Advanced Search

Law And Territorial Development Management.

Original Language Title: LEY DE ORDENAMIENTO Y DESARROLLO TERRITORIAL.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 1

DECREE NO 644

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That according to the Constitution of the Republic, the State recognizes the human person as the origin and the end of the activity of the State that is

organized for the attainment of justice, security The Commission has been in the process of being a member of the European Parliament. production, productivity and rational utilization of resources; likewise

declares of social interest the protection, restoration, development and exploitation of natural resources and the construction of houses, roads, roads, (a) ways and works for the supply of water and electricity; guaranteeing the

economic freedom in what is not opposed to the social interest; the private initiative must be encouraged and protected under the conditions necessary for increase national wealth; and the right to the

private property is recognized and guaranteed social function; promoting the protection of economic associations that tend to increase national wealth through a better use of natural and human resources, in which the State, the Municipalities and the public utility entities. Establishes

the duty of mutual collaboration between the National Public Administration and the Local Government for the development of national plans, departmental or local planning and territorial development.

II. Salvador has signed and ratified several international instruments in the field of environmental, sustainable human development,

regional and international integration and trade that establish normative provisions related to the planning and territorial development.

III.-That El Salvador is a densely populated country population, with an important population growth and with processes of transformation in the uses of the territory that require the planning and concerted territorial management among the different

actors of the country.

IV. The need to create the appropriate legal framework that regulates the territorial system

and the institutionality that develops the territorial management of the public and private activity, taking into account norms of the rational use of the soil and the management of the resources with territorial location criteria.

V.-That the territory constitutes a resource that it is gradually becoming scarce for the purposes of human, economic and social development, on which there are

demands

such as urban development and human settlements; the construction of connectivity infrastructures and public services; the protection of wetlands and ecosystems of great importance for the conservation of biodiversity; the preservation of protected natural areas;

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 2

the need for areas for agricultural, agro-industrial and industrial production and all those who so warrant; in short, territorial situations that

demand their positive channeling and resolution in an orderly manner, in order to achieve legal certainty and the common good through the process of ordering and developing the territory.

VI.-That in order to make it easier for the property to social function and to ensure the necessary effectiveness and efficiency of the action of the Public Administration

and Municipal in matter of management and territorial development must be viable the sectoral coordination of the actions in the the territory and the actions of the different levels of the Administration and of it with the society.

VII.-In the framework of the established by the Constitution and the environmental regime, the process of territorial planning and development, as well as the rural and urban planning

land ownership, will ensure the achievement of the objectives of environmental and territorial sustainability, of efficiency and competitiveness, which constitute essential basis of the sustainable development of the country, impacting the partner imbalances

territorial, making for this the necessary public investment that encourage private investment.

BY TANTO,

in use of its Constitutional powers and at the initiative of the Deputies Mario Antonio Ponce López, Santos Guevara Ramos, Orlando Arevalo, Santos Adelmo Rivas and the former deputies Jesus Grande, Abilio Bonilla Bonilla, Ana Elda Flores de Reyna, Rafael Enrique Guerra Alarcon e Hipolito Baltazar

Rodriguez.

DECRETA, the following:

TERRITORIAL DEVELOPMENT AND ORDERING LAW

TITLE I GENERAL PROVISIONS

Object of Law

Art. 1.- This Law aims to develop the related Constitutional principles

with territorial planning and development; to establish the provisions that will govern the processes of territorial planning and development; enumerate the guiding principles of public and municipal administration; organize the institutionality that the Law and its functions will implement; regulate the instruments

of planning, programming, evaluation and territorial management; thus as, the sanctioning regime applicable to the violation of its provisions.

Law Enforcement Finality and Scope

Art. 2.- This Law is intended to strengthen the institutional capacity of the State to order the use of the territory and to direct the public and private investments necessary to reach the

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 3

sustainable development; as well as normalizing, an intermediate space for coordination between national and local government levels.

The scope of application of territorial planning and development includes:

1) Land use according to its vocation.

2) Territorial connectivity and connection of services basic in the settlements

humans.

3) The protection and conservation of natural resources.

4) The protection and conservation of cultural and archaeological heritage.

Gender language

Art. 3.- The words Secretary, Minister, Mayor, Official, employee and other similar ones

contained in this Law, which apply to the male gender, will be understood interchangeably, to the male and female gender according to the gender of the the holder or the person to whom the reference is made. The above, in accordance with the Constitution of the Republic, International Treaties and existing secondary legislation.

Definitions

Art. 4.- For the purposes of this Law, territorial planning and development shall be understood:

Territorial Ordinance

The State policy that aims to guide the spatial reference framework, by means of processes of planning and territorial management in a comprehensive and concerted way, for public investment

and the development of the various human activities in the territory with an emphasis on the connectivity and the services to be provided to the human settlements, productive activities and the protection of natural resources; with watershed approach, city system, economic development and partner

cultural, having as the center the development and well-being of the human person.

Territorial Development

It is the process that fosters harmony between the the welfare of the population, the use of the territory, the conservation and protection of natural resources and the promotion of productive activities, which

has as its main objective the improvement in the quality of life of the population, under a sustainability approach.

Principles

Art. 5.- The action of the Public and Municipal Administration in matters of territorial planning and development, will be developed according to the following principles:

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 4

1. Integrality

The actions in territorial planning and development must be evaluated and resolved according to an integrated approach, which considers respect for private property, investment promotion, social equity, territorial cohesion and that you can balance the set of

aspects or dimensions of the system in a balanced way.

2. Citizen participation

The participation of the social sectors and the citizens is guaranteed, through the mechanisms provided for by the Law, in the formulation, execution and evaluation of the instruments of management and

territorial development.

3. Gender equity

Planning, management and all instruments that promote this Law must ensure equal opportunities for women and men in the enjoyment of all rights and not

discrimination by gender reasons.

4. Environmental sustainability

Decisions affecting the territory must ensure the rational use of natural resources, as well as the protection, conservation and improvement of natural resources for the benefit of present and future generations, especially respecting the ecosystems that serve as interconnections between the corridors

biological.

5. Comprehensive Risk Management

The process of territorial planning and development, will contribute primarily to actions for the prevention, mitigation and attention of disasters arising from natural threats and alterations.

of anthropogenic origin.

6. Sustainable Development

The formulation and implementation of the instruments of territorial planning and development, will enhance the sustainable use of the resources that the different geographical areas of the country can

provide the economic agents.

7. Coordination and institutional collaboration

For the implementation of this Law, collaboration and coordinated action in the territory of the different entities of the Central Government will be necessary with each other and with the governments Local.

8. Concertation

Decisions affecting the territory must be taken by prior procedures of

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 5

information and citizen and institutional participation, which favor agreements between the different levels of government with the inhabitants, businesses and civil society organizations, which should

reflected

their conception in all planning instruments for territorial planning and development.

9. Social integration

The territorial action of the Public and Municipal Administration must favor the inclusion, improvement

of quality of life and the development of the most vulnerable human settlements of the Salvadoran population, developing human and social capital.

10. Solidarity

The territorial action of the Public and Municipal Administration, must favor the equality of

opportunities, trying to facilitate to the whole of the Salvadoran population opportunities to integrate fully to productive systems of social development and access to public goods and services, stimulating the particular competitiveness of each territorial area according to its potential.

11. Efficiency and effectiveness

The use of natural and territorial resources will be carried out with rationality and with an impact

or consumption of resources that are proportional to the socio-economic needs to be met, guaranteeing mechanisms for compensation of the affected resources, seeking the correct attention to the economic, social and cultural needs of the population. The actions of the Administration

Public and Municipal on the territory, must be carried out with strict application of the technical orientations of the territorial plans.

12. Subsidiarity

The intervention of the Public and Municipal Administration in development processes is justified

when the action of local individuals or governments is not enough to satisfy the common good; of the State, must be carried out at the institutional level most closely linked to the territory and if this is insufficient, the other levels of the Public and Municipal Administration will intervene.

13. Competitiveness

The territorial action of the Public and Municipal Administration must promote the full exploitation of the territorial vocations, according to its resources: soil, water, climate, vegetation, landscape; their cultural and human resources, through actions

conducive to local, departmental, national and integration development for international competitiveness.

14. Access to information

All the information on the various instruments of territorial planning and development since its formulation, its different phases of execution, evaluation and monitoring, will be of a public nature

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 6

ensuring its timely dissemination.

15. Democratic Governance

Decisions affecting the territory will be taken on the basis of the established policies of dialogue,

of consultation, participation, transparency in public management and respect for order legal, thus ensuring the dynamic balance between citizens ' demands and the capacity to respond to the state and between different levels of government.

16. Graduality

The action of territorial planning and development is a process that must be implemented gradually by the public and municipal administration, according to local realities, institutional capacities and the aims of the sustainability with population needs.

TITLE II TERRITORIAL SCOPES

CHAPTER I TERRITORIAL SCOPES

Territorial Areas

Art. 6.- For the purposes of this Law, they are territorial areas for the planning of the

territorial planning and development, the national scope, the departmental field and the local area; understanding the latter, the Municipalities and the micro regions as a product of the municipal associativity.

The different levels of the Public and Municipal Administration, are obliged to comply and to ensure the timely and proper implementation of the instruments of management 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.

Department Areas

Art. 8.- For the purposes of territorial planning and development, the departments regulated in

Article 1 of the Law of the Political Regime, are the areas from which the departmental strategies of the ordering and territorial development.

Local Scope

Art. 9.- For the purposes of territorial planning and development, the local area is the geographical area of the different Municipalities.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 7

The Municipalities will be able to organize into associations of Municipalities that will constitute the micro regional.

The Departments

Art. 10.- The departments may be organized in microregions, based on the free association of the Municipalities and these will have their own plans of territorial planning.

Of the Modification in the Conformation of the Micro Regions

Art. 11.- The Municipalities may request the change of micro-region to the Departmental entity, in

base to the procedures defined in the regulation of this Law.

Once the change is approved, it will have to be enforced and update of all

the instruments of this Law and inform the national entity.

CHAPTER II

INSTITUTIONAL ORGANIZATION FOR SPATIAL PLANNING AND DEVELOPMENT

Characteristics of the Organization

Art. 12.- The institutions that will implement this Law must ensure the presence and coordinated involvement of the Executive Body's bodies in the territory, articulating the decision

of decisions and actions, permanent and equitable with 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) The departmental Councils of Planning and Territorial Development.

3) Municipal Councils and the associations of municipalities, which are conformed for purposes

of territorial planning and development.

The institutional organization will be committed to sustainable development; will make the

decentralization, efficiency Institutional and municipal associativity, for integral local development, effectively and efficiently using available resources, promoting citizen and business participation.

National Council for Ordering and Development Territorial

Art. 14.- The National Council for Ordering And Territorial Development is created which will be a

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 8

independent entity, with legal status and own assets, as the institution of the public and municipal administration in matters related to territorial planning and development. It will be related to

with the Executive Body through the Presidency of the Republic.

Its patrimony will be made up of the allocations that are included in the Budget Law

General of the State and Special Budgets, for effects of the fulfillment of its purposes and its functionality.

The National Council of Territorial Planning and Development, will be composed of:

1) A delegate of the President of the Republic, who will be his legal representative.

2) The Technical Secretary of the Presidency.

3) The Minister of Environment and Resources Natural.

4) The Minister of Public Works, Transport and Housing and Urban Development.

5) The Minister of Health.

6) The Minister of Agriculture and Livestock.

7) Three mayors elected by the board of directors the Corporation of Municipalities of the Republic of El Salvador.

He will act as President of the Council, the delegate of the President of the Republic.

Each member of the Council will appoint his alternate, who will attend the sessions with voice and voting when replacing the titular member. The alternates of the Mayors referred to in the numeral 7 of this article will also be elected by the directory of the Corporation of Municipalities of

the Republic of El Salvador.

National Ordinance and Territorial Development

Art. 15.- They are the privileges of the National Council of Territorial Planning and Development, the following:

1) Formulate the draft of the National Policy of Territorial Planning and Development, according to this Law and once approved, To promote its implementation.

2) Coordinate and promote the formulation and implementation of the instruments of territorial planning and development, of the national scope referred to in this Law.

3) adaptation of the major national impact infrastructure projects, taking into account the guidelines set out in the National Planning and Territorial Development Plan and prevent its adequacy when it is

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 9

from.

4) To promote the creation of the National System of Territorial Information, at the different levels of the territorial areas with the collaboration of the National Registry Center, being able to share the resources that are necessary for the The objectives

of this Law.

5) Formulate the draft budget of the National Planning and Development Plan

Territorial. 6) Require from the different ministries of central government the breakdown of their budgets

annual public investment in the different departmental areas, in order to prioritize the strategic investment for the Regional planning and development, strengthening departmental and local capacities.

7) Promoting decentralization, municipal autonomy, freedom of association and local development.

8) Foster consultation processes citizen.

9) Develop the operating regulations necessary for the compliance with the

already established privileges and other provisions of this Law.

Territorial Planning and Development Councils

Art. 16.- The departmental Councils of Territorial Planning and Development are created, which will be the governing bodies of the public and municipal administration in each Department in the fields

related to the territorial development, which will be attached to the National Council for Spatial Planning and Development.

The departmental councils will be integrated by:

1) A delegate of the Technical Secretariat of the Presidency of the Republic and its alternate.

2) Owners and their respective alternates, of:

a) The Ministry of Environment and Natural Resources;

b) The Ministry of Agriculture and Livestock;

c) The Ministry of Public Health and Social Care;

d) The Ministry of Public Works, Transport and Housing and Development Urban;

e) The National Administration of Aqueducts and Sewers.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 10

3) Six Mayors of the Municipalities of the Department and their respective alternates; of the which, one of them will be the coordinator of the Departmental Council.

The delegates of the ministries, will have the capacity to decide on the aspects corresponding to their institution, in the framework of the activities established in the Plans

The Departments and Territorial Development of the Departments; shall carry out their duties on a permanent basis and shall not bear any remuneration for their participation in the Council.

For the decision of the Council, in respect of its powers under Article 17 of the This Law, with the exception of those related to administrative aspects, must necessarily, at least three votes, of the Mayors to form a simple majority.

The Mayors that will integrate the departmental Councils of Regional Planning and Development, will be elected among the mayors and mayors of each department, in a proportional manner

to the number of votes it has obtained for municipal councils of the department, each Political Institute that has accredited mayors in the department, according to the corresponding record that has been authorized the Supreme Electoral Tribunal. The six mayors who are elected in turn will elect the Vice

Coordinator of the Departmental Council of Territorial Planning and Development.

For the purposes of the previous paragraph, the total valid votes obtained from Departmental level for Municipal Councils, will be divided among the number of 6 mayors that make up the Departmental Council

of Territorial Planning and Development, thus obtaining the electoral quotient. Determined this, the Political Institutes will have as many representatives as this content the electoral quotient, in the number of votes that the Political Institute has obtained in the constituencies corresponding to each

department.

If one or more Mayors are missing to allocate from the total of the Departmental Council members

of Territorial Planning and Development, the allocation will be done in favor of the political institutes in the order of decreasing the figure residual from voting, to completing the number of six members.

Powers of the Departmental and Territorial Development Councils

Art. 17.- The Territorial Planning and Development Councils will have the

following attributions:

1) Formulate, coordinate and drive the execution of the departmental strategy of

ordering and development territorial.

2) Formulate, monitor and evaluate the planning, programming and management tools

of territorial planning and development at departmental level.

3) Contry, review and approve studies oriented to the formulation of the plans of

planning and territorial development micro Regional.

4) Coordinate the formulation of the departmental and micro regional planning and territorial development plans, in accordance with the guidelines of the National Plan and the

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 11

National Development Council's territorial planning and development strategy Territorial and in territorial consultation, to ensure its coherence with the other

instruments.

5) To reconcile and harmonize the plans of local planning and development, formulated by the

Municipalities or associations of municipalities, with the forecasts of the plan of regional planning and territorial micro-regional development.

6) To provide timely and effective information, to the sectors concerned and to the general public, through various means of communication, the planning and territorial development plans that correspond to them and other relevant information.

7) Encourage the participation of representatives of regional public bodies and of the Municipal Governments and of the private institutions and of cooperation with presence

in the territory, in the territorial consultations.

8) To present the plans of the departmental and micro regional planning and development, to the

National Council for Territorial Development.

9) Conforming technical instances for the formulation and execution of the planning instruments, and also the appointment of the departmental technical team

.

10) Develop your annual budget project to present to the National Council of

Planning and Territorial Development.

11) Manage your operating budget.

12) Driving the National Public Administration in the realization of its own sectoral activities in the departmental field, to ensure the execution

and to achieve the goals and objectives of the plans of management and territorial development.

13) Know the work plans of the different public institutions and cooperation

in departmental scope and make recommendations for its harmonisation with the goals and objectives of the departmental and micro regional planning and development plans.

14) Create and maintain an up-to-date information system on the plans of territorial planning and development and other public documentation for the agile and timely use of the

citizenship, linked to the National System of Territorial Information.

15) Encourage and support associativity municipal.

16) Provide assistance to Municipal Councils or associations of Municipalities in the development of their municipal, micro-regional and partial planning and territorial development plans, when requested.

___________________________________________________________________ INDEX LEGISLATIVE

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 12

17) Develop an annual proposal for investment in road infrastructure and equipment health

and education of required departmental interest to central government agencies for the National Council to manage.

Local Scope

Art. 18.- In the Local area, the authority responsible for the implementation of everything

concerning the territorial planning and development, will be the Municipal Councils, either individually or in association.

Regional

Art. 19.- For the purposes of territorial planning and development the Municipal Councils, will be able

to create micro regional associations according to the following procedure:

1) The Municipal Councils interested, will issue the agreement To be part of

regional micro-regional association.

2) To issue the Municipal Councils concerned, the corresponding special ordinance of regional planning and development where the respective functions are delegated to the

micro-regional association.

3) Create a Regional Council Micro-Council Municipal, according to the ordinance

special.

4) The micro-regional association, will create the regional micro regional management office

and territorial development.

5) Once the micro-regional association is established, they will inform the Departmental Council

of Regional planning and development, for the ensuing effects. Privileges

Art. 20.- The Municipal Governments individually or in association with the Departmental field, with respect to of the established instruments and territorial development, will have the following attributions:

1) Coordinate e To promote the formulation, approval and implementation of the following Local Plans:

a) Municipal or micro regional planning and territorial development plans.

b) Partial plans and municipal schemes.

2) legal status to the plans by means of municipal ordinances.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 13

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 the micro region to the forecasts of the corresponding departmental plan.

5) Submit local plans, ordinances and their amendments to a comprehensive process of disclosure and consultation in accordance with Title IX of the Municipal Code and this Law.

6) Know and decide on the adequacy of local plans to infrastructure projects of national and departmental importance.

7) Ensure the preservation of the reserve areas established in the plans of

8) To provide the processing services and permits for construction, urbanization and self-reporting directly or through the Departmental Committee of Ordering and Development

Territorial, prior to establishing contracts or conventions.

9) Comply with the other territorial management and development privileges established in the current secondary legislation.

Technical Teams

Art. 21.- The national and departmental Council, according to the complexity of its powers and competences, will have a team of professionals, who will give them technical support in the exercise of their actions; which, will be integrated by:

1) A territorial planning professional;

2) An environmental science professional;

3) A seismology professional;

4) A geology professional;

5) A sociology professional;

6) A professional legal sciences;

7) A professional in the economic sciences;

8) Administrative support staff.

In the case of the National Council, an archaeological science professional will also be counted.

___________________________________________________________________ INDEX LEGISLATIVE

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 14

TITLE III THE PLANNING AND TERRITORIAL DEVELOPMENT PLANNING SYSTEM

CHAPTER I SPATIAL PLANNING AND DEVELOPMENT SYSTEM INSTRUMENTS

Territorial Ordering System

Art. 22.- For the purposes of this Law, the System of Territorial Planning and Development shall be composed of the following instruments:

1) The National Policy of Territorial Planning and Development.

2) Territorial Planning.

At the national and departmental level:

a) The National Planning and Territorial Development Plan; b) The Strategies and Departmental Planning and Development Plans

Territorial; c) The Plans Territorial Special.

At the local and micro-regional scope:

a) The Plans Municipal or Micro-Regional Planning and Local Development; (b) Rural Urban Development Plans; (c) Stop Plans.

3) Programming Instruments consisting of Territorial Development Programs.

4) Analysis, Evaluation and Participation Instruments:

a) The National System of Territorial Information;

b) The Territorial Impact Assessment System; c) The System of Citizen Participation and Territorial Consultation.

Elaboration and Approval of the Territorial Planning and Development Instruments

Art. 23.- The elaboration and approval of the instruments of territorial planning and development

will be carried out as follows:

1) The National Council of Ordering and Territorial Development, will develop the National Policy

of Territorial Planning and Development and will propose it for consideration by the Presidency of the Republic for approval by the Council of Ministers.

2) The National Council for Territorial Planning and Development, develop and approve the

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 15

national instruments of territorial planning and development; after which manage the issuance of the Executive Decrees, as follows:

a) of the National Planning and Territorial Development Plan;

b) of the National Territorial Information System;

c) of the Impact Assessment System territorial;

d) The system of citizen participation and territorial consultation;

e) Of the Territorial Special Plans.

3) The Territorial Planning and Development Instruments

will be developed by the departmental Councils of Territorial Planning and Development together with the with the corresponding Local Governments, and will be presented to the National Council on Territorial Planning and Development, after which, this

will perform the corresponding procedure to be issued as Executive Decrees.

4) Local and micro regional instruments will be developed by the municipalities Corresponding to the departmental plans and the principles

established by this Law; after being approved by the Municipal Councils, the respective municipal ordinances must be issued for their compulsory compliance.

CHAPTER II NATIONAL PLANNING AND TERRITORIAL DEVELOPMENT POLICY

National Policy on Planning and Territorial Development

Art. 24.- The National Policy of Planning and Territorial Development within the framework provided for in Article 2 of this Law, is the strategic orientation of the institutional action that aims, the achievement of a harmonious relationship, balanced, sustainable and safe, between society and the

territory, that favors the quality of life of the population, the utilization of the productive potentialities of the partner-territorial system and integration in the regional context and

The National Council for Planning and Territorial Development will formulate the of the National Policy of Planning and Territorial Development, which will be proposed to the Presidency of the Republic, to submit it to the approval of the Council of Ministers, as established by the 8th ordinal

of article 167 of the Constitution.

This policy will serve as a basis for the design of the National Plan for Ordering and Development

Territorial, which will guide the actions of the Public and Municipal Administration and will set the main guidelines from of which the various actions and instruments of public action must be concretize the territory.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 16

The implementation of the National Policy on Spatial Planning and Development will carry out the necessary instruments and regulations necessary for the implementation of the present

Law.

TITLE IV

PLANNING AND TERRITORIAL DEVELOPMENT SYSTEM PLANNING INSTRUMENTS

CHAPTER I NATIONAL PLANNING AND TERRITORIAL DEVELOPMENT PLAN

Definition

Art. 25.- The National Planning and Territorial Development Plan is the instrument that contains:

The identification of problems and opportunities; the expression of the basic principles from which the actions in question must be developed territorial policy; the proposed actions to strengthen and modernize the institutional capacities of the State in the field; the formulation

of the basic objectives and the criteria of intervention; the identification of the territorial areas on which the territorial policy is to be established and the guidelines needed to define and target that policy and to set its function within the state policy set.

This is the highest hierarchy planning instrument, which aims to set the great guidelines of the territorial order and development arising from the National Policy and this Law, constituting itself in the basic instrument through which the Public Administration and

Municipal and the agencies institutions, they intervene in an integral way in the national territory, in the processes of ordering

This instrument promotes working in an integral way in improving sustainability, competitiveness, environmental safety and in addition to the quality of life of the population, giving the appropriate response to Take advantage of the challenges and opportunities of sustainable development in the national territory.

Content

Art. 26.- The National Plan will contain:

1) Determinants of the strategy and the territorial model that is proposed;

territorial structure at national level, economic activity centers, strategic projects, motor areas, and development axes, urban system, transport corridors and infrastructures, natural space system, biological corridors and

environmental, sanitation and environmental quality, recreational and tourist areas and equipment, integration and modernization of rural structures and activities.

2) Strategy and guidelines for the integration of Territorial Policy into the Central American regional framework.

3) Strategy and guidelines for territorial or departmental systems for purposes

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 17

of the schedule. 4) Territorial Strategy and Guidelines on Water Resources Management.

5) Territorial Strategy and Guidelines for the Protection and Management of Natural Resources and Biodiversity.

6) Strategy and (i) regional development in the field of urban development and the urban improvement of the population.

7) Territorial strategy and territorial guidelines for rural development in relation to population and production.

8) Strategy and guidelines for the prevention and mitigation of natural hazards.

9) Strategy and guidelines on the treatment and management of urban, industrial and special waste.

10) Strategy and guidelines on transport infrastructure and logistics, and on the other systems infrastructure.

11) Territorial strategy and guidelines in relation to location and development of spaces

and economic activities and strategic projects at departmental and national level.

12) Strategy and territorial guidelines for the use of the territory and its resources

as a basis for the country's socio-economic integration and modernization.

For each of the subjects referred to in the previous numerals, the National Plan must

meet the following requirements:

1) diagnosis of the current situation and analyze the processes and trends

predominant, pointing out the relevant problems and opportunities.

2) It will point out the corresponding lines of action, guidelines, criteria or delimitations,

justifying its consistency with the proposed territorial model.

3) Set the forecasts that are necessary in relation to the administrative framework

and institutional, in order to guarantee the effectiveness of the forecasts of the Plan and the inter-administrative coordination.

4) Procedures for approval, review, evaluation and updating of the plan and its instruments.

5) Budget and prioritization of plan proposals.

6) Procedure for the implementation of an approach with equity gender.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 18

CHAPTER II DEPARTMENTAL STRATEGIES

Definition

Art. 27.- The departmental strategies constitute the instruments through which the strategic guidelines of the policy and the national plan are developed in the departmental field, taking into account the objectives of the quality of life and sustainability of development processes.

Objectives

Art. 28.-The strategies are the territorial planning instruments that pursue the following objectives:

1) Establish coherence between national sectoral and departmental policies, to achieve more

2) Strengthen the departmental community with a vision of the future and agree on the main intermediate objectives.

3) Facilitate the National and Local Government, the agreement on priorities of financing

and international cooperation.

4) Improving the coherence and synergy between public initiatives and private investments and

establishing the framework for action in each sector.

5) Generating a process of citizen participation in the origin, validation, control and

evaluation of public projects in each department.

6) Take into account explicit considerations of the dimensions of the system

territorial partner with special attention on the environmental dimension.

7) Integrate the system the strategic elements that have emerged from the micro-regions and municipalities.

8) economic development projects for each of the departments.

Content

Art. 29.- The departmental strategy shall contain as basic content the following:

1) Departmental diagnosis in its different political-administrative, demographic, physical, environmental, social, economic and cultural dimensions; also the

major challenges facing the department in the future.

2) The sustainable development proposal that is expressed through:

___________________________________________________________________ INDEX LEGISLATIVE

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 19

a) Future vision or target image and its guiding principles;

b) territories subject to planning;

c) Strategic objectives, including general and objective guidelines

specific; and

d) A set of preliminary strategic actions.

3) The management proposal, which points out the main contents and characteristics of the elements to be present in the design and execution of the management stages, dissemination

and evaluation of the strategy, aspects inherent in the departmental development planning process.

4) The set of programmes and plans of a strategic nature and that Therefore, they must cross transversely the defined strategic lines, as well as the sectorial and territorial areas, constituting a set of actions of an institutional nature

and territorial that benefit, most of them and to the entire department under study.

5) Proposal for a public investment program for the execution of departmental strategies.

The above information will be a reference framework for defining projects that will be presented to the citizenry for evaluation and validation, in order to achieve their commitment to

the instrument and once the territorial consultation has been carried out, it will be delivered to the Executive Body for integration in the general budget of the State.

CHAPTER III DEPARTMENTAL PLANS OF MANAGEMENT AND DEVELOPMENT TERRITORIAL

Definition

Art. 30.- The departmental plans of territorial planning and development, are the instruments

of planning that aim to normalize the organization of the public and private activities in the territory, necessary to reach the sustainable development according to the territorial characteristics in its dimensions: environmental, social, economic, rural, urban, infrastructural and

institutional, covering the municipal boundaries that make up the department.

The departmental and development plans territorial development at scale

departmental, the contents of the national plan and the guidelines of the departmental strategy, the processes of development and the regulation of the activities and the use of the soil in the processes of development urban, rural, and protected areas.

Content

Art.31.-The departmental plans for spatial planning and development will contain

___________________________________________________________________ INDEX LEGISLATIVE

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 20

basically a diagnosis that allows to establish the basic characterization of its scope, the integration in the departmental partner-territorial system and in its relevant processes and policies the analysis of

problems and opportunities that serve as the basis for the formulation of these plans. The departmental plans should be considered the principle of gender equity and contain the following:

1) Strategic environmental assessment;

2) Forward-looking planning for the territory that develops modelling scenarios and

your goals and management indicators;

3) The territorial planning and development strategy;

4) The identification, prevention and mitigation of natural hazards;

5) The strategy and programming of activities and actions in the field of socio-economic development;

6) The distribution scheme geographical uses and activities that have a structuring character or introduce basic conditions in the territorial model;

7) The guidelines for conservation, improvement and development of the rural environment;

8) The delimitation of areas protect for their environmental services or natural, cultural, productive or forest values; establishing standards of protection or guidelines for

the elaboration of specialized planning, with special emphasis on the protection of water resources such as surface sources, aquifer recharge zones and manta subways;

9) The development of the city system, indicating core areas and areas of urban concentration and economic activity or services;

10) Urban development schemes formulated for low-density areas Relative demographic and limited urban dynamics, in order to order consolidation and

expansion of existing cores;

11) The determination and localization of infrastructure and structuring equipment;

12) The marking of minimum equipment and infrastructure facilities for improvement Environment to include in the local planning and determination of the

location of the micro-regional character;

13) 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.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 21

CHAPTER IV TERRITORIAL SPECIAL PLANS

Definition

Art. 32.- The territorial special plans are the instruments of intervention on the territory, through the planning of the territorial dimension of a single sector or group of sectors or the realization of sectoral actions without having to integral way over the territory, as well as the ordering of

areas of protection.

They will have the consideration of territorial special plans:

1) The plans elaborated for the realization and integration of actions on the territory, whether public or private, of a given sector or the sectoral intervention.

2) The plans drawn up or approved by the Public and Municipal Administration in the matters to be established in the regulation of this Law, which do not carry out

direct management functions territorial, but have an important impact on the structuring of the territories on which they fall.

3) The instruments intended to program actions of a specific sector in a

territorial scope.

4) The Special Plans may be national, departmental or have a scope

itself depending on the needs of the sector concerned or the area of protection. When referring to areas under special administration the scope will coincide with that of this area.

They will include, in addition to the requirements contained in the sectoral legislation, the following determinations:

1) Identification of the sector and of the strategic objectives and programmes that give rise to or base the territorial actions to be carried out.

2) Delimitation of the spatial scope directly or indirectly affected by the proposed actions. In the case of protection zone plans, they can be established,

justifiably peripheral protection zones.

3) Analysis of the territorial component of the sector or scope of protection in its dimensions

institutional, environmental, urban, infrastructure, social and economic relations, pointing out the relations with territorial planning and urban or rural development.

4) Criteria for coordination with other sectors and with the general and special framework of the territorial order.

5) Cover other content required by the legislation

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 22

In the case of Special Plans for protection areas, they will include:

1) Regulatory standards for productive, recreational or educational activities, including the compatibility of protection objectives or improvement with rural development, taking advantage of the potential of the area.

2) Guidelines for integration of local planning and management plans.

If these plans include the programming of actions, shall be indicated for each of them:

1) Localization;

2) Plazos or priorities for execution;

3) Organ responsible for execution;

4) Expected budget;

5) Sources of

CHAPTER V LOCAL AND MICRO REGIONAL PLANNING INSTRUMENTS

Definition

Art. 33.- The municipal and micro regional planning and territorial development plans, have

for object the integral system of the territory at the local level to channel the processes of urban development, rural and areas of protection regulated in this Law, establishing a detailed regulation of the urban development process.

The scope of these plans may be municipal and micro-regional, always encompassing complete Municipalities.

Content

Art. 34.- The municipal and micro regional planning and territorial development plans, will basically contain a diagnosis that allows to establish the basic characterization of their scope, integration in the departmental partner-territorial system, its relevant processes and policies and analysis

of problems and opportunities that serve as the basis for the formulation of such plans. In these plans, the principle of gender equity must be considered and contain the following provisions:

1) The municipal territory is divided into the following areas:

a) Urban areas: Understanding the areas with the infrastructure and services of the urban core or are occupied by building

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 23

in the form provided for in this article. Urban areas may be consolidated and unconsolidated, as follows:

I) Consolidated urban areas: urban areas with infrastructure and road services, lighting,

supply will have this nature. water evacuation and sanitation, with sufficient characteristics to serve the area as a whole, servicing a proportion of its surface not less than the percentage that

regulatively establishes.

II) Zones unconsolidated urban: They will have this nature that they have

with edification when in spite of not having the infrastructure and services referred to in the previous heading, the density of built-up land reaches at least the percentage that will be regulated by the regulations

be established.

b) the plans of management and development

to classify in this way as being susceptible and appropriate for their urban transformations, in attention to the needs of urban development of the population.

I) Special areas for housing of social interest: Spaces to develop housing for households with lower economic resources, with special housing density requirements, infrastructure

of basic services and equipment. These areas will have a special regulation.

c) Rural areas: They understand the rural area as a whole with primary use and for which its urban transformation is not contemplated in the short and medium term.

d) urbanizables: They are constituted by those areas that are excluded from possible processes of urbanization or territorial transformation in reason of the

protection of the environmental services they provide and their natural, productive values, cultural, protection or infrastructure reserve, the existence of limitations arising from protection against natural hazards or

any other established by law or justifiably, by the planning instruments.

2) Localization of public services and general urban facilities the service of the whole of the Municipality or higher areas and of those that constitute essential elements of the local networks. They will include at least those relating to:

a) Road network and transport.

b) Water supply, drainage and sanitation.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 24

c) Urban solid waste management.

d) Urban equipment, including recreational facilities such as municipal parks and green areas and for educational, cultural, health, recreation, recreation and the like for the population service.

3) Forecasts for rural development in the framework of the guidelines established by the competent institutions.

4) Standards and standards for urbanization, lotification and building, at least in the topics of:

a) Housing density.

b) Municipal recreational equipment.

c) Social equipment.

d) Edifability.

e) Occupation.

f) Minimum performance units.

5) Forecasts for development in non-consolidated urban areas or urban sprawl.

Unconsolidated urban areas and urban expansion areas will be developed to through

partial plans. The local planning and territorial development plan will contain the forecasts for its development, which can be carried out through the private or public initiative.

The authority will promote the participation of the private company in the processes Urban transformation and development, guaranteeing subsidiary, that the urbanization processes are carried out according to the forecasts of the plans and the needs of the population. Among the forecasts of

development may be included the setting of deadlines or priorities of mandatory compliance for the processing of the corresponding partial plans or the realization of actions of urbanization and building.

6) Performance reviews in rural areas.

Rural areas will host agricultural and industrial production, as well as limited urban transformation, in order to enable the development of rural areas. low-density residential areas, tourist and recreational projects, as well as equipment and actions that

find suitable location in rural settings, such as educational or research centers, special health centers or care facilities and the like. These projects can be authorized when the following circumstances are present:

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 25

a) That the performance does not involve a landscape transformation that negatively impacts on its rural environment;

b) Ensuring the maintenance of the tree mass in the field of action;

c) Ensuring the protection of water resources, especially surface sources, recharging zones aquifera and underground mantles;

d) To be resolved by the owner of the work the connection to the general systems and, where appropriate, the improvement of the systems when these

are insufficient or inadequate to meet the new demands arising from the project;

e) To ensure the installation and maintenance of sanitation systems by pipeline, with treatment plants appropriate to the needs of the performance and the natural characteristics of the environment;

f) That the gross buildability of the performance does not exceed the index of 0,1 m2 of roof built on the total surface of the performance.

7) Forecasts for management the development process, including, where appropriate, the attachment of green areas or other equipment to specific areas or areas of development for the purpose of obtaining them by means of disposals.

8) Conditions of employment of buildings and buildings existing installations that are out of order to be disagreeable with the new planning, where they will not be able to

perform other works than those expressly provided for in the plan. In the absence of an express forecast in the planning, other works than those of repair and ordinary conservation cannot be performed, being excluded from consolidation, expansion or improvement.

9) Procedures and criteria for requesting and make changes within the plan's zoning. Defining a system of compensation to the Municipality, when a change is requested

from an undeveloped or rural area to an urban expansion zone.

10) Procedures and/or procedures for obtaining permits for construction, urbanization

and lotification as well as zoning and land use changes.

11) Definition of areas subject to partial plans, in those locations susceptible to changes

important land use and/or public and private investment.

Urban and Rural Development Plans.

Art. 35.- The plans for urban and rural development are aimed at the organization and integral development of the territory to channel the processes of urban development and rural development, establishing a detailed regulation of the aforementioned processes.

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 26

The urban and rural development plans will be municipal or micro-regional,

They will be able to understand a micro-regional scope when the process of municipal associativity and the development of the local capacities in the field of territorial planning and development reach the whole

of the referenced scope.

Contents

Art. 36.- The urban and rural development plans will have the appropriate content to exercise according to planning, urban and productive land use and to grant

permits or authorizations, except in areas in which, by the plan, the need for partial plans is established.

The urban and rural development plans will be configured from the following minimum contents:

1) Territorial structure schemes, with consideration explicit of the environmental dimension and the risk factors.

2) Zoning of the territory and determination of global land uses.

3) Detailed order of areas for which the plan so provides.

4) Simplified ordering of areas of limited urban dynamics and measures of consolidation of its core population.

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) Regime applicable to existing buildings and installations that fail to comply with the ordering because it is not in line with the new schedule; and,

8) The remaining determinations

Art.

Art.

Art. 37.- The schemes of territorial structure will express the structural organization of the territory on a large scale, with the pointing of the main roads of internal articulation and external connection, of the main systems infrastructure and territorial elements conditioning the planning

territorial, and the orientation of land uses proposed to address the needs of sustainable development in the medium and long term.

These schemes serve to understand the territorial structure in the scope of the plan and its integration

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 27

and articulation with the territorial systems of the environment; and to express the orientations They are proposed by the plan in terms of territorial planning and development.

The territorial structure schemes will incorporate the environmental dimension for the whole of the scope of the plan, establishing the environmental regime for the ordering and developing with determination

of the criteria and rules The analysis of threats and vulnerabilities within the scope, establishing rules that guarantee the consideration of the same in the performance of actions.

Urban or Urban Expansion Areas

Art. 38.-The planning of urban areas or urban expansion may be included for areas where the Plan considers it appropriate to facilitate its direct transformation without the need for a detailed plan, for which it will establish location of the infrastructure and services networks, with

determination of the conditions of urbanization and construction, in the framework of the general regulations in the field.

Detailed order will be established in areas included in urban areas or urban areas, for which the convenience of their processing is determined in the short term, without the need to elaborate and process additional detailed plans.

Simplified Density Areas Ordering

Art. 39.- In areas of low population density relative and limited urban dynamics

a simplified order will be established in order to order the consolidation and expansion of existing nuclei, including the delimitation of the urban perimeter and the location of the road network and the basic urban equipment.

In these areas, they will not be established by the plan, zoning or detailed planning, and no new urban areas or urban expansion will be possible.

The urban and rural development plan will contain the forecasts for management and development of non-consolidated urban areas and urban expansion areas that would not have been ordered by

in the plan itself, which may be carried out through public or private initiative.

Local governments will promote the participation of the private company in the processes of transformation and urban development, guaranteeing subsidiary that the urbanization processes will be carried out according to the forecasts of the plans and the needs of the population.

Improving the Living Conditions of Population and Rural Development

Art. 40.- The municipal and/or micro-regional planning and territorial development plans shall contain the determinations, guidelines or criteria that are deemed appropriate to improve the living conditions of the population in the urban areas and rural areas included in the plan, in coherence with the national policies and programs approved in the respective areas.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 28

The plan will contemplate the programs and activities of the Public and Municipal Administration for rural development, oriented towards the improvement and dynamisation of the socio-economic structures of the

rural areas safeguarding environmental stability.

Existing Edification and Facilities Regime

Art. 41.- The existing buildings and installations that do not comply with the order established by the Plan, will be subject to the construction and use rules that will be established for them.

In the absence of any express determinations

Art.

Art.

Art. 42.-The plans detail the content of the municipal or micro regional planning and territorial development plans, locate the networks of infrastructures and public services of their scope and establish the system specific of each lotification, as well as the conditions of

urbanization and construction within the framework of the general regulations in the matter and aim to establish the specific regime of urbanization and edification, detailing the content of municipal and/or micro-regional plans so that it can be acted directly without need for other planning instruments.

The partial plans will be developed for the designated areas, to this end by the municipal or micro regional planning and territorial development plans and others require them.

Partial plans shall establish the forecasts necessary for the urban development of the area, including at least:

1) Standards of lotification.

2) Detailed regulation of land uses including allowed, conditioned, and prohibited uses.

3) Edification.

4) Occupation.

5) Landscaping and Arborization.

6) Road Network.

7) Traffic Control and Regulatory Systems.

8) Public transport routes.

9) Water supply, drainage and sanitation.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 29

10) Public lighting.

11) Energy and communications.

12) Comprehensive management

13) Recreational equipment and public spaces, including parks and gardens.

14) Social equipment intended for the service of the population of the area under development.

15) Phases, programming and timetable for the execution of the construction and construction works.

16) Detailed forecasts for the management of the development process; including, where appropriate,

the attachment of green areas or other equipment to specific areas or areas of development for the purpose of obtaining them by means of disposals.

17) System of mandatory compensation among landowners, within the area of the partial plan.

Partial plans may be developed on the initiative of the Municipal Government or by initiative

private, prior to the Municipal Government.

Proposed Private Initiative

Art. 43.- If the proposal of the partial plans is developed by private initiative, it must have the support of the owners who own the majority of the soil subject to the corresponding plan.

The promoters of the initiative they must guarantee the requirements of the plan, as well as the economic guarantees necessary for the fulfilment of the plan. These guarantees will be independent of the environmental compliance bail required by the competent environmental institution.

All partial plans must be approved by the Municipal Council or the Association of Municipalities. , by means of municipal agreements and a partial plan ordinance.

From Subsidiary to the Forms of Local Scope Plans

Art. 44.- In the absence of an initiative or municipal capacity to develop municipal, micro-regional and partial planning and territorial development plans, the Municipal Government, association of Municipalities or the micro region will go to the Committee Departmental and Territorial Development Department,

to request assistance in the preparation of the same. Being able to establish by common arrangement arrangements or through the subscription of a convention for that purpose.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 30

TITLE V ORDERING AND DEVELOPMENT SYSTEM PROGRAMMING INSTRUMENTS

TERRITORIAL

ONLY CHAPTER

Territorial Development Programs

Art. 45.- The territorial development programmes are complementary documents of the planning instruments and are aimed at the coordinated implementation of public actions in specific regions.

The scope of the programmes Territorial development will be variable, depending on the actions that are programmed, and may cover one or more micro regions or specific areas that fit

to the nature of the program to be executed.

Content

Art. 46.- The territorial development programs will have at least:

1) Defining the objectives to be achieved;

2) Justification of their adaptation to the planning and development planning instruments territorial;

3) Delimitation of its scope;

4) Description of performances, indicating for each of them:

a) Localization;

b) Plazos or priorities of execution;

c) Organ responsible for execution;

d) Planned budget;

e) Funding sources.

5) Territorial Justification of the proposed actions, in relation to the basic dimensions of the territorial partner system.

Effects

Art. 47.- The departmental and local plans for territorial planning and development shall establish the soil reserves necessary for the implementation of the actions provided for in the

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 31

territorial development programs.

Territorial development programs may include actions contrary to the provisions of the national territorial planning instruments. It will be null and void how many provisions will incur such contradiction.

The investments planned in the territorial development programs will be incorporated into the State General Budget Bill.

Elaboration

Art. 48.- Corresponds to the National Council for Territorial Planning and Development and the departmental Councils for Territorial Planning and Development, to agree to the elaboration of territorial development programs and to send it through the President. of the Republic to the Council of Ministers, for

its approval.

In the agreement for which the elaboration of the programs of territorial development is started

the institution responsible for directing it and the institutions that will participate in the process.

Fulfillment and Approval

Art . 49.- The project of the 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 the light of the results of the The National Council will forward the text to the National Council for Planning and Territorial Development for its knowledge and report.

The National Council will forward the text to the National Council on Planning and Territorial Development.

final of the programme through the President of the Republic to the Council of Ministers, its approval and legalization through an Executive Decree.

Review

Art. 50.- The review of the territorial development programs will be carried out in accordance with the procedure established for approval.

TITLE VI GENERAL DETERMINATIONS ON PROCESSING, APPROVAL, REVIEW, AND

PLANNING AND SCHEDULING INTRUMENTOS

UNIQUE CHAPTER

Binding Character

Art. 51.- Once approved by the National Council and ratified by Executive Decree, the National Planning and Territorial Development Plan and its determinations will be binding in nature for

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 32

the other planning instruments and for the actions and investments of all instances of public administration. The National Council of the Territory will be in charge of ensuring compliance

of this provision.

The programming of public actions contained in the National Plan will be incorporated into the

draft General Budget

The instruments of the departmental and local areas, must detail the proposed actions

in the plans of the national scope and adapt them to the specific environmental, economic, social, cultural and productive.

The departmental and local instruments will be able to propose changes in instruments at national level. These proposals for change or adaptation must be submitted by the responsible body, municipal council or departmental committee to the higher instance and will be ratified by

agreement to the established procedures.

Fulfillment and Approval

Art. 52.- Once the proposals of the planning and programming instruments have been formulated, they will be submitted to the consultation process through the system of citizen and territorial participation.

Finished this process, the national authority or local, as appropriate, approve and legalize the instruments consulted, by means of Executive Decrees or Municipal Ordinance, according to the respective regulations.

All planning instruments must contain a strategy of communication, dissemination

and consultation, for the processing and processing phases plan approval.

Review and Update

Art. 53.- The review of all planning and programming instruments for spatial planning and development will be carried out in accordance with the same procedure used for their approval.

The updating of concrete content that do not affect the lines established in the National Policy of Territorial Planning and Development, shall be carried out by the procedure established in each case by the National Council of Territorial Planning and Development.

TITLE VII

NATIONAL SYSTEM OF INFORMATION AND PARTICIPATION OF THE ORDER AND Territorial DEVELOPMENT

CHAPTER I

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 33

National Territorial Information System

Art. 54.- Create the National System of Territorial Information (SNIT), which will be formed by the contributions that the various institutions of the Public and Municipal Administration provide on their plans, programs, actions and other activities that On the subject of Ordering and

Territorial Development.

In the departmental and local areas the bodies responsible for the Ordering and Development

Territorial will design and implement the instruments for to feed all the information arising from its activities to the SNIT and in addition to the provision, appropriate information for the knowledge and decision-making on the territory and on projects of territorial impact.

The National Council for Spatial Planning and Development, will prepare and keep up to date on a permanent basis the SNIT to ensure that the information related to the Ordinance and

Territorial Development is publicly accessible in a timely manner to the society at large.

The follow-up of the Policy and the National Plan of Planning and Territorial Development will be carried

Council of Territorial Planning and Development through the SNIT and will be translated into a report on the state of the territory that will be published every year, without prejudice to the publication of other reports when it is considered convenient.

The National System Territorial Information will contain a basic system of socio-territorial indicators that will allow to characterize the country in its various fields, synthetic and objectively.

Specific indicators will be established according to the following topics: Environment, quality of life, economic development and other factors to be considered suitable for the performance of the functions of the system.

The planning and programming instruments to be developed, must be used for these indicators in order to characterize the situation of departure, they must estimate the the impact of the plan or programme

on the same, and should establish, where appropriate, the complementary system of indicators to improve the assessment and monitoring of the territorial and territorial circumstances and the impact of the plan or program in question about them.

Environmental Impact Assessment

Art. 55.- It is a set of actions and procedures that ensure that the activities, works or projects that have a negative environmental impact on the environment or the quality of life of the population, are submitted from the pre-investment phase to the procedures that identify and quantify

such impacts and recommend measures that prevent, attenuate, compensate, or potentiate; as the case may be, selecting the alternative that best guarantees environmental protection.

This assessment should be carried out in accordance with the provisions of the Law on the Environment and Environment and its respective regulations.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 34

CHAPTER II

CITIZEN, ACADEMIC AND BUSINESS PARTICIPATION

Art. 56.- All information arising from management in the national,

, and local authorities

public and must be provided by those institutions when it is requested by the parties concerned. Proposals for approved plans and plans for territorial planning and development must be made available to the public, academic and business institutions, publishing them

so that they are easily accessible to the public. interested.

Art. 57.- Prior to the approval of the plans of territorial planning, these must be

subjected to at least two public consultations to which all the related citizens ' and business organizations must be convened with the subject in the relevant terr itorial field. The first query will be made to receive proposals and must be developed at least

150 business days before the plan is approved. The second public consultation will be held to receive observations on the final draft of the territorial planning and development plan and must be held at least 25 working days before its approval.

Art. 58.- entities of territorial planning and development shall incorporate into the regulations of this Law, the procedures that make the application of Articles 56 and 57 effective; and they may add new forms and mechanisms of citizen, academic, and business participation.

TITLE VIII FINANCIAL SYSTEM

ONLY CHAPTER

Art. 59.- The financing for the institutional functioning of the national and departmental level for the fulfillment of the privileges assigned to them by this Law, will be integrated into the General Budget of the Republic.

Art. 60.- The financing for territorial investment, which provides for the Territorial Development Plans, must be ensured through the coordination of public budgets of the national government

and municipal governments.

TITLE IX

FLOOR USAGE REGIME

CHAPTER I

GENERAL RULES

Compensation

Art. 61.- Any limitation of the use of the soil which prevents the continuity of uses or activities of economic content that were previously legally developed shall be indemnified, provided that the existence of injury is established. cash, according to the provisions

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 35

of this Law.

Subsoil uses are not included in this provision subject to specific licenses or concessions.

Zoning and Global Soil Uses

Art. 62.- The zoning of the national territory and the determination of global land uses will be

established through:

1) The delimitation of zones in which the territory is divided, for the purposes of the application

This Law, distinguishing for this purpose:

a) Urban, consolidated and unconsolidated areas: Understand the areas that the

planning instruments include in this category, for having the infrastructures and services of the urban centres or find themselves occupied by the building in the form that it regulates determine;

b) Urbanizable areas: They will be the ones that the planning instruments classify in this way as being susceptible and appropriate for their urban transformation, in attention to the needs of urban development of the population;

c) Rural areas: comprise the rural area as a whole with primary use, including agricultural, agro-industrial and forestry activities;

and for which the planning instruments do not cover their urban transformation; and

d) Non-urbanizable areas: They are constituted by those areas that are excluded from possible processes of urbanization or territorial transformation; for reason, to the protection of the environmental services they provide and their natural values,

productive, cultural, protection or reserve of infrastructures, because they are classified as Protected Natural Areas, due to the existence of limitations arising from the protection against natural r iesgos, or any other

established by the Law, international treaties or justified by the planning instruments.

2) Location of general urban infrastructure and equipment at the service of the whole territory and its population, or of higher areas.

Competition in Order to Regulation of Soil Use and Urban Development

Art. 63.- Compete to the departmental Councils of Territorial Planning and Development and to the Municipal Councils, in its corresponding field, the regulation of land use and urban development according to the following functions:

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 36

1) Develop the urban control functions, including the granting of Urban authorisations referred to in this Law;

2) Favour the development of the real estate market, in terms consistent with the objectives, principles and actions set out in this Law;

3) Favour the equitable distribution of the burdens and benefits arising from the instruments of planning among owners in acting units;

4) Acquiring land to constitute public land assets; and,

5) Exercise public initiative when deadlines and conditions set by the planning for the performance of individuals according to the provisions of this Law.

Planning Requirements

Art. 64.- The actions to be carried out in the territory for urban purposes require the prior approval of the competent authority based on the Municipal Planning and Territorial Development Plan and, where appropriate, partial plans. No land use authorizations may be granted in the absence of the planning instruments.

Obtaining Terrain for Infrastructure and Equipment

Art. 65.- The owners of land in unconsolidated urban areas and urbanizable areas that intend to carry out the urban transformation of the same, must ensure the physical space for the amounts established by the Law of Urbanism and Construction.

The specification and location of these areas will be considered by the Department of Territorial Planning and Development Councils and the respective Municipal Councils of

63.

Densification in Consolidated Urban Zones.

Art. 66.- The owners of land in consolidated urban areas, who intend to carry out urban transformations that result in the increase of the density

population, must compensate the Municipality according to the established by the municipal planning and territorial development plans and partial plans, for the effects this causes in terms of traffic, solid waste generation, basic service delivery and new demands of

public ownership equipment such as, green areas, schools and services communal.

Terrain Procedure and Acquisition

Art. 67.-The for works of public interest and social interest and which are part of the plans for regional, departmental or local planning and development shall be obtained by means of the procurement procedure, established in the Current Laws.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 37

Managing the Local Fund of Urbanization Works

Art. 68.- It is up to the Municipal Governments to manage their respective Local Development Works Funds.

In the case of Municipalities that develop their competencies in the area of urban and rural development in an associated way, the Funds for urbanisation works will be managed by the micro-regional institutions that exercise the municipal competencies.

In the case provided for in the previous paragraph, the National Council for Ordering and Development Territorial cooperation will channel the necessary aid, through the institutions of local and micro

regional.

Property Registry

Art. 69.- The declaratory of a protected area and of those that are the object of acquisition within the framework of the territorial planning and development and completed due process; must, register

in the corresponding Registry of the Property Root and Mortgage at the request of the Competent Authority in the area of Territorial Planning and Development, which will not cause any right to register.

The marginalisation of a property according to the provisions of the previous paragraph will invalidate the

transfers and enajenations of that good, unless the requirements have been filled and solemnities set forth in this Act.

CHAPTER II OF THE OWNERS

Rights and Obligations of Owners

Art. 70.- They are rights and obligations of the owners of soil and buildings:

1) The use of their lands according to their nature and ability to support the sustainable use of their potentialities, without damage to your environment. The

limitations of land use that prevent the natural use of land will give rise to compensation; without including the uses of sub-soil subject to specific concessions or licenses.

2) The building of its land in the terms provided for in the planning instruments, after approval of the corresponding projects by the competent authority

, as soon as they demonstrate the fulfilment of their obligations in relation to the urbanization of the same, making of the respective donations of land and payment of fees, contributions and other

3) Land owners located in urban and urban areas for which the relevant planning instrument includes their detailed arrangements, will have the right to the construction of their buildings. soils as soon as they prove that they all comply

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 38

the requirements set out in the corresponding plan;

4) soils located in unconsolidated urban areas and urban areas for which the Municipal Planning and Territorial Development Plan does not include a detailed arrangement, they must propose the corresponding Partial Plan before

the Council Municipal, within the time limits laid down by the Municipal Order and Territorial Development. As long as such a Partial Plan and the corresponding project or projects are not definitively approved, it will not be possible to perform, take action

some of the lotification, urbanization or construction;

5) Land owners included in Urban areas not consolidated or areas

urbanizables, will be required to carry out the works of urbanization and to satisfy the rates and special contributions that in each case correspond. The execution of the urbanization works may be carried out by the corresponding authority by

account of the obligated owners, by agreement with the latter in which the amount of the works is established and the way in which the

owners of land included in rural areas will be entitled to the construction of the same in accordance with what is established in the corresponding Plan. Municipal of Planning and Territorial Development or Partial Plan, after approval of the project and

payment of corresponding taxes; and

7) Land owners included in non-urbanizable areas, will be entitled to

maintain and develop land uses and economic benefits that are compatible with the conservation of the environmental values that motivated their protection, in accordance with the requirements set out in the planning instruments, and in the

environmental or sectoral legislation that is applicable. When the compatibility conditions set in the schedule prevent the continuity of the uses that are legally developed at the time of the Plan's approval,

owners will be entitled to the corresponding compensation in accordance with the provisions of this Law. The prohibition of uses that did not develop legally at the time of the approval of the respective

Plan will not give rise to compensation.

TITLE X

SANCTIONING REGIME

CHAPTER I

VIOLATIONS AND PENALTIES

Infrastructures in terms of territorial planning and development

Art. 71.- These are infractions in matters of territorial law and development, actions or omissions that violate or contravene this Law, rules or ordinances and other applicable provisions in this field.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 39

Legal Consequences of Infrastructures

Art. 72.- Any action or omission established as an infringement of this Law may result in the adoption of the following measures, without prejudice to measures specifically established in other legal or regulatory bodies:

1) restoration of the legal order infringed and of the physical reality altered or transformed as a result of the illegal action, through the measures established in the

this Law;

2) The initiation of the procedures of suspension and cancellation of administrative acts

in which you may be covered illegal action or omission;

3) Those arising from non-compliance with administrative and criminal liability, in

their case; and

4) Civil liability for damages for damages and compensation of

the damages from those who are held responsible for them.

In any case, the competent authority will be obliged to take the necessary measures to bring the affected goods back to the infringer and to leave them in the Previous state to the infringement.

Reset of the Legality And Sanction of the Infractions

Art. 73.- The measures for the restoration of legality are independent of the sanctions, the imposition of which is appropriate for the commission of violations established in this Law.

Classification of the Infractions

Art. 74.- Violations in the area of territorial planning and development are classified in very

serious and serious.

Very Serious Infrastructures

Art. 75.- These are very serious infringements:

1) Those affecting buildings located in undeveloped areas or in areas declared protected by planning instruments or environmental protection legislation and resources natural; as well as buildings intended for implementation

or construction of infrastructure, equipment and public services and public domain;

2) The total or partial non-compliance with the obligations imposed by the precautionary measures taken in connection with the exercise of the power to protect legality and resetting legal order disturbed;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 40

3) Initiation of lotifications or other physical works that deteriorate an area urbanizable or in protected areas, public utility declared areas, and

social interest.

Serious Infrastructures

Art. 76.- They are serious infractions:

1) The acts and activities of the transformation of the soil through the realization of urbanizations, lotifications, works, constructions, buildings or installations; without counting, with the approvals, permits or permits necessary in violation of the

conditions of the granted, except in the case of works that are not legally required of any technical project and with little impact on the urban, rural or natural environment. If the latter is saved, the infringement will be slight. In any event, the condition

of serious violations of acts consisting of land movements and felling of unauthorized trees;

2) The implementation and development of uses incompatible with the provisions of the

3) Non-compliances on the occasion of the execution of the plans, duties and obligations

imposed by this Law, and by virtue of this Law, by the instruments of planning, or voluntarily agreed upon by agreement, unless they are voluntarily subsated after the first requirement formulated to the effect by the corresponding authority, in which

case will be minor infractions;

4) The refusal or obstruction of the inspector's work.

Responsible for Infrastructures

Art. 77.- In the case of housing, construction, construction, construction, construction, construction, activities or land use executed or developed under illegal administrative acts, they may be responsible for the violations to legal effects:

1) The technicians responsible for the technical projects or documents, if the planned works are incompatible with the plans provided for in this Law;

2) The promoters, builders and funders of the (a) housing estates, lotifications, works or installations and the owners, directors or operators of the establishments, the

activities or uses; as well as the technical directors of the works and their execution and the directors of the facilities;

3) The authority or official who has granted the approvals, authorisations or permissions without the respective reports or against those issued in the unfavourable sense for the infringement, the members of the collegiate bodies who have voted in favour of such approvals, authorisations or permits in identical conditions and the

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 41

officials who have reported favorably with knowledge of the violation of the order legal.

For the purposes of liability for the commission of violations, the person or entity performing the works shall be deemed to be a promoter; as well as the owner of the building in which the

or entity is committed

committed. infringement, where it has been aware of the works, facilities,

Aggravating Circumstances

Art. 78.- These are aggravating circumstances of the liability of the offenders in terms of

territorial planning and development, listed below:

1) Prevalse to commit the infringement of the ownership of a public office;

2) Employing violence or any other type of coercion on the authority or public official in charge of compliance with the law;

3) Sobornar even in degree of intent to the authority, public official or any member of the public or municipal administration or when exercising any kind of force or coercion;

4) Alter the assumptions of fact that allegedly legitimize the performance or omission, or by falsifying the documents in which the legal basis of

the performance or omission is credited;

5) Take advantage of or exploit for their own benefit or a third party a serious public need

or the particular or particular ones that will be harmed;

6) Offer resistance to the orders emanating from the public or municipal administration

regarding the protection of legality or its defective compliance;

7) Cometer la infringement having been previously sanctioned, by firm sanction

by the commission of any of the violations provided for in this Law;

8) To persist in the infringement after the initiation of the procedure sanctioning according to

as provided for in this Act.

All of the above in accordance with the procedure laid down in this Law.

Mitigating Circumstances

Art. 79.- These are circumstances whose concurrency attenuates the responsibility of the offenders:

1) The voluntary and spontaneous repair of the damage caused before the start of any administrative penalty;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 42

2) The cessation of works or the cessation of activity or use on a voluntary basis, after the

warning from the competent authority.

Modification of Liability Circumstances

Art. 80.- These are circumstances which, according to each case, may aggravate or mitigate liability:

1) The greatest or lesser technical knowledge of the details of the performance, in accordance with the profession or usual activity of the person responsible; and

2) The greater or lesser benefit obtained from the breach or, if any, having been made without consideration, to the possible economic benefit resulting therefrom.

Sanctions

Art. 81.- The infractions will be sanctioned with the following fines according to the value

of the action questioned:

1) Serious infractions: up to 200 minimum monthly wages for the trade;

2) serious: up to 1000 minimum monthly wages for trade.

The amount of the fines may be increased in accordance with the provisions of this Law

for the exclusion of economic benefit.

For the establishment of the corresponding penalties, the capacity

economic of the infringer.

Accessory Healing

Art. 82.- In addition to the fines mentioned in the previous article, those responsible for the infractions may be subject to the acosta demolition of the infringer of the works and constructions

, as well as the compensation appropriate.

Graduation of Sanctions

Art. 83.- Where in the infringement there is any aggravating circumstance, the fine shall always be imposed to its maximum extent. If there are any mitigating circumstances, the fine will be imposed in your

minimum degree. The same rules will be observed, as the case may be, when there are some or some of the mixed circumstances.

In the case of the illegal housing or the illegal lotions, the amount of the fine may be extended to an amount equal to all the benefit obtained, plus any damages caused. The amount of the fine will never be less than the difference between the initial value and the value of the sale of the corresponding lots.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 43

Independent Character of Sanctions

Art. 84.- The fines that are imposed on the various persons responsible for the same violation will have, among themselves, independent character.

Infractions Competition

Art. 85.- The sanctions provided for in this Law shall be applied without prejudice to the consecrated persons

in other Laws, or the civil, administrative or criminal actions to which it has taken place.

for the same performance. Where a single

action or omission may constitute an infringement under two or more regulations, it shall be carried out in accordance with the most severe sanction, including in the quantification of the infringements provided for in this Law, the The economic benefit exclusion provided in the following article.

Economic Benefit Exclusion

Art. 86.- The actions which constitute an infringement under the provisions of this Law cannot be of economic benefit to the infringer. When the sum of the fine imposed and the cost of the actions to replace the goods and situations to its primitive state, will throw a figure lower than that profit, the amount of the fine will be increased until it reaches the amount of the same.

In cases where the restoration of legality does not require any material action or any third party is harmed, the fine imposed on the infringer may not be less than the profit obtained with

the illegal activity.

Administrative Acts

Art. 87.- The administrative acts contrary to the planning instruments provided for in this Law shall be considered void.

Administrative acts that contravene administrative approvals, authorizations or permits granted in accordance with the law, they will be considered null.

In both cases, these acts will not be able to generate rights in favor of their addressees.

Officials and public employees who carry out such administrative acts contrary to what is established in the This law is subject to disciplinary and administrative responsibility, without prejudice to the civil, environmental and criminal liability for damages that cause both

Public or Municipal Administration

the private individuals.

Also, the public officials and employees who adopt them incur responsibilities

administrative, being able to be sanctioned with the fines provided for in this Law.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 44

CHAPTER II

SANCTIONING COMPETENCIES

Plans and Rules of National, Departmental, Local, or Protected Areas Scope

Art. 88.- The competent authority to impose administrative penalties for the commission of breaches of the provisions of the Planning Instruments at the National, Departmental or

Local Level; it shall be the Municipal Council or the Councils Municipal, where the works of infringement are located territorially.

In the violations related to the conservation areas for environmental reasons, it will be the competent Ministry in the field of environment and resources natural, following the procedure laid down in the respective Act.

Civil Liability

Art. 89.-The liability arising from an infringement may be required before the Courts competent in civil matters of the respective jurisdiction, by the natural or legal persons concerned. In case of damages or damages in state property, it will be the Office of the Attorney General of the Republic that will exercise the corresponding action.

CHAPTER III PROCEDURE

Applicable Procedure

Art. 90.- When it is a National Government Authority, which is responsible for the application of the corresponding sanctions, the procedure provided for in this Law shall apply.

Where the Local Government is the competent authority for the application of a sanction, the procedure laid down in the Municipal Code and the municipal ordinances that each municipality issues in this respect will be applied.

Start of Procedure

Art. 91.- The administrative sanctioning procedure shall be initiated on its own initiative, by complaint or by notice to the competent authority in the area of territorial planning and development.

When the Ministry of Environment and Resources Natural, the Ministry of Public Works, the Municipal Councils and the Office of the Prosecutor General of the Republic, have knowledge by any means, of the commission of an infringement of those provided for in this Law and in the municipal ordinances

corresponding, they will proceed ex officio and to prevention, to inspect the place or places where it is have committed the offence, subject to the summons of the person or persons to whom the offence is attributed. The inspection report which shall be released shall constitute proof of the effect of the inspection and shall be forwarded to the Municipal Council or Municipal Councils concerned.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 45

Previous Performances

Art. 92.- Prior to the initiation of the sanctioning procedure, prior action may be carried out by officials of the Competent Authorities and Territorial Development Authorities for the purpose of determining with preliminary character, the existence of circumstances that

justify the sanction, without prejudice to the presumption of innocence.

Precautionary Measures

Art. 93.- The Municipal Council or Municipal Councils competent, in coordination with the Office of the Prosecutor General of the Republic, may order at any time since they have knowledge of the

alleged infringement, the adoption of measures

precautionary measures will

the necessary scope to achieve their purpose and may consist of the closure of facilities; suspension of the precautionary measures. of constructive processes; sealing of machinery, active materials and utensils; and, any other they deem necessary, according to the circumstances

duly reasoned.

Instruction and Substance of Procedure

Art. 94.- The instruction in the procedure shall be ordered by means of a reasoned decision, indicating at least the following:

1) The official who orders the instruction with expression of the place and date of the resolution;

2) Appointment of the procedure instructor, who will act by delegation and the

acting secretary who will also have the privileges of the notifier;

3) The summary of the facts justifying the instruction, the class of

violation and the sanction that it might correspond;

4) Indication of the the right of view of the actions, the Laws and other motivations

legal to justify the action by the alleged infringer, presentation of evidence of discharge and right to make use of the guarantees of due process;

5) precautionary measures that have been taken.

The resolution ordering the instruction shall be notified to the alleged infringer by observing the

formalities established by the Code of Civil and Commercial Procedures. In the act of the notification, the alleged infringer shall be given a copy of the act which shall be lifted and the proceedings before, if any.

The alleged offenders shall have within ten working days, counted from the date of the following day of the notification referred to in the previous paragraph, to present the allegations, documents and information that they deem appropriate and propose the means of proof of those they intend to do

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 46

be worth and point out the facts you intend to prove.

Put the related deadline in the preceding paragraph, the procedure will be opened for eight business days.

Test Assessment

Art. 95.- The reports of officials and agents of the authority only constitute, principles

or evidentiary indicia, in cases where they were produced without summons of the alleged infringer, in the occasion of prior acts of proceedings sanctioning; in which case, they must be ratified for their assessment.

The test shall be assessed in accordance with the rules of sound criticism, with the power to determine in each case the facts to be taken into account, by examining or evaluating them,

whatever their number and quality.

Statement

Art. 96.- term of proof shall be concluded by the competent authority within four working days, which shall decide whether or not to impose the relevant administrative penalties and shall be duly motivated, issues raised by the parties.

In addition to the sanction, the offender will be set a reasonable period of time, if appropriate, in which he/she will have to remedy the violations that resulted in the sanctioning and redress procedure.

the damages caused by them.

If the sentence is damning, it must express the identity of the offender, the evidence that the

grounds, the legal provision infringed, the recidivism if any and the respective sanction duly reasoned.

For the purposes of qualifying the recidivism, the sanctioning authority must be the corresponding relationship.

Review Resource

Art. 97.- Notified the judgment, the person concerned shall have a term of five working days to

from the notification, for an appeal for review, for review, reform or revocation.

The competent authority will admit the review facility, which you will know and resolve with

of cars, within a period of fifteen working days.

When it comes to the municipalities, it will proceed according to the Municipal Code and the

ordinances corresponding.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 47

Execution of the Statement

Art. 98.- If the review appeal against the judgment is not filed within the legal period, it shall be final.

If the offender is to be convicted of a fine in the judgment, the fine shall be cancelled to the appropriate authority, as its scope, within seven working days of the date of the notification of the judgment declaring the judgment, for which the competent sanctioning authority

shall extend to the infringer the payment order corresponding to the same act of the notification.

When the obligation to pay the fine will not cash in the term mentioned in the previous paragraph, the Departmental Committee, the Municipal Councils or the Office of the Prosecutor General of the Republic, at the request of the sanctioning authority, shall make it effective in the executive way. For this purpose, the certification of the

judgment and of the decision declaring the firm extended by the sanctioning authority will have executive force, and the certified photocopy system may be used, if necessary.

The delay in the payment of any fine that is applied in accordance with this Law, will accrue the legally established moratorio interest for the tax obligations in arrears.

TITLE XI

GENERAL PROVISIONS

Pashes

Art. 99.- The time limits set forth in this Law are expressed in business days.

Elaboration and Adaptation of Local Plans

Art. 100.- The Municipalities will proceed to the elaboration and approval of the Development Plans

Urban and Rural or Urban Development Schemes, within the maximum period of five years unextendable, counted from the entry into force of the This Law.

Plans that are legally in force at the time of the entry into force of this Law, shall be adapted to their content within the maximum period of two years that are not extendable, counted from that date.

After the period laid down in the preceding paragraph, the competent authority in the field of law and territorial development, will proceed in accordance with the provisions of this Law for the

elaboration and subsidiary approval of the corresponding Urban Development Schemes.

Authorization Regime

Art. 101.-Until Urban and Rural Development Plans or Urban Development Schemes provided for in this Law are approved, the Competent Authority in matters of territorial planning and development shall be responsible for authorizing the implementation.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 48

as set out in the following ordinals:

1) Execution of urbanizations or (a) any land that is not included in a protected area, under the provisions of the plans provided for in this Law, the environmental legislation, the protective legislation of the

cultural or public infrastructure regulator.

2) Cannot be authorised urbanizations or lotions on land that do not meet the

conditions required for the prevention of natural hazards.

Corresponding to the Competent Authority in the area of management and development

the granting of construction authorizations in the municipalities that do not have Urban and Rural Development Plans or Urban Development Schemes approved in accordance with the provisions of this Law. These authorizations may be granted only in a consolidated urban area and not

may imply lotification.

In the Municipalities included in the area of the Metropolitan Area of San Salvador and the Municipalities

continue to apply the competition regime provided for in the Law on the Development and Territorial Ordinance of the Metropolitan Area of San Salvador and the surrounding municipalities.

National Plan for Spatial Planning and Development

Art. 102.- The provisions contained in this Law, in relation to the Instruments of Ordering and Territorial Development with the exception of those relating to its processing procedure

and approval, shall be applicable to the instruments of type-approval which, if applicable, has been prepared or approved by the Public or Municipal Administration prior to the entry into force of this Law.

Drogatory

Art. 103.- Defeat all those provisions that contradict this Law.

Specialty

Art. 104.- This Act is of a special character and will prevail over any other provision that the contrarie.

Transitional Provision

Art. 105.- Within the period between the approval of this Law and its date of entry into force, the necessary resources shall be allocated for the proper implementation thereof and the national and departmental plans shall be drawn up and approved.

Vigency

Art. 106.- This Law shall enter into force twelve months after its publication in the Journal

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 49

Official.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the eleven days of the month of March of the year two thousand eleven.

OTHON SIGFRIDO REYES MORALES, PRESIDENT.

CIRO CRUZ ZEPEDA PEÑA, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT SECOND VICE PRESIDENT.

JOSÉ FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRÍGUEZ, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.

FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA, FIRST SECRETARY. SECOND SECRETARY.

ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ D' AUBUISSON MUNGUIA,

THIRD SECRETARY. FOURTH SECRETARY.

IRMA LOURDES PALACIOS VÁSQUEZ,

FIFTH SECRETARY. SIXTH SECRETARIAT.

MARIO ALBERTO TENORIO GUERRERO,

SEVENTH SECRETARY. NOTE:

In compliance with the provisions of Art. 97, paragraph 3 of the Rules of Procedure of this State Authority, it is stated that this Decree was returned with observations by the President of the Republic, on 4 April 2011; resolving this Legislative Assembly not to accept those

observations, in Plenary Session held on July 14 of this year.

Elizardo González Lovo,

Third Secretary.

CASA PRESIDENTIAL: San Salvador, to the Twenty-eight days of the month of July of the year two thousand eleven.

PUBESCOESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 50

Gregorio Ernesto Zelayandia Cisneros,

Minister of Government.

D. O. No. 143 Took No. 392 Date: July 29, 2011.

JCH/adar. 30-08-2011

TRANSIENT DISPOSITION:

< TRANSIENT DISPOSITION IN WHICH IT IS EXTENDED FOR A PERIOD OF FIVE

YEARS, AS SET OUT IN ARTICLE 100 INCITES 1 ° AND 2 °. D. L. No. 402, 9 JUNE 2016, D. O. No. 115, T. 411, JUNE 22, 2016. (VENCE 22/06/2021)

GM 14/07/16

___________________________________________________________________ LEGISLATIVE INDEX