Agreement 25-2004 - Regulation of the Territorial Planning Law

The purpose of this General Regulation is to develop the principles, objectives, procedures and the functions, forms and contents of the instruments provided for in the Land Use Planning Law. Likewise, to establish the mechanisms of operation and coordination of the administrative bodies provided for in the Law. DEFINITIONS CHAPTER II

For the purposes of this General Regulation, the following definitions are established:

• 1)

  LAW: Land Use Planning Law;

• 2)

  SECRETARIAT: State Secretariat in the Offices of Governance and Justice;

• 3)

  DIRECTORATE: General Directorate of Land Use Planning;

• 4)

  CONOT: National Council of Land Use Planning;

• 5)

  CEOT: Executive Committee of Land Use Planning;

• 6)

  CODOT: Departmental Council of Land Use Planning;

• 7)

  COMOT: Council of Land Use Planning of Associations of Municipalities;

• 8)

  UTED: Departmental Technical Unit;

• 9)

  UIT: Territorial Information Unit OF THE ORGANIZATION OF LAND USE PLANNING SECOND TITLE NATIONAL COUNCIL OF LAND USE PLANNING CHAPTER I

In accordance with the Law, CONOT is composed of:

• 1)

  The State Secretary in the Offices of Governance and Justice, who shall preside over it;

• 2)

  The State Secretary in the Offices of Natural Resources and Environment;

• 3)

  The State Secretary in the Offices of Agriculture and Livestock;

• 4)

  The State Secretary in the Office of Education;

• 5)

  The State Secretary in the Office of Health;

• 6)

  The State Secretary in the Offices of Public Works, Transportation and Housing;

• 7)

  The State Secretary in the Office of Finance;

• 8)

  The Minister Director of the National Agrarian Institute (INA);

• 9)

  A representative of the Permanent Commission of Contingencies (COPECO);

• 10)

  A representative of the Association of Municipalities of Honduras (AMHON);

• 11)

  A representative of the ethnic entities of Honduras;

• 12)

  A representative of Peasant Organizations;

• 13)

  A representative of Workers' Organizations;

• 14)

  A representative of the Federation of Patronage Boards of Honduras;

• 15)

  A representative of the Colleges of Professionals of Honduras;

• 16)

  A representative of the Honduran Council of Private Enterprise (COHEP);

• 17)

  A representative of Women's Organizations;

• 18)

  A representative of Youth Organizations;

• 19)

  A representative of the universities; and,

• 20)

  A representative from each of the legally registered Political Parties. Members of the National Council of Land Use Planning may not delegate their representation to any other official, except for formally justified cause and shall meet in ordinary sessions two (2) times per year, at the rate of one (1) per semester, and in extraordinary sessions as many times as necessary.

For ordinary and extraordinary sessions, the first call shall be made at least thirty days in advance in which the place, date and agenda of the session shall be set. If it does not meet on first call, the meeting shall be held two hours later with those who attend. CONOT shall be established on first call with more than half of its members and decisions shall be made by the favorable vote of the majority of members present. On second call, CONOT shall be established with the members who attend and its decisions shall likewise be made by majority.

Ordinary and extraordinary sessions shall be convoked by the Secretariat. In the case of extraordinary sessions, the convocation shall be made by decision of the Secretariat, at the request of CEOT or CONOT.

From each session of CONOT, ordinary or extraordinary, minutes shall be drawn up which shall contain the resolutions, proposals and agreements. The minutes shall be signed by the members present and shall not require subsequent approval.

The designation of representatives to CONOT from the institutions established in numerals 9, 10, 15, 16, 19 and 20 of Article 9 of the Law shall be made by the management body of said institutions or of the organization that groups them. For numerals 11, 12, 13, 14, 17 and 18 of Article 9 of the Law, the institutions for the designation of their representatives to CONOT, the Secretariat through notices published in the media shall invite legally constituted institutions to elect their representative within a period of thirty days from the date of publication. If after thirty days have passed they have not designated their representative to CONOT, the Secretariat shall appoint one ex officio until the planned designation is made.

The designated representatives shall accredit their condition by means of certification of the point of the minutes in the case of the first paragraph of the previous article or by means of a certificate duly signed by those present in the case of the second paragraph of the same article.

When issues concerning forest or tourism development are discussed, the institutions that according to Law have competence in those areas shall be convoked to the meetings of CONOT so that they participate giving their opinion, with the object of better decision-making.

In accordance with Articles 8, 9, 10, 11, 12 and 13 of the Law, CONOT has the authority to establish, at the national level, the mechanisms for the identification and proposals of approved policies, as well as the strategic themes and directives. It also has, among others, the power to promote initiatives, policies and lines of action for their inclusion in the plans, programs and instruments of Development Planning, in relation to Land Use Planning. For this purpose it may organize commissions and working groups to fulfill the attributions that in matters of development and spatial organization of the country's resources are required by Land Use Planning instruments.

CONOT shall create the Commissions that are required, whose structure and composition shall be defined by it itself, which shall operate under the coordination of CEOT. Without prejudice to what is established in the previous paragraph, the following Commissions are created: operational body responsible for facilitating and following up on its actions. Each commission shall have a technical secretary assigned to one of the State Secretariats and competent entities with the subject matter being addressed. 1. Inter-agency Technical Commission on Land (CTIT); 2. Inter-agency Commission on Spatial Data (CIDES); 3. National Commission on Risk Management (CNGR); 4. National Commission on Human Settlements, Infrastructure and Social Equipment (CNAES); 5. Commission on Demography and Population Movement (CDMP); 6. Commission on Renewable and Non-Renewable Natural Resources and Protected Areas (CRNAP); 7. Commission on Natural, Cultural Heritage and Tourism (CPNCT). The structure and composition of these commissions shall be determined and assigned to CEOT and shall be governed by their own General Regulation.

In accordance with the Law, CEOT is composed of:

• 1)

  The State Secretary in the Offices of Governance and Justice, who shall coordinate it;

• 2)

  The State Secretary in the Offices of Natural Resources and Environment;

• 3)

  The State Secretary in the Office of Education;

• 4)

  The State Secretary in the Offices of Public Works, Transportation and Housing;

• 5)

  The State Secretary in the Offices of Agriculture and Livestock;

• 6)

  The Commissioner of the Permanent Commission of Contingencies (COPECO); and,

• 7)

  The Executive Director of the Association of Municipalities of Honduras (AMHON).

CEOT shall meet on the last Thursday of each month upon convocation by the Secretariat, which shall be made fifteen days in advance. CEOT shall be established with more than half of its members and decisions shall be made by simple majority of the members present. The Directorate shall act as Technical Secretariat of CEOT and shall participate in its meetings with voice but without vote.

From each session of CEOT, minutes shall be drawn up which shall contain the resolutions, proposals and agreements. The minutes shall be signed by the members present and shall not require subsequent approval. DEPARTMENTAL COUNCILS OF LAND USE PLANNING CHAPTER III

According to Article 16 of the Law, CODOT shall be organized in each department, which shall be composed with the participation of the delegates of the institutions that make up CONOT and that operate at the departmental level. They shall be coordinated by the Departmental Governor and shall be subordinate to CONOT, without prejudice to the actions that institutionally their represented entities can channel. The Governor of each department shall convoke in the month of February of each year the mayors of its jurisdiction and two (2) representatives of the associations of municipalities that incorporate municipalities of the Department under its responsibility and that have organized their Councils of Land Use Planning, to form with them the agenda of management and promotion before the Central Government and its sectoral bodies, of all projects contemplated in the municipal or associations of municipalities strategic plans, of the regional plans and of the land use planning plans of areas that by their magnitude and/or complexity exceed the capacities of the communities and the municipalities. The Departmental Governors shall deliver their management plan to CONOT in the month of July, prior to the date of presentation of the National Budget of the Republic to the National Congress.

The institutions represented in the CONOT that operate in the department shall designate their representatives to the CODOT through official communication directed to the Departmental Governor in the case of state institutions. In the case of the other institutions, they shall do so under the procedures established in article 7 of this General Regulation.

The CODOT shall be established with more than half of its members duly accredited, and decisions shall be made with two-thirds of the members present.

Minutes shall be taken of each CODOT session which shall contain the proposals and agreements. The minutes shall be signed by the members present and shall not require subsequent approval. TERRITORIAL PLANNING COUNCILS OF MUNICIPAL ASSOCIATIONS CHAPTER IV

National Congress of Honduras ARTICLE 19.- The Territorial Planning Councils of the Municipal Associations shall be composed of delegates from public organizations and communities that operate in each participating Municipality. The organization and operation of these Councils shall be governed by their own General Regulation.

To facilitate the management of the Councils of Municipalities Associated in Common Purposes, the Departmental Councils may establish networks of participation and support to assist them. The members of these support networks must be personnel with the level of knowledge and experience in the areas that need to be addressed. TECHNICAL UNITS OF TERRITORIAL PLANNING CHAPTER V

In each Departmental Governorship, a Technical Unit of Territorial Planning shall function that will provide support to the Departmental Council, to the Councils of Municipalities Associated in Common Purposes, and to the Municipalities, and shall ensure that projects are articulated with the objectives of the entities that make up the CONOT. However, when circumstances warrant it according to the spirit of the Law, the Departmental Technical Units may assist other departments, in accordance with what is established by the CONOT.

The Departmental Technical Units of Territorial Planning are responsible for supporting the preparation, execution, and integration of municipal plans, plans for municipalities associated in common purposes, and regional plans of territorial planning. These units shall have advisory services in matters of land legislation, services, industry, ecology, anthropology, and others that are deemed appropriate. The Secretary shall support management efforts to ensure such advisory services. The entities responsible for advising these units shall refer and ensure that they comply with the guidelines of the Territorial Planning plans when they provide financing for their operations.

In order to give greater consistency to Regional Planning and Territorial Planning, the personnel and specialties of the Departmental Technical Units of Territorial Planning shall be formed and integrated based on the total population, extension, characterization, territorial homogeneity, and critical or emerging situations of the municipalities involved. It is considered that a typical composition of UDOT shall be made up of professionals in the areas of regional planning, urban planning, economics, social affairs, land administration, infrastructure, and services. The CEOT shall review and approve annually the professional and technical composition of the UDOT, according to the demographic, social, and economic dynamism of the departments of the country.

The Municipalities that have their own technical units for territorial planning shall be assisted and supported by the Directorate and by the Departmental Technical Units, when warranted. GENERAL DIRECTORATE OF TERRITORIAL PLANNING CHAPTER VI

The General Directorate of Territorial Planning, dependent on the Ministry of State in the Offices of Governance and Justice, is responsible for the execution, technical coordination, synchronization of actions in the preparation and contents of technical instruments of territorial planning and the relationship with other entities and technical units of the public and private sectors.

General Directorate, responsible for the coordination, supervision and conduct of the functions attributed in the Law and the present General Regulation, in representation of the Ministry, and of the following technical units and respective commissions: The General Directorate of Territorial Planning shall act as Executive Secretary of the CONOT and of the CEOT and is structured as follows: 1. Territorial Planning Unit, with the following functions:

• a)

  Support the preparation of the National Plan of Territorial Planning and its adequate articulation with the Plans that derive from it;

• b)

  Monitor the processes of territorial planning at the local, departmental and regional level;

• c)

  Support in the diagnosis, design of policies, strategies and technical instruments for territorial planning in all geographic areas of the country;

• d)

  Supervise and evaluate the Plans of Territorial Planning in all its areas and levels; and, e. Others assigned by the Director. 2. Unit of Human Settlements and Social Equipment, with the following functions:

  • a)

    Design methodological guides for the preparation of territorial planning plans for human settlements in all geographic areas of the country;

  • b)

    Design the social equipment regulations for human settlements, in agreement with the corresponding Ministries and in accordance with their category and complexity;

  • c)

    Issue opinions on municipal requests for the creation and expansion of urban perimeters and;

  • d)

    Others assigned by the Directorate. 3. Technical Unit for Conflict Analysis, with the following functions:

    • a)

      Prepare reports on the matter with the support of the other units of the Directorate and recommend alternatives;

    • b)

      Analyze boundary conflicts within the scope of national territory, use, access and occupation of land, according to established procedures;

    • c)

      Assist in mediation and intermunicipal conflict resolution processes;

    • d)

      Others assigned by the Director. 4. Unit of Risk Management, with the following functions:

      • a)

        Prepare and propose strategies and regulations to reduce vulnerability with regard to risks from natural phenomena in all areas;

      • b)

        Develop criteria for the application of policies and strategies of risks, vulnerability and emergency at the local and departmental instances;

      • c)

        Integrate the mechanisms of Risk Management and Vulnerability into the Plans of Territorial Planning, providing support and technical assistance to the UDOT and to the municipalities;

      • d)

        Others assigned by the Director. 5. Territorial Information Unit (UIT), is responsible for the permanent management of the National System of Territorial Information (SINIT), with the following functions: a. Formulate the regulatory, operational and technological framework of SINIT. b. Integrate and manage spatial and alphanumeric information produced by public and private institutions in the country in matters related to the biophysical and socioeconomic characterization of the territory. c. Develop computer tools and instruments that facilitate the interaction between SINIT and the different institutions that generate data related to the characterization of the territory; d. Design, Implement and Manage the Connectivity Network of the National System of Territorial Information; e. Act as a facilitator of data, information and analysis for the Registry of Territorial Planning Regulations (RENOT). f. Others assigned by the Director. 6. Registry of Territorial Planning Regulations (RENOT), with the following functions: a. Classify, systematize and register the territorial planning plans that are developed throughout the national territory, and that have been validated within the national policies, constituting a single registry of these plans and an evaluator of their compliance; b. Register the territorial planning regulations that are generated as a product of the officialization of the territorial planning plans and that, in that sense, shall express rights, restrictions and impacts on assets located in each one of the territorial areas considered in the Law and this General Regulation; and, c. Publish the information related to the plans and territorial planning regulations that are developed in the country, using dissemination instruments and mechanisms that ensure public access without restrictions to the data, under a framework of democratization and transparency in the management of information. The publication of the information shall be aimed at promoting the knowledge of Honduran citizens or foreign nationals with interests in the country. The aforementioned publicity shall be made without prejudice to the obligation of the authority issuing the regulation to publish it in the manner provided by the respective Laws; d. Others assigned by the Director. 7. Unit of Population and Internal Migration, with the following functions:

        • a)

          Analyze population, demographic and social trends and prepare present and future scenarios;

        • b)

          Coordinate, make compatible, integrate, exchange and register information relevant to its function from other official and private sources;

        • c)

          Establish the basis for a population and internal migration policy; and, d. Others assigned by the Director; OF THE TECHNICAL INSTRUMENTS OF TERRITORIAL PLANNING THIRD TITLE

In accordance with Article 46 in relation to Article 7 numerals 1 and 5 of the Law, the technical instruments of planning and of an obligatory character are the following:

• 1)

  National Plan of Territorial Planning;

• 2)

  Regional Plan of Territorial Planning;

• 3)

  Municipal Plan of Territorial Planning;

• 4)

  Plan of Territorial Planning for Areas under Special Regime; and, 5. Other plans that the CEOT considers. The Regional Plan and the Municipal Plan of Territorial Planning shall be prepared on the basis of the methodological guides prepared by the Directorate.

All technical instruments of territorial planning shall generate programs and projects that guide and link and incentivize public and private investment, and cooperation, under a framework of sustainable development in the short, medium and long term. NATIONAL PLAN OF TERRITORIAL PLANNING CHAPTER I

The National Plan of Territorial Planning is the technical-political instrument that contains the policies, strategies, programs and investment projects and the norms that regulate the use of land, the administration of natural resources and the integral occupation of the territory. Due to its long-term character, the Plan guides activities of the economic, environmental and social sectors in the national, regional, municipal and areas under special regime scopes, serving as a reference framework for the different sectoral plans and strategies, and is constituted by the plans of use and occupation of the territory in the corresponding levels.

The National Plan of Territorial Planning shall be prepared on the basis of territorial diagnosis, analysis of territory use and its conflicts and the perspectives and potential of use and occupation of the territory. The National Plan of Territorial Planning shall contain the guidelines, the declarations and the national map of territorial zoning.

The guidelines of the National Plan of Territorial Planning include the aspects linked to:

• 1)

  Honduras in the world and regional context;

• 2)

  Protected areas of all categories;

• 3)

  Tourist areas and cultural, ethnic and archaeological heritage;

• 4)

  Areas of production and conservation of water resources;

• 5)

  Areas of agricultural and livestock production;

• 6)

  Areas of productive forest and growing forest;

• 7)

  Areas of subsoil exploitation;

• 8)

  Areas of industrial and maquila production;

• 9)

  Areas of risk from natural phenomena;

• 10)

  The national system of human settlements, strategic areas of conurbations and social equipment;

• 11)

  Infrastructure works and services;

• 12)

  Plants and facilities for energy generation;

• 13)

  Areas related to the National Cadastral Registry; and 14. Special areas with territorial impact.

Declarations constitute territorial impacts made in accordance with special laws, whose application corresponds to the authorities designated in such laws.

The national map of territorial zoning shall be prepared at a scale of 1:500,000 and the graphic and digital representations at the most appropriate scales containing the spatial location of the National Territorial Ordering Strategy that establishes the basic guidelines of the Plan of the Nation.

The National Plan of Territorial Ordering constitutes the mandatory framework of reference for regional and local planning. Such Plan, as well as the Regional Plans of Territorial Ordering and of Areas Under Special Regime, shall be prepared under the coordination of the Secretary with the support of the CEOT, adopted by the CONOT and approved by the President of the Republic in Council of Ministers. It shall contain in turn the studies, the territorial alternatives and the population and statistical information linked to sectoral and local planning, and shall be reviewed every five years.

The Regional Plan of Territorial Ordering is the technical instrument that guides the activities of the economic, environmental and social sectors in the regional scope and serves as reference to the different sectoral plans and strategies, and is constituted by the plans of use and occupation of territory at the regional level.

For the purposes of the Regional Plan of Territorial Ordering, region is considered to be hydrographic basins, a set of departments, inter-municipal associations, inter-municipal associations by conurbation and other zones that by their importance or territorial homogeneity the Secretary determines.

The guidelines of the Regional Plan of Territorial Ordering are the aspects linked to the region in the national context and the others enumerated in the articles related to the National Plan of Territorial Ordering of this General Regulation.

The Regional Plan of Territorial Ordering is mandatorily referred to the National Plan and is a mandatory reference in the local scope, of the Municipalities and of the Inter-municipal Associations when applicable.

The regional map of territorial zoning shall be prepared at an appropriate scale and in digital form and contains the spatial location of the Regional Strategy of Territorial Ordering properly integrated into the National Plan of Territorial Ordering.

The Regional Plan of Territorial Ordering constitutes the technical instrument of inter-municipal coordination and specifies the strategies, programs and investment projects, and in particular the major works of basic infrastructure and the management of hydrographic basins. It shall be reviewed at least every five years.

The Municipal Plan of Territorial Ordering is the technical instrument that guides activities of the economic, environmental and social sectors in the municipal scope and serves as reference to the different sectoral plans and strategies and is constituted by the plans of use and territorial occupation at the municipal level.

The Municipal Plan of Territorial Ordering shall be prepared on the basis of territorial diagnosis, analysis of territory use and its conflicts and perspectives of use and occupation of territory. The Municipal Plan of Territorial Ordering shall be mandatorily referred to the Regional Plan and the National Plan of Territorial Ordering.

The territorial diagnosis shall be a participatory process that shall consider the following aspects:

• 1)

  Population aspects such as evolution, structure, demographic indices, cultural and ethnic characteristics;

• 2)

  Human settlements, their hierarchy, degree of occupation, evolution, administrative limits and housing;

• 3)

  Social aspects such as health, education, gender equity, citizen participation, food security, social and political organizations and interest groups;

• 4)

  Biophysical aspects such as geology, geomorphology, soil, climate, fauna and vegetation;

• 5)

  Economic aspects such as production systems by primary, secondary and tertiary sectors, employment generation capacity, potential for industrial, financial and commercial development;

• 6)

  Social facilities such as potable water and sanitation services, energy, communications, transportation and educational, health, sports, community, sanitary and recreational facilities;

• 7)

  Infrastructures such as road system, hydraulic works and irrigation systems;

• 8)

  Vulnerability of people, infrastructure, services and ecosystems in the face of natural phenomena; and 9. Legal and institutional aspects such as declarations, reserves, cadastral system, registers, property regime, limits, competencies and authorities.

The analysis of territory use and its conflicts shall comprise the characterization of current use, use conflicts, the evolution of territory aptitude, its occupation and identification of risk areas.

The perspective of use and occupation of territory shall comprise the following: 1. The territorial municipal vision; and, 2. The formulation of municipal policies, strategies and objectives;

The Municipal Plan of Territorial Ordering shall contain the guidelines, declarations and the municipal map of territorial zoning.

The guidelines of the Municipal Land Use Planning Plan are the aspects linked to the municipality in the regional and national context and the others enumerated in the National Land Use Planning Plan in this General Regulation. It shall also comprise ordinances, land use plans for human settlements, regulations and procedures, the list of particularized projects and plans such as transportation, risk, management of water resources and ecological resources.

The municipal map of territorial zoning shall be prepared on a scale between 1:500 to 1:50,000 and graphic or digital representations on a convenient scale, in accordance with the territory and population, and contains the spatial location of the Municipal Land Use Planning Strategy based on regional and national guidelines, respectively. For human settlements, scales preferably between 1:500 and 1:10,000 and graphic or digital representations on a convenient scale shall be used.

The municipal map of territorial zoning shall be prepared on the basis of micro-watersheds and their relationship of importance with human settlements.

The preparation of Municipal Land Use Planning Plans shall be a participatory and concerted process, for which the following phases must be complied with:

• 1)

  Preparation and promotion, which involves the agreement of the Corporation, the organization of participation and consultations with the population, requests for technical advice, identification of sources of financing and the creation of necessary administrative units;

• 2)

  Preparation of the territorial diagnosis with the support of facilitators and technical assistance, and preparation of the vision or objective territorial image, and community validation thereof;

• 3)

  Presentation of territorial alternatives, of the land use planning plan, of the land use plan, of plans for municipal areas under special regime and of general and specific regulations;

• 4)

  Approval of the Municipal Land Use Planning Plan by the Municipal Corporation in Open Cabildo in accordance with the procedures provided in Title IV of this General Regulation, and 5. Notification to the Directorate for verification of compatibility with the National and Regional Plan and Registration.

The Land Use Planning Plan for Areas Under Special Regime is the technical instrument of territorial regulation and criteria of exceptionality founded on the following considerations: investment priority, strategic importance, natural disasters, declaration of heritage of humanity, protected areas, among others. The plans for areas under Special Regime have primacy over other types of plans.

For the purposes of this General Regulation, areas under special regime are those that have destinations and restrictions on use and occupation in accordance with special laws on the matter. The following are recognized as special laws: the General Environmental Law, Framework Law of the Drinking Water and Sanitation Sector, the General Water Law, General Mining Law, Forest Law, the Property Law and other related laws.

The Land Use Planning Plans for Areas Under Special Regime shall take into account special laws and, in accordance with what is established in the Land Use Planning Law, shall utilize the integration entities cited in numeral 3 of Article 22 of the Law as concertation instances. Such plans shall contain guidelines stated in Article 34 of this General Regulation and in international agreements and conventions.

The Land Use Planning Plans in Areas Under Special Regime may include land use plans, particularized plans and others that are deemed necessary and convenient to propose.

Particularized Land Use Planning Plans are considered as urbanistic projects graphically represented on a detailed scale regarding land use and occupation, right-of-way, roadway and circulation direction, new construction alignments, volumetry, densities and profiles of a given urban zone. Notwithstanding the above, the CEOT may declare as subjects of particularized plans zones or areas of special strategic value that merit such consideration.

For the purposes of Land Use Planning, instruments related to this matter shall also be considered, including general regulations, specific construction regulations, supervision and conservation of the national road network including terrestrial, maritime and aerial communication routes, inter-urban and rural; those of integrated agricultural development, irrigation and drainage; those of water resources, forest management, mines and hydrocarbons, energy; of environmental evaluation and management; as well as general municipal regulations on subdivision and urbanization, general regulations on urban and rural zoning, all those related to land use planning, as well as administrative regulations of the entities that make up CONOT.

RENOT, in accordance with Article 47, numeral 7 of the Law, establishes RENOT as the specialized system that registers all territorial information sent by the institutions mentioned in Article 51 of the Law, such as laws, regulations, regulations, ordinances, legal documents, maps and provisions that determine any incidence of land use planning that they handle and that in accordance with the Law regulate or limit the rights of use or disposition of national, municipal and private real property. The Registry shall include, among others, the following:

• a)

  Sovereignty and borders;

• b)

  Urban and rural zoning;

• c)

  Pollution and environmental monitoring;

• d)

  Natural resources and environment;

• e)

  Anthropology and history;

• f)

  Administrative easements, and;

• g)

  Others.

The management and maintenance of RENOT corresponds to the Secretariat of Governance and Justice and is part of the National System of Property Administration (SINAP). The Secretariat, through RENOT, acts as responsible for: 1. Registering and publishing the rights, restrictions and encumbrances applicable to property located on the territory of the nation that in matters of land use planning are established by national or municipal means. 2. Notifying the Real Property Registry of the rights, restrictions and encumbrances that, in accordance with the Law and the Land Use Planning Regulations, affect national, municipal and private real property, including areas under special regime, so that they are reflected in the property titles registered under the Real Property Folio. 3. Informing, where applicable, about the incompatibilities that might occur as a result of the application of different regulations over a territorial space, proposing corrective measures to the CEOT.

Only the regulations submitted by the entities mentioned in Article 51 of the Law shall be registered in RENOT, in accordance with the Officially Authorized Application Guide duly authorized by the CEOT, which shall constitute the Special Regulation that shall govern RENOT.

In accordance with Article 48 of the Law, the National System of Territorial Information is established as a national archive that consolidates and administers the basic biophysical and socioeconomic information that shall serve as the official source of data for formulating the different land use planning instruments stipulated in Article 52 of the Law and its regulations. Likewise, SINIT acts as the primary and official source of data for the formulation of Land Use Planning regulations that, under the framework of plans, shall promote impacts and changes in the form of use and occupation of territory.

SINIT is also constituted as an agent that promotes technological innovation and standards for the production of thematic cartography in Honduras. These standards shall be proposed by DGOT, analyzed by CIDES (Interagency Commission for Spatial Data) and subsequently adopted as official by resolution of CONOT.

The basic structure of SINIT shall contain information organized into four major areas:

• 1)

  Basic Cartography;

• 2)

  Physiography and Natural Resources;

• 3)

  Infrastructure and Social Equipment; and 4) Social and Economic Aspects. The information in SINIT, once registered in the aforementioned thematic areas, shall be denominated as a "dataset" which shall have a technical record indicating the sources and copyrights, content responsibilities, methodology for obtaining data, dates, and other baseline data. This technical record shall be named Metadata.

The management and maintenance of SINIT corresponds to the Directorate. SINIT is part of the National System of Property Administration (SINAP).

All institutions that generate, prepare, or use information linked to and applicable to Territorial Planning are obligated to incorporate the results of their research and studies into SINIT, using for this purpose the means and mechanisms set forth in the General Regulation of the "National Infrastructure for Spatial Data (INDES)". In said Regulation, standards shall be detailed, among others, regarding toponymy and symbology for the preparation of thematic cartography and complementary graphics.

All information entered into SINIT may not be withdrawn by the contributing or owning institution unless the withdrawal request is due to errors in form and/or content that must be corrected.

The administration of SINIT corresponds to DGOT, which shall regulate access to SINIT, shall publish it and make it available in accordance with its special regulation. In attention to the foregoing, at least three types of accounts are recognized:

• a)

  user (citizen or institution with sole query possibilities);

• b)

  active partner (governmental institution with possibilities to copy, add, query, and analyze SINIT data); and c) administrator, a unique account that allows the administration of all SINIT resources, the creation, modification and deletion of accounts and, in general, unrestricted access to all information.

It corresponds to the Secretariat to ensure the means for the sustainability of SINIT and for this purpose may use the technical and financial means it deems most convenient. REGARDING PARTICIPATION, CONSULTATION AND COMMUNICATION TITLE IV

All information generated by territorial planning processes, by the application of the Law and this General Regulation, is of a public nature and its access and knowledge shall be guaranteed to the population.

Territorial planning shall be carried out with citizen participation under criteria of social and gender equity, recognizing the intrinsic value of all social groups, particularly ethnic groups.

For public consultation in the prior phase of diagnostic elaboration, the organized population and representative institutions shall be convened to participate with opinions on the topics, problems, or strategic axes raised in the respective Methodological Guides, through documents that shall be displayed in public places during a calendar period established by the Municipality, for a period of no less than 30 calendar days, with observations recorded in the corresponding record book.

For public consultation of the Diagnostic, the Vision or objective Image and the Proposal of the Plan (Regional and/or Municipal), documents shall be formulated whose content shall respond to a Methodological Guide previously prepared by the Directorate. Said documents shall be expressed in texts, maps, images, graphics, models, and others; using all possible dissemination media that shall be displayed in public places during a calendar period established by the Municipality, for a period of no less than 30 calendar days, with observations recorded in the corresponding record book.

Once the public consultation process is concluded and the observations made by the population and institutions are taken into account, the final content of the Plan shall be presented to the Municipal Corporation for its consideration and final approval in open council.

In cases of disagreement with the final approval resolution by the Municipal Corporation, the remedies established in the Law of Municipalities and its General Regulation shall be available.

The approved Territorial Planning Plans shall be reviewed and updated when warranted by serious cause in partial aspects and, in full, at least every 10 years.

The monitoring of the execution of the plans shall be carried out annually by the respective municipal corporations and shall report it to the Directorate in documented form. TITLE V

The resolution of conflicts arising from territorial planning, regarding competencies, actions, or dispute of rights, shall be carried out in accordance with what is established in Article 54 of the Law or in this General Regulation.

The following conflicts shall not be subject to resolution in accordance with this General Regulation: 1. International terrestrial, maritime, airspace, continental platform, and marine riparian, brackish, and freshwater zone boundaries; and, 2. Real property rights over immovable property whose legal regime falls under private law.

Municipal Corporations have first-instance jurisdiction to hear conflicts or litigation arising within their jurisdiction from the application of Articles 25 numeral 11) and 65 of the Law of Municipalities. Interested parties shall appear before the Municipal Corporation, which shall resolve summarily. In case of disagreement or dissatisfaction, the interested party or parties may appeal to the Departmental Governor. The party in disagreement shall resort to conciliation and arbitration procedures or to judicial proceedings if they deem it appropriate.

Intermunicipal boundary conflicts may be resolved by agreement of the parties, or, failing that, by resolution of the Secretariat of Governance and Justice; but in both cases, the Departmental Governor with jurisdiction over the claiming municipalities shall have first-instance jurisdiction. When the conflict is between municipalities within two or more departments, the respective Departmental Governors shall proceed collectively. The second and final administrative instance shall be the Secretariat of Governance and Justice.

In cases where the parties in conflict seek to resolve their dispute by mutual agreement, they must first hold a plebiscite with all residents of their municipal term, in accordance with the provisions of Article 25 authority 10) of the Law of Municipalities and Articles 16, 17, and 18 of the General Regulation, and, once this requirement has been satisfied, one or both parties shall appear, as appropriate, before the Departmental Governor of their jurisdiction.

In cases of appearance before the Departmental Governor, such appearance shall be made in writing, through the Municipal Mayor, in his capacity as legal representative, or through an authorized agent, expressing the name of the place and the territorial area of the site in question, accompanied by the following documents:

• 1)

  Certification of the election agreement, or power of attorney, respectively;

• 2)

  Certification of the Municipal Corporation act in which the Municipal Mayor was authorized to sign the conflict resolution agreement;

• 3)

  Certification of the final act of the special Municipal Corporation session on the plebiscite results, when a negotiated agreement between the parties is to be signed;

• 4)

  Land titles, certifications of Executive Agreements or Legislative Decrees related to the creation of the municipality, maps, and any other authentic documents concerning the origin of the municipality.

The Departmental Governor to whom the request for boundary solution has been submitted shall open a file with the written request and accompanying documents, and shall notify the Municipal Mayor of the municipality with which the conflict exists, to appear with the documents required in the previous article at a hearing in which he shall endeavor to achieve a conciliatory resolution of their dispute. In cases where both parties have previously reached an agreement to resolve their differences, they may appear jointly before the Departmental Governor with the documents referred to in the same article. When the conflict involves another or other municipalities from another or other departments, the notice shall be directed to them to appear at the hearing.

When the Departmental Governor or Governors, as appropriate, fail to achieve reconciliation of the parties' differences, he shall record this circumstance in an act and shall remit the file to the Secretariat of Governance and Justice, through the General Secretariat, which shall review the file, and if appropriate, shall require the parties to clarify or supplement the particulars of their petitions and to present omitted documents, in accordance with Article 63 of the Administrative Procedure Law.

Once these proceedings have been completed, the General Secretariat shall remit the file to the Inter-institutional Commission for the Resolution of Municipal Conflicts, composed of the General Directorate of Territorial Planning, the Property Institute through the Executive Directorate of Cadastre, the General Secretariat, the Legal Services Unit, and the Administrative Directorate of Tenant Affairs, and any other entity or institution that the Secretariat of Governance and Justice deems appropriate. This commission shall be presided over by the General Directorate of Territorial Planning.

The Commission shall convene the Municipal Corporations, with their legal technical personnel, to a hearing, in which, after hearing their claims, they shall be invited to formulate a proposed solution to their conflict; but, if they persist in their claims, the Commission shall record this in the act to be signed by those present; shall order that field verifications or title analyses be conducted, as necessary, and once these are completed within the designated timeframe, the Commission shall return the file accompanied by the technical legal opinions of the DGOT, DEC, and Legal Services.

Once the file is returned with the opinions mentioned in the following article, the General Secretariat of Governance and Justice shall issue a determination. Upon conclusion of the proceedings, it shall forward the determination so that the Secretary of Governance and Justice may issue the Definitive Resolution in which the solution to the conflict shall be ordered. If the controversy concerns legislative interpretation or redefinition of the regulatory framework, the Secretariat shall declare that the litigation or controversy must be resolved by the Legislative Branch.

Upon conclusion of the proceedings, when the decision is within the administrative sphere, the Secretariat of Governance and Justice shall issue its resolution within forty (40) days, resolving on the points in conflict and ordering its execution.

Vulnerable and risk areas exposed to landslides and/or severe flooding, officially defined and approved by the Municipal Corporation, may not be used for human settlements, dwellings, public infrastructure works, or the construction of industrial facilities. This condition may only be changed when public works and labor, officially accepted by the Corporation, have eliminated the condition of vulnerability and risk.

In areas officially declared to be under seismic risk recognized by the Municipal Corporation, the construction of dwellings and human settlements shall not be permitted, unless such constructions comply with official norms and regulations for earthquake-resistant construction.

In cases of conflicts over the priority of use of natural resources and human settlements, priority shall be given to the latter, in accordance with the availability of water in quantity and quality and without prejudice to the sustainability of natural resources.

Conflicts arising from the change in use of forest to agricultural and livestock uses shall be resolved solely through the establishment of permanent agroforestry and silvopastoral systems adapted to local conditions.

In usufruct conflicts that arise on lands of national and/or municipal domain, in application of what is regulated in special laws, priority shall be given to the inhabitants of settled communities that have been prioritized in the municipal land use planning plan.

Conflicts that arise as a result of the execution of urban development and consolidation plans and the establishment of reserves for their future expansion on privately owned lands shall be resolved by declaring the areas within the perimeters and their access as public utility, and the procedures provided for this matter by the Law of Municipalities and other related laws shall be applied.

The Municipalities shall supervise compliance with all the foregoing provisions and shall impose the sanctions that correspond, in accordance with the severity of the infractions established in the respective municipal general regulations. OF THE FINAL AND TRANSITORY PROVISIONS SIXTH TITLE FINAL PROVISIONS CHAPTER I

Petitions for relief in matters of land use planning shall be filed before the Ministry of Governance and Justice, which shall provide for hearing the opinion of the General Directorate of Land Use Planning; this shall review the documentation presented and shall require the interested party to supplement the necessary documentation. Once the opinion is issued, the resolution of acceptance shall be issued through the Ministry.

Reconsideration, review, or challenge remedies arising from the resolutive acts of entities, acting within the scope of their competencies as provided in the Law of Land Use Planning, shall be formalized and processed in accordance with Title IV Review of the Act in Administrative Proceedings, Chapter II, Review by Remedy.

With regard to violations of the Law of Land Use Planning and this General Regulation by infractions due to commission or omission by officials in their respective competencies, the sanctions provided for in administrative, criminal, or civil legislation shall be applied as appropriate.

In conformity with Article 60 of the Law, all provisions of this Regulation linked to Land Use Planning shall be applied preferentially over any other provision. TRANSITORY PROVISIONS CHAPTER II

For the purposes of Article 91 of this General Regulation, forest is understood to mean areas covered by tree vegetation greater than 5 meters in height and with a canopy coverage equal to or greater than 40% per hectare at the moment this General Regulation enters into force. Areas in growth are also in the category of forests.

Human settlements located in high-risk zones at the moment this Regulation takes effect shall be subject to studies and particular actions in order to find viable alternative solutions from the socio-economic point of view and risk reduction.

The particular general regulations cited in Article 56 of this General Regulation shall be presented within a time not exceeding 180 days from the entry into force of this Regulation.

This General Regulation shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, M.D.C., on the second day of the month of August of two thousand four. RICARDO MADURO PRESIDENT OF THE REPUBLIC JORGE RAMÓN HERNÁNDEZ ALCERRO STATE SECRETARY IN THE MINISTRY OF GOVERNANCE AND JUSTICE