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Fiddler González & Rodríguez, P.S.C., P.O. Box 363507, San Juan, PR 00936-3507. Our fax (787) 759-3108.

 

We welcome your questions and comments.


Juan Carlos Gómez Escarce
(787) 759-3166

jgomez@fgrlaw.com

María L. González Hernández
(787) 759-3173

mlgonzal@fgrlaw.com

 

Eduardo Negrón Navas

(787) 759-3106

enegron@fgrlaw.com

Pedro J. Reyes Bibiloni

(787) 759-3208

preyes@fgrlaw.com

 

PLANNING BOARD PUBLISHES NEW DRAFT LAND USE PLAN

On January 30, 2014, the Puerto Rico Planning Board published a new Draft Land Use Plan (the “Plan”) to guide the land approval process. The Plan was published pursuant to Act No. 550-2004, as amended by Act No. 6-2014, and Executive Order OE-2013-015. The Plan will establish land use classifications for all land in Puerto Rico, which will become the permitting criteria for the activities allowed in the different land classifications.

 

The Plan establishes the following general land use classifications: 1) Urban Land; 2) Developable Land; and 3) Rustic Land. The Rustic Land classification classifies land as Common Rustic Soil and Especially Protected Rustic Land. Those parcels identified as Especially Protected Rustic Land will not be available for Urban or Developable Land uses, based on three protection subcategories for risk prevention and ecological and agricultural values.

 

As currently drafted, the Plan identifies 24,044 “cuerdas” (a "cuerda" is equivalent to .097 acre) for residential development, 4,809 "cuerdas" for commercial development, and 3,206 "cuerdas" for industrial development, for a total of approximately 32,060 "cuerdas" for future development. It also classifies 600,000 "cuerdas" as Especially Protected Rustic Land for agricultural uses, pursuant to the mandate of Act No. 6-2014. The Plan's objectives are to: 1) promote the diversity of the district, and protect the scenery for its social and economic value; 2) protect the natural, agricultural and risk areas as part of the land planning process; 3) moderate soil use and promote the concentration of development; 4) strengthen the district structures and coordinate infrastructure programming with future growth areas; 5) promote the diversity of activities and housing in urban areas, and rationalize the development of industrial or tertiary parks; 6) make mobility a right and not a privilege, and facilitate public transportation through the concentration of urban development; 7) integrate Puerto Rico through urban and transportation infrastructure consistent with the district model; and 8) promote sustainable and economic development.

 

The Planning Board has established a ninety day public comments period, including celebrating public hearings from March 24 to March 28 in the municipalities of Arecibo, Mayagüez, Ponce, San Juan and Humacao, respectively. The final Plan is expected to be approved in June 2014. If you are interested in obtaining further details and/or submitting comments to the proposed Plan, please contact us.

 

If you have any questions regarding this matter or would like to know more of our Firm’s experience in this area please call us. If you know anyone that would like to read the FGR Environmental Watch, please feel free to forward this article. Stay tuned for further updates of FGR ENVIRONMENTAL WATCH.

©2014 FIDDLER GONZÁLEZ & RODRÍGUEZ, P.S.C. Permission is granted to view, store, print, copy or distribute the content of this article for noncommercial or personal use, provided you do not alter it and you give us proper credit.

The content of this article is for informational purposes only. It is not legal advice or advertising. In addition, the above discussion has been provided in general terms and, therefore, should not be relied upon as legal advice applicable to a specific set of facts and circumstances. Before taking legal action, consult a lawyer you trust. Although we will try to be accurate, you cannot rely on its applicability to your specific problem without consulting your lawyer. Fiddler González & Rodríguez, P.S.C. and the members of the Environmental Practice Group assume no responsibility to inform you of additional changes in law or any other legal issues related to matters addressed in this email of which we may become aware after the date hereof.

***IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any United States federal tax advice in this communication (including any attachments) is not intended or written by Fiddler González & Rodríguez, PSC to be used, and cannot be used, for the purpose of (i) avoiding any penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ***

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