the mixed circumstances.
In developments or illegal subdivisions the amount of the fine may be increased to an amount equal to all the profit, plus damages caused. The amount of the fine will never be less than the difference between the initial value and the sale of the batches.
43 Independent Character
Sanctions Art. 84.- The fines to the various responsible are imposed for the same offense will; each other, independent character.
Offenses Art Contest. 85.- The penalties provided in this Act shall be applied without prejudice to the consecrated
in other laws, or civil, administrative or criminal actions as may be appropriate.
You can not be punished twice to the same person for the same performance.
When a single act or omission may constitute infringement under two or more regulations with will proceed pursuant to impose the most severe sanctions, including quantification of offenses under this Act, with the exclusion of economic benefit expected in the following article. Economic Benefit Exclusion
Art. 86. The actions constitute an offense under the provisions of this Act, may not result in economic benefit to the offender. When the sum of the fine and the cost of such replacement of goods and situations to their original state, arrojase a lower figure than this benefit, the amount of the fine will increase to the amount thereof.
In cases where the restoration of legality exigiere not any physical act or there are any injured party, the offender the fine imposed may not be less than the benefit obtained
Administrative Acts Art. 87. The administrative acts contrary to planning instruments provided for in this Act shall be deemed void.
The administrative acts that violate administrative approvals, authorizations and permits granted pursuant to law, are void.
In both cases, these acts can not create rights for their recipients.
Officials and public employees performing such administrative acts contrary to the provisions of this law, incur disciplinary and administrative responsibility, without prejudice to the civil, and criminal liability for environmental damages they cause to the Administration | || Municipal Public or as individuals.
In addition, public officials and employees who adopt
incur administrative responsibilities may be punished with fines provided for in this Act.
44 CHAPTER II
powers to impose sanctions Plans and Standards National Level, Departmental, Local or Protected Areas
Art. 88.- The competent authority to impose administrative for committing violations of the provisions of the Planning Instruments at National Level, Departmental or Local
sanctions; will the City Council or Municipal Councils, where they are located geographically the effect works infringement.
For offenses relating to conservation areas for environmental reasons, will be the Ministry in charge of environment and natural resources, following the procedure established in the respective law.
Liability Art. 89.- Civil liability for infringement may be required by the competent courts in civil matters within their respective jurisdiction, by natural or legal persons concerned. If in the case of damages in state assets, it will be the Attorney General of the Republic which shall perform the corresponding action. CHAPTER III PROCEDURE
Applicable Procedure Art. 90. When an authority of the national government, responsible for the application of penalties, the management procedure provided for in this Law.
When the Local Government is the competent authority for the application of a sanction, is shall apply the procedure set out in the municipal Code and municipal ordinances that each municipality issued in this respect.
Procedure Art. 91. The punitive administrative proceedings be initiated ex officio, by complaint or notice to the competent authority under the scope of planning and territorial development.
When the Ministry of Environment and Natural Resources, the Ministry of Public Works, the municipal councils and the Attorney General of the Republic, have knowledge by any means of the commission of a violation under this Act and the
corresponding municipal ordinances will proceed and prevention, to inspect the place or places where the offense was committed following a summons to the person or persons to whom the offense was atribuyere. The inspection lift that purpose, constitute proof of the commission of the same and the actions corresponding to the City Council or Municipal Councils will be forwarded.
Prior Art Performances. 92. Prior to the initiation of the sanctioning procedure may be made prior actions by officials of the competent authorities of Planning and Territorial Development, in order to determine preliminarily, the existence of circumstances that justify
penalty, notwithstanding the presumption of innocence.
Precautionary Measures Art. 93. The City Council or competent municipal councils, in coordination with the Attorney General of the Republic may order at any time from having knowledge of the
Alleged infringement, the adoption of precautionary measures to prevent the continuation of the same and limit potential damages.
The precautionary measures will have the necessary scope to achieve their purpose and may include plant closures; suspension construction processes; sealing machinery, active materials and utensils; and any others they deem necessary, according to the circumstances
duly supported. Instruction and Substantiation
Procedure Art. 94.- The proceedings would be ordered by a reasoned decision, which indicated at least, the following:
1) ordering official instruction stating the place and date of the resolution;
2) Appointment of the instructor of the procedure, acting by delegation and the secretary
actions will also have the powers Notifier;
3) Summary of the facts justifying instruction, class
infringement in question and the penalties that may correspond;
4) Indication of the right to view the proceedings, laws and other legal
motivations that justify the actions taken by the alleged infringer, presenting exculpatory evidence and the right to make use of the guarantees of due process;
5) The measures of precaution have been taken.
The decision ordering the investigation, the alleged infringer
observing the formalities established by the Code of Civil and Commercial Procedures be notified. In the act of notification will be given to the alleged infringer copy of that purpose lift and previous actions, if any.
Alleged infringers will have a period of ten working days from the day following the notification referred to in the preceding paragraph, to present the allegations, documents and information as they deem appropriate and propose the evidence of those who intend to become
assert and point out the facts that intend to try.
Precluded the related term in the preceding paragraph, it will open the proceedings tests within eight working days. Evidence Assessment
Art. 95. The reports of officials and agents of authority only constitute
principles or probative evidence, in cases that have occurred without citation of the alleged offender, during preliminaries of penalty procedures; in which case, they must be ratified for the corresponding valuation.
The test is evaluated in accordance with the rules of sound judgment, with power to determine in each case the facts to be taken by established, by examination or assessment thereof,
whatever their number and quality .
Judgment Art. 96. Upon completion of the test term, the competent authority shall render judgment within four working days, which will decide the imposition or not of appropriate administrative sanctions and reasons shall be given properly, resolving all issues raised by the parties.
Addition to the penalty, the offender shall be a reasonable time, if it be appropriate, in which shall remedy the violations that led to the penalty procedure and where appropriate
compensate the damage caused by them.
If the sentence is condemnatory, shall state the identity of the offender, evidence that
based, the legal provision infringed, if any recidivism and the respective sanction duly reasoned.
For purposes of qualifying recidivism, the sanctioning authority shall be the corresponding relationship.
Art Resource Review. 97.- notice of the judgment, the applicant will have a term of five working days from the notification
to review an appeal for reconsideration, reform or repeal.
The competent authority shall admit the appeal, which hear and resolve
car view, within fifteen working days.
In the case of municipalities, it will proceed under the Municipal Code and the corresponding ordinances
Judgment Art. 98. If not within the legal timeframe appear lodges the appeal against the judgment, it becomes final.
If the offender is condemn the payment of a fine in the judgment, it must be paid to the appropriate authority, as its scope, within the date of notification of the decision declaring seven working days to sign the sentence, for which the sanctioning authority
Competent extend the offender's command corresponding payment in the act of notification.
When obliged to pay the fine not done cash in the period specified in the preceding paragraph, the Departmental Committee, the Municipal Councils or the Attorney General of the Republic, at the request of the sanctioning authority, made effective by the executive way. To this end, the certification
judgment and declare that the firm resolution issued by the sanctioning authority, enforceable, the system can photocopy notarized, if necessary be used.
The delay in the payment of any fines to be applied pursuant to this Act shall accrue penalty interest the legally established tax obligations in arrears.
TITLE XI GENERAL PROVISIONS
Deadlines Art. 99. The deadlines established under this Act shall be understood to be in business days.
Development and Adaptation Plans of Local
Art. 100.- Municipalities proceed with the development and approval of development plans
Urban and Rural schemes Urban Development or within a maximum period of five years non-renewable, counted from the effective date of this Act.
the plans Hallen legally in force at the time of entry into force of this Act, be adapted to its content in the non-extendable maximum period of two years counted from that date.
After the deadline established in the previous paragraph, the competent authority for planning and territorial development proceed in accordance with the provisions of this Act
subsidiary development and approval of the relevant schemes Urban Development.
Authorization Regime Art. 101. Until Plans Urban and Rural Development and Urban Development Schemes under this Act are adopted, it shall be the competent authority for ordering and territorial development authorize the realization of developments or subdivisions in accordance with
to the provisions of the following paragraphs:
1) The execution of developments or subdivisions, may be authorized in all kinds of areas that are not already included in a protected area under the provisions of the plans in this law, environmental law, legislation protecting cultural or heritage
regulatory public infrastructure.
2) may be authorized developments or subdivisions in areas that do not meet the conditions required for
preventing natural risks.
Also be responsible to the Competent Authority for planning and territorial development
, the granting of construction permits in municipalities that do not have plans Urban and Rural Development and Urban Development Schemes approved under the provisions of this Act. These authorizations may be granted only in consolidated urban area and not
may involve subdivision.
In the municipalities within the scope of the Metropolitan Area of San Salvador and neighboring municipalities
continue to apply the jurisdictional rules provided by the Law Development and Territorial Planning of the Metropolitan Area of San Salvador and neighboring municipalities .
National Development Plan Planning and Territorial
Art. 102. The provisions of this Act, in relation to the instruments of Territorial Planning and Development with the exception of those relating to the procedure for drafting and approval
shall apply to instruments of homologous nature; where appropriate, any developed or approved Municipal Public Administration or before the effective date of this Act.
Repeal Art. 103.- Revoke all those provisions that contradict this Law.
Specialty Art. 104. This Act is of special character and prevail over any other provision that runs counter.
Transitory Art. 105. Within the period between the approval of this Act and the date of entry into force period, the resources necessary for the proper application of it will be allocated and draw up and approve the national and departmental plans. Effective
Art. 106. This Act shall come into force twelve months after its publication in the Journal
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the eleventh day of March in the year two thousand eleven.
OTHON Sigfrido Reyes Morales, president. CIRO
ZEPEDA PEÑA CRUZ, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE PRESIDENT SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, ALBERTO ROMERO ARMANDO RODRIGUEZ, THIRD VICE. FOURTH VICE.
FRANCISCO ROBERTO DURAN LORENZANA, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, CAESAR HUMBERTO GARCIA AGUILERA, First Secretary. Second Secretary.
ELIZARDO LOVO GONZÁLEZ, JOSÉ ROBERTO MUNGUÍA d'Aubuisson,
Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES,
QUINTA Secretariat. SIXTH Secretariat.
MARIO ALBERTO GUERRERO TENORIO,
seventh Secretary. NOTE:
In compliance with the provisions of Article 97, paragraph 3 of the Rules of Procedure of this organ of the State, notes that this Decree was returned with remarks by the President of the Republic, on April 4. 2011; solving this Legislature
not accept these observations, Plenary Session held on July 14 this year.
Elizardo Gonzalez Lovo,
PRESIDENTIAL HOUSE: San Salvador, on the twenty eighth day of July in the year two thousand eleven.
Published, Carlos Mauricio Funes Cartagena
, President of the Republic.
Zelayandía Gregorio Ernesto Cisneros,
Minister of the Interior.
OJ No. 143, Volume No. 392 Date: July 29, 2011.
JCH / Adar. 30-08-2011 TRANSITIONAL PROVISIONS
<TRANSITIONAL PROVISIONS IN WHICH BY EXTENDING A PERIOD OF FIVE YEARS
, THE PROVISIONS OF ART. 100 paragraphs 1 ° and 2 °. DL No. 402, 9 June 2016, OJ No. 115, T. 411, 22 JUNE 2016 (VENCE 06/22/2021)
GM 7/14/16 LEGISLATIVE INDEX