The growth of the Dominican population and economic activities over recent decades has taken place within a framework of complete absence of planning, organization, and proper territorial management. Consequently, land use has developed in disregard of morphological conditions, urban growth patterns, and without taking into account the vulnerabilities of the climate and environmental systems.
The creation of this framework had already been a pending task assigned by the General Law on the Environment and Natural Resources in 2000. Finally, on June 30, 2015, the Chamber of Deputies of the Dominican Republic approved the so-called Organic Law on Territorial Planning and Land Use, which represents one of the first steps toward advancing compliance with the nation’s objectives. The fundamental purpose of this legislation, whose central pillar is the National Development Strategy (END) 2030, is to plan Dominican territory in order to promote the comprehensive and balanced development of its inhabitants and improve their quality of life. The law is intended to apply throughout the entire national territory of the Dominican Republic and its maritime space.
The law requires the creation of the National Territorial Planning Plan (PNOT), under the responsibility of the General Directorate of Territorial Planning and Development, a dependency of the Ministry of Economy, Planning and Development. This plan will serve as the instrument responsible for regulating land use and territorial occupation in the Dominican Republic, allowing for the management and facilitation of comprehensive public policy implementation within the territory, as well as defining the general guidelines for territorial organization at the national level.
Consequently, it orders the creation of the Regional Territorial Planning Plan (PROT), as well as the preparation of the Municipal Territorial Planning Plan (PMOT) for territorial planning at regional and municipal levels. These plans will also be developed by the Ministry of Economy, Planning and Development and will be under the responsibility of Urban Planning Offices, in coordination with the relevant sectoral entities of each municipality.
Furthermore, the law requires the creation of the National Territorial Planning System (SNOT) for the definition of policies, objectives, goals, and priorities regarding land use and territorial occupation within the different municipalities. It also establishes the National Information System, aimed at the comprehensive collection and processing of data, facilitating the formulation of policies, plans, programs, and projects, as well as access to and use of geographic information regarding the territory. Both systems will operate under the direction of the Ministry of Economy, Planning and Development.
The aforementioned instruments will operate and establish the various policies and objectives based on the land-use categorization created by the applicable legal framework, which determines the different activities assigned to a specific portion of land, classified as follows:
a) Urbanized: for residential, commercial, institutional, tourism, recreational, and industrial uses;
b) Industrial: divided into Class A: Hazardous and harmful; Class B: Nuisance-generating; Class C: Harmless;
c) Agricultural: for perennial crops, annual single-harvest crops, annual multiple-harvest crops, traditional agriculture, pastures and forage, protected environments, and forestry;
d) Forestry: protection forests, conservation and sustainable management forests, and production forests;
e) Mining: metallic and non-metallic;
f) Coastal-marine: urbanized, tourism, connectivity services, industrial or energy production services, seabed mining, fishing and agricultural production, and protection and conservation of fragile ecosystems;
g) Special services: connectivity services, energy production services, product commercialization, water storage and waste management, and national security; and
h) Protected areas.
At the time of planning and confirming the territorial category and/or classification, any individual, entity, and/or legal person interested in territorial development must obtain a “No Objection to Land Use” from the Municipal Governments, taking into consideration the potentialities and limitations of the territory in question.
Finally, we conclude that the bill is currently before the Senate of the Dominican Republic, where it is being reviewed by a special committee created specifically for this purpose, after which it will be submitted to the Executive Branch.
If approved and enacted, the law will constitute the general framework for the implementation and creation of its corresponding Application Regulations. It confirms the responsibility of the Central Government of the Dominican Republic to administer and organize territories from the primary levels of governance, corresponding to municipalities and local governments, up to the national level, becoming a milestone in the development of economic activity planning in the country.
ERRATA NOTICE
This article formally replaces the article entitled: “Approval of the Organic Law on Territorial Planning and Land Use”, published in the Legal Focus – Monthly Bulletin, issued on August 4, 2015.
