Law on Territorial Planning

This law establishes that territorial ordering constitutes a State policy that, incorporated into national planning, promotes the integral, strategic and efficient management of all resources of the Nation, human, natural and technical, through the application of effective policies, strategies and plans that ensure human development in a dynamic, homogeneous, equitable manner with equal opportunities and sustainable, in a process that reaffirms the human person as the supreme end of society and at the same time as its most valuable resource.

For the purposes of this law, territorial ordering is understood as:

• 1)

  The political-administrative process of the State to know and evaluate the resources that, with the participation of society, may manage sustainable development;

• 2)

  A systematized management model centered on the strategic vision of the country, to face the challenges of this era, characterized by advances in high technology, dynamic and competitive behaviors of the economy, world geopolitical opening, the pro-active conduct of societies and the strategic valuation of resources and knowledge;

• 3)

  An administrative instrument to strategically manage the harmonious and efficient relationship of human, natural, physical-structural resources, seeking their integral and balanced use throughout the territory to boost economic expansion; and,

• 4)

  A socio-political management instrument to promote governance conditions that strengthen society's capacity to articulate its interests, fulfill its commitments and resolve its conflicts to achieve just integration and harmonious democratic coexistence.

The following definitions indicate concepts associated with the content of this law:

• 1)

  SECTORIAL MASTER PLAN: Technical planning instrument applied in a sectorial definition.

• 2)

  CONCERTATION: Agreements in which generalized consent is reached by persons or groups around a Territorial Ordering theme.

• 3)

  SUSTAINABLE DEVELOPMENT: Systematized process of the State to achieve inclusive and equitable human well-being, applying economic growth actions without generating environmental degradation.

• 4)

  DECENTRALIZATION: Political-administrative process that involves the transfer of decisions to public management entities or community participation entities in their private matters and which by logical right corresponds to them to resolve.

• 5)

  ANTHROPOCENTRIC APPROACH: Orientation that considers the realization of the human being, their performance, personal well-being and respect for their dignity, as the transcendent objective of every social act.

• 6)

  STRATEGIC APPROACH: Orientation of management in which the attainment of efficient results is considered in the context of a medium and long-term vision.

• 7)

  INTEGRATION ENTITY: Organs of management of public or private nature linked to the municipal or departmental regime.

• 8)

  SPECIAL REGIME ENTITY: Organ of management of public or community nature in which only competencies concur to comply with or apply norms in the field of its performance.

• 9)

  TERRITORIAL ENTITY: Organ of management endowed with authority in which competencies concur to create and apply norms in the field of its performance.

• 10)

  INTEGRAL AND STRATEGIC MANAGEMENT: Process that promotes the enhancement and interrelated application of all national resources, to obtain the best results converging to medium and long-term objectives.

• 11)

  PARTICIPATORY MANAGEMENT: Joint intervention of society and Government, sharing decisions, responsibilities, costs and benefits in the execution of jointly established projects.

• 12)

  GOVERNABILITY: Capacity of a social system to articulate its interests, fulfill its obligations, resolve its differences in a democratic setting and respect for authority and laws.

• 13)

  COMPETITIVE INSERTION: Participation of the country in processes of international integration and exchange in advantageous and favorable conditions for the generation of development.

• 14)

  MUNICIPAL ZONING MAP: Instrument of spatial identification that allows specifying the different legal, geophysical, political, economic, environmental, social and any other nature effects that fall on geographic spaces of municipal jurisdiction.

• 15)

  NATIONAL TERRITORIAL ZONING MAP: Instrument of national planning for spatial identification that allows specifying the different legal effects, geophysical characteristics, political, economic, environmental, social and any other nature that fall on spaces of jurisdiction of the entire Nation.

• 16)

  CITIZEN PARTICIPATION: Proactive intervention of society before Government, providing information, decisions and resources that allow the identification and execution of actions and projects of public interest.

• 17)

  NATION PLAN: Technical-political instrument that establishes the objectives of the development of the Nation, in the context of a future vision desired and shared by society.

• 18)

  HUMAN RESOURCE: Human capital as the end of society and the State. Persons and their potentiality as manageable elements to generate results.

• 19)

  NATURAL RESOURCE: Elements that nature provides, usable in activities to manage development. Natural Capital.

• 20)

  TECHNICAL RESOURCES: Physical elements built by man, usable for development management and which include among others financial capital. Structural Capital.

• 21)

  LOCAL STRATEGIC PLAN: Technical planning instrument applied in a specific territorial demarcation and in which strategic objectives and enhancement, mixing and application plans of resources are foreseen to achieve them; as well as the linkage with sectorial frameworks to obtain integral development results.

• 22)

  SECTORIAL PLANNING: Projection of management applicable to a field in which interests, problems, opportunities of similar specialty, condition or treatment are integrated, and of integral and strategic scope for the entire Nation.

• 23)

  MUNICIPAL REGULATORY PLAN: Set of technical and normative instruments that define the ordering of population settlements in the scope of socio-political, economic and environmental activities of the municipality; and,

• 24)

  SECTORIAL POLICIES AND STRATEGIES: Way of treating and managing matters to efficiently achieve the objectives provided for in the framework of sectorial and national planning.

The principles of National Planning and Territorial Ordering are the following:

• 1)

  The strengthening and preservation of the foundations of the Nation, its identities, values, historical transcendence, commitments and legacies to future generations;

• 2)

  The exercise of democracy, justice, observance of law, the declarations, rights and guarantees established in the Constitution; respect for local entities and their right to self-government and which may only be subordinated to the high interests and destiny of the Nation, general solidarity and the preservation of the unity of the Republic; and,

• 3)

  Proactive citizen participation to collectively promote, with Government bodies, national development and the conditions that determine its sustainability.

The foundations of National Planning and Territorial Ordering are:

• 1)

  The anthropocentric approach, which makes the well-being and dignity of persons prevail over any technical structural formation, establishing as a priority the qualitative improvement of the human being;

• 2)

  National solidarity and equity; to promote harmonious and territorially balanced development, in such a way that rational and equitable access to resources, opportunities and socially generated benefits is guaranteed, applying criteria of social and fiscal solidarity;

• 3)

  Participatory management, which promotes joint decision-making and execution of actions by entities of the public sector and society through shared leadership and teamwork;

• 4)

  Decentralization, which enshrines the responsibility of municipalities, to exercise acts of government in solving their problems, managing their private interests, opportunities and the management of their resources and community participation;

• 5)

  Citizen participation and strengthening of community entities, making decisional contributions, social control and contribution of resources and management efforts in matters of collective interest;

• 6)

  Development sustainability, balancing: i) Economic growth and dynamics, ii) Harmonious, inclusive and equitable social evolution; and, iii) Preservation of the environment, seeking productive transformation with the rational use and protection of natural resources, in such a way that their progressive improvement is guaranteed, without deteriorating or threatening the well-being of future generations; the application of environmental services shall be made in an equitable and real manner as a result of the valuation of its costs and benefits. In the case of water resources, as a special area of intervention, it shall be regulated in accordance with the General Water Law; and,

• 7)

  Competitive insertion, in the world concert of nations, that promotes the most advantageous framework of economic and political interrelation with other countries. It is a priority action to overcome international competitiveness factors that include education, technological mastery, respect for constitutional freedoms and rights, the performance of Government institutions, as well as openness to access markets and resources, among others, that tend to the same end.

The management of Territorial Ordering shall be carried out under a strategic approach, applying policies and strategies for: 1) Concertation and construction of a vision of the future to a minimum movable horizon of 20 years, which indicates strategic objectives of development; and, 2) The application and strategic valuation of all resources of the Nation to make a planning that entails an allocation of these resources in an articulated and harmonious manner to ensure the best results in a cyclical sense and of historical continuity.

The objectives of this Law are:

• 1)

  To establish the principles and norms that make Territorial Ordering mandatory based on the definitions, concepts, foundations and objectives prescribed in this Law;

• 2)

  To establish the administrative framework through which the State shall exercise its powers as regulator, manager, guarantor, articulator and facilitator to identify, organize, regulate, determine use and allocation of resources in territorial areas, applying policies and strategies that respect the social interest and promote the achievement of the objectives of territorial ordering;

• 3)

  To establish the governing, operational and control organic framework of Territorial Ordering, defining its composition and functions;

• 4)

  To specify the mechanisms of citizen participation, its scope and framework of action, defining public-private articulation schemes in the sphere of Territorial Ordering;

• 5)

  To establish within the functional-operative framework of the Territorial Ordering process all the political, normative, administrative and technical-operative instruments of mandatory application to plan, execute, control and harmonize the Territorial Ordering process;

• 6)

  To establish the mechanisms of concertation, coordination, harmonization and conflict resolution, among all levels of action hierarchized or not hierarchized whether they are of public or private order;

• 7)

  To establish the bases of the definition of the sectorial structure that the State shall apply in the context of national planning and Territorial Ordering, as well as the classification of policies and strategies associated with this ordering;

• 8)

  To establish the mechanisms of articulation of national management and local management; and,

• 9)

  To establish general provisions that reinforce its application and the normative and organizational linkage necessary, to ensure its compliance, including the norms to apply administrative and criminal sanctions in case of negligent, irregular or illicit actions.

The organization for Territorial Planning shall be constituted by the set of Government institutions and instances of citizen participation that, by designation, delegation, or integration, shall assume in accordance with the provisions of this Law the functions of governance, coordination, operativity, and monitoring of the Territorial Planning process in general, promoting standards, concerting policies, designing strategies, and applying instruments that make it viable and permanent. ARTICLE 9.- The National Council for Territorial Planning (CONOT) is hereby created as a deliberative, consultative, and advisory body with the responsibilities of proposing, concerting, and monitoring policies, strategies, and plans and issuing opinions, making proposals, and promoting initiatives regarding the execution of programs, projects, and actions of Territorial Planning. The National Council for Territorial Planning shall be composed of:

• 1)

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

• 2)

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

• 3)

  The Secretary of State in the Offices of Agriculture and Livestock;

• 4)

  The Secretary of State in the Office of Education;

• 5)

  The Secretary of State in the Office of Health;

• 6)

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

• 7)

  The Secretary of State in the Office of Finance;

• 8)

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

• 9)

  A representative of the Permanent Commission on 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 Patronatos of Honduras;

• 15)

  A representative of Professional Colleges of Honduras;

• 16)

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

• 17)

  A representative of Women Organizations;

• 18)

  A representative of Youth Organizations;

• 19)

  A representative of universities; and 20) A representative of each of the Legally Registered Political Parties.

The members of the National Council for Territorial Planning shall not be able to delegate their representation to any other official, except for formally justified cause, and shall meet in ordinary sessions two (2) times per year and in extraordinary sessions as many times as necessary.

The National Council for Territorial Planning shall function under the Office of the Secretary of State in the Offices of Governance and Justice, which shall act with respect to Territorial Planning as:

• 1)

  The governing body of the process, responsible for its functionality and in general for ensuring the application and validity of this Law;

• 2)

  Conductor of legislative and technical proposals and initiatives;

• 3)

  Liaison with the Presidency of the Republic and the Council of Ministers, with any other instance of the Powers of the State and the municipal sector; and 4) Other specific functions that are set forth in this Law.

When it deems it appropriate, the National Council for Territorial Planning shall request technical opinions and support from professional experts in the subject of Territorial Planning, from any source, through the Secretary of State in the Offices of Governance and Justice. ARTICLE 13.- The attributes of the National Council for Territorial Planning are:

• 1)

  Identify and propose for implementation the concerted policies and strategic bases or guidelines of Territorial Planning that are consistent with a national vision;

• 2)

  Establish at the national level the mechanisms for the identification, promotion, concertation, and approval of initiatives, policies, lines of action, and expectations of society, which shall be considered for inclusion in the plans and instruments of Territorial Planning;

• 3)

  Concert, structure, and propose sectoral policies of the State, promoting actions and schemes that drive and strategically balance the development of human capital, natural capital, and structural capital of the Nation;

• 4)

  Propose guidelines for the instruments of Territorial Planning;

• 5)

  Suggest to public and private institutions the immediate implementation of actions in the fiscal, political, and technical planning of the Central Government and Local Governments, as well as their consideration in the actions of the community and business sectors of society;

• 6)

  Promote and strengthen throughout the country the organization and constitution of technical and operational units, as well as instances of citizen participation that through their actions strengthen territorial planning processes;

• 7)

  Approve the departmental, regional, and network organization of support to the National Council for Territorial Planning provided for in this Law and ensure that they comply with their attributes;

• 8)

  Propose to the competent authority the declaration of areas under special management of natural resources and historical heritage at the municipal level, as well as issue opinions regarding the configuration of new territorial entities and the suppression or annexation of the same within the framework of the Law;

• 9)

  Monitor and evaluate the progress of the Territorial Planning process, raising and channeling actions of approval and correction that are appropriate to the protagonist entities;

• 10)

  Act as a facilitator, manager, or guarantor of commitments among different actors in Territorial Planning;

• 11)

  Act as an agent of concertation, arbitration, prevention, and resolution of conflicts at the instance that corresponds to it;

• 12)

  Establish its calendar of sessions and organize itself internally, forming its secretariat, commissions, and working groups for the fulfillment of its attributes and recording of its actions; and 13) Other specific attributes that this Law assigns to it. ARTICLE 14.- The National Council for Territorial Planning shall have an Executive Committee for Territorial Planning (CEOT) as an operative body responsible for facilitating and monitoring the actions of the National Council for Territorial Planning, which shall be composed of:

  • 1)

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

  • 2)

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

  • 3)

    The Secretary of State in the Office of Education;

  • 4)

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

  • 5)

    The Secretary of State in the Offices of Agriculture and Livestock;

  • 6)

    The Commissioner of the Permanent Commission on Contingencies (COPECO); and 7) The Executive Director of the Association of Municipalities of Honduras (AMHON).

The specific attributions of the Executive Committee on Territorial Planning are:

• 1)

  To provide logistical facilitation for the exercise of the attributions of the National Council on Territorial Planning;

• 2)

  To articulate the Territorial Planning process in order to harmonize and integrate sectoral planning policies, strategies and actions with local planning policies, strategies and actions;

• 3)

  To articulate public actions with the actions of groups of society;

• 4)

  To evaluate the progress of sectoral and local planning;

• 5)

  To present to the National Council on Territorial Planning the monitoring and evaluation reports;

• 6)

  To approve the policies for promotion, dissemination and induction of the Territorial Planning process;

• 7)

  To conduct technical investigations that help strengthen the Territorial Planning process; and,

• 8)

  Others established by this Law and those related thereto that in general facilitate the Territorial Planning process. The Executive Committee shall meet at least once each month.

Departmental Councils on Territorial Planning shall be organized in each Department, which shall be formed with the participation of delegates from the institutions that make up the National Council on Territorial Planning and that operate at the departmental level. They shall be coordinated by the Departmental Governor and shall be subordinate to the National Council on Territorial Planning, without prejudice to the actions that institutionally their represented entities may channel. The Governor of each Department shall convene in the month of February of each year the mayors of his jurisdiction and two (2) representatives of the municipal associations that incorporate municipalities of the department under his responsibility and that have organized their Territorial Planning Councils, in order 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 municipal association strategic plans, in the regional plans and in the territorial planning plans of areas that by their magnitude and/or complexity exceed the capacities of the communities and the municipalities. The Departmental Governors must deliver their management plan to the National Council on Territorial Planning in the month of July, prior to the date of presentation of the National Budget of the Republic to the National Congress.

The attributions of the Departmental Councils on Territorial Planning are:

• 1)

  To serve as agents of coordination and conduct of departmental and local initiatives proposing territorial planning policies and strategies within the scope of their respective department;

• 2)

  To establish evaluation and monitoring mechanisms for plans related to territorial planning approved by the National Council on Territorial Planning;

• 3)

  To establish and follow up on the strategic planning of the municipalities of their department, establishing coordination mechanisms with the other entities involved in the Territorial Planning process; and,

• 4)

  To comply with other attributions that may be assigned to them by the National Council on Territorial Planning.

Municipal associations shall organize their own Territorial Planning Councils which shall be composed of delegates from public and community organizations of each participating Municipality, these councils as well as the Municipal Development Councils of the municipal associations shall be supported in their activities by the representatives of the national authorities that have presence in the Department. Support networks may also be formed and assigned to each Departmental Council to facilitate its operation.

The linkage of the Departmental Councils and the Territorial Planning Councils of the municipal associations with the National Council of Territorial Planning shall be conducted through the Departmental Governor. In each Departmental Governorate, a Technical Unit of Territorial Planning shall operate that will provide technical support to the Departmental Council, the Councils of Municipal Associations, and the Municipalities.

For the technical operative lines of the Territorial Planning process, the General Directorate of Territorial Planning is hereby created, dependent upon the State Secretariat in the Office of Internal Governance and Justice. Its functions shall be the execution, technical coordination, synchronization of actions in the preparation and contents of the technical instruments of territorial planning, and the relationship with other entities and technical units of the public sector and the private sector, in accordance with the powers described in the following article.

By disposition of this Law, the State Secretariat in the Office of Internal Governance and Justice, either directly or through the General Directorate of Territorial Planning, shall have the following powers regarding the integration of information and coordination of initiatives and technical support:

• 1)

  To establish the organization and management of the National System of Territorial Information, which permits the handling of information concerning all aspects related to Territorial Planning;

• 2)

  The integration and coordination of initiatives coming from the technical centers cited in Article 51 of this Law; to operate the System of Territorial Information in accordance with the protocols that shall be established by the Regulation of this Law. It shall also be responsible for the maintenance of the infrastructure of the National System of Territorial Information;

• 3)

  To manage the system of managerial, promotional, and citizen information of Territorial Planning;

• 4)

  To provide broad technical support to the Executive Committee of Territorial Planning for the analysis of information and the preparation of progress reports and evaluation of actions and results, to provide feedback to the different public-private bodies of Territorial Planning;

• 5)

  To prepare technical proposals for Territorial Planning in accordance with the instruments and scales established, and to submit them for consideration to the Executive Committee of Territorial Planning for its approval and implementation;

• 6)

  To coordinate the meetings of the working commissions and to act as secretary thereof. To notify the summons and to manage the calendar of sessions agreed upon by the Executive Committee;

• 7)

  To act as a technical liaison center with the Council of Ministers in support of the State Secretariat in the Office of Internal Governance and Justice;

• 8)

  To provide technical support to the conciliation processes carried out by the National Council of Territorial Planning;

• 9)

  To coordinate with other offices of the State Secretariat in the Office of Internal Governance and Justice the actions of assistance to municipalities provided in the Law;

• 10)

  To establish cooperation agreements or technical service provision with other entities for the handling of Territorial Planning information; and 11) Other related powers that shall be determined by the State Secretariat in the Office of Internal Governance and Justice.

The process of territorial planning shall develop in the following scope:

• 1)

  TERRITORIAL ENTITIES, constituted as authority, whose framework of competencies and jurisdiction is established by the Constitution of the Republic and special laws, and in which administrative and normative competencies jointly rest, at the levels:

  • a)

    National;

  • b)

    Departmental, only as an administrative entity; and, c) Municipal.

• 2)

  ENTITIES OR AREAS UNDER SPECIAL REGIME, which correspond to those entities or geographic spaces subject to the national administration regime governed by specific legislation or special management such as: Protected Areas, System of Regions, System of Hydrographic Basins, Tourist Zones, Border Zones, Territorial Sea Spaces and Continental Platform, and others of similar condition that are established in accordance with the Law.

• 3)

  INTEGRATION ENTITIES, which correspond to entities linked to the municipal and departmental regime such as: Regional Management Units, Metropolitan Zones, Municipal Associations, Basin Councils, Sub-Basin and Micro-Basin Councils, Ethnic Entities, Patronatos, and other entities of similar nature that are established in accordance with the Law.

The competencies of public entities for Territorial Planning are: 1) NORMATIVE: When they refer to the faculty to establish laws and norms of general scope and which correspond: a) To the Central Government through the Legislative Branch and the Executive Branch in areas of its competency; and, b) To the Municipalities within the scope of their exclusive matters through Municipal Corporations. Any affect on rights contemplated within the framework of this Law shall arise as a legal mandate emanating from the entities cited in this provision as the competent authority. 2) ADMINISTRATIVE: When they refer to faculties established in the laws for the fulfillment of the institutional objectives of public entities.

The administrative competencies of the National Government are those established by the Constitution of the Republic and the General Law of Public Administration for the Central Government, with the purpose that they may manage integrally the interests and objectives of the Nation, as well as the enforcement of the constitutional declarations, rights, and guarantees entrusted to this level of Government. These are those non-delegable competencies or those that cannot be fragmented, such as:

• 1)

  The legal-administrative ordering of the State;

• 2)

  The defense of sovereignty and territorial integrity;

• 3)

  Foreign relations policies;

• 4)

  Sectoral policies and actions;

• 5)

  The organic and operative framework necessary for the application of justice;

• 6)

  The integral planning of economic and social development; and,

• 7)

  Others established constitutionally and by special laws for this level of government.

The administrative competencies of the departments and municipalities are those established in the Constitution of the Republic and in the Law of Municipalities regarding the role of Departmental Governorates and Municipalities in the exercise of their exclusive functions, provided that they do not contravene the Law and the unitary interest of the Nation.

The competencies of Departmental Governorates are focused on:

• 1)

  The coordination of actions by Departmental Governors with national authorities that have departmental delegation and municipalities;

• 2)

  To know and resolve appeals of individuals against municipalities; and,

• 3)

  To execute others established by the Law.

The competencies of Municipal Governments in accordance with the Law are oriented toward:

• 1)

  The broad management of territorial planning within the municipal scope, with the purpose of promoting the most appropriate conditions for development and community life;

• 2)

  The broad management of control and regulation of population settlements within their jurisdictions, for which they shall act in:

  • a)

    The preparation and execution of plans for the layout and urban development of the municipality, and consequently the control and regulation of land use for economic, social, recreational, and other activities necessary in human settlements, as well as the regulation of commercial, industrial, and service activities;

  • b)

    The definition of the perimeter of cities and other forms of human settlements, as established by Law;

  • c)

    The construction of municipal public services infrastructure;

  • d)

    The development and promotion of programs that provide housing solutions;

  • e)

    The management and control of risk areas;

  • f)

    Environmental protection;

  • g)

    The promotion of culture and local values; and, h) The protection of historical and cultural heritage.

• 3)

  The responsibility to harmonize the Municipal Planning Plan with sectoral planning and plans for areas under special national regime and with the Nation Plan, in aspects such as:

  • a)

    The promotion of activities related to sectoral programs and projects;

  • b)

    The development of activities to stimulate local production;

  • c)

    The management of natural resources; and, d) Other coordination actions with sectoral policies and programs of the Nation.

• 4)

  Others related to the framework of municipal autonomy contemplated in the Law of Municipalities.

The Municipalities within their normative faculties shall issue regulations regarding the processes for ordering population settlements, such as:

• 1)

  Zoning norms and land use regulation norms;

• 2)

  Construction norms;

• 3)

  Norms of lotifications and urbanizations;

• 4)

  Other norms and ordinances necessary for local-sectoral or own articulation, in relation to municipal competencies and to facilitate the actions of Territorial Planning entities that are indicated in the present Law. It shall be the responsibility of municipal governments to ensure strict compliance by private parties and public entities with the limitations on rights regarding real property as a result of territorial planning regulations issued by the municipalities themselves and the central government.

The present Law promotes the participatory and solidarity-based management of Government entities, the breaking of decision-making monopolies, the integration of specialized support and line functions to avoid functional duality. In this scope, the following are established as criteria for the exercise and interpretation of government competencies:

• 1)

  Exclusivity, when it concerns competencies by exception that are non-delegable and that the Law assigns to a single Government entity;

• 2)

  Concurrence or complementarity, which implies that for the same sectoral objective, competencies may be established that are shared by several entities in time, space, resources, or management, either simultaneously or sequentially. This condition applies to incorporate the best potential of each actor and entails joint planning;

• 3)

  Subsidiarity, which means that when an entity is unable to carry out its competencies due to lack of financial, technical, or administrative resources, these may be assumed by another entity, provided that it demonstrates its capacity and interest in executing them;

• 4)

  Rationality and harmony, in the sense that there should be no duplication of functions, competencies, or resource allocation with respect to the same activity, and that public entities exercise their competencies coherently and free of conflicts; and,

• 5)

  Universality, because all actions of Territorial Planning are oriented toward the objective of promoting national development.

When tasks or responsibilities arise that give rise to new competencies that do not appear to be specifically assigned to a particular entity, they shall be assigned to that organism which by affinity best integrates them into its established competencies.

With respect to Territorial Planning, action shall be taken proactively to prevent and, in any case, promptly resolve conflicts of competency, action, or disputes over rights. Once a conflict is identified and known, the parties must initiate solution actions provided in the Law within a period not exceeding three (3) months. It shall be the responsibility of the State Secretariat in the Office of Internal Governance and Justice to ensure compliance with this provision.

Conflicts of competency, action, or disputes over rights among the different entities acting in Territorial Planning shall be resolved by applying the relevant mechanisms contemplated in the procedural legislative framework that corresponds:

• 1)

  Conciliation and Arbitration;

• 2)

  Administrative proceeding;

• 3)

  Judicial proceeding; and,

• 4)

  Legislative interpretation or redefinition of the legislative framework.

Decentralization promotes decision-making by autonomous territorial entities when it concerns the conduct of their exclusive interests, the management of their resources and the solution of their problems, when the following circumstances concur:

• 1)

  The inalienable right and the interest to manage their own affairs;

• 2)

  Immediacy, which permits the identification of problems and the proposal of solutions in a more rapid manner; and,

• 3)

  The convenience and rationality in the application and allocation of resources.

Citizen participation is promoted as one of the fundamental axes of Territorial Ordering, in the following context:

• 1)

  As an expression of the exercise of freedoms and democratic rights;

• 2)

  To strengthen the process of political control and moderation of governmental action in the management of matters of public interest, in which case the inhabitants of the municipalities may organize themselves to conduct social audits that guarantee compliance with this precept;

• 3)

  As a concertation mechanism, providing balanced decisions to integrate and share the country's vision and consequently to establish the responsibilities, commitments and support of society in the execution of all actions contemplated in this Law;

• 4)

  As a mechanism to drive the process of public-private linkage in order to help strategically stimulate equitable and sustainable economic development;

• 5)

  As a mechanism to harmonize, link, complement and enhance public investment and private investment, in harmony with the planning defined in the instruments of Territorial Ordering; and,

• 6)

  Respect for authority and laws. In its actions, citizen participation shall seek consensus, agreement, equitable commitment, the right to be informed, and the prompt resolution of problems and conflicts in accordance with the petition procedures established by Law.

The following are established as mechanisms and instances of citizen participation in the context of the preceding Article:

• 1)

  The National Council of Territorial Ordering, the Departmental Councils of Territorial Ordering, Support Networks, community organizations and other instances that for such purposes are provided for in this Law and in other laws;

• 2)

  Open town halls, plebiscites, consultation assemblies, hearings and other participation mechanisms provided for in the Municipal Law.

• 3)

  Sectoral forums and hearings held at the initiative of groups of public and private interest or by convocation of representative government institutions; and,

• 4)

  Other instances and mechanisms of citizen participation and expression, designated as such by Law.

The following are considered as mechanisms of citizen expression and information to citizens:

• 1)

  Expressions of public opinion channeled through social media, as well as surveys and opinion forums when in both cases they comply with ethical and legal foundations and objective scientific criteria;

• 2)

  Demonstrations, marches and other expressions of collective and particular will, provided that their realization is in a peaceful manner, and does not infringe the constitutional rights of other citizens and does not cause damage to public and private property;

• 3)

  The rendering of accounts by the Public Administration, in accordance with the respective laws; and,

• 4)

  Information systems for citizens established within the framework of the instruments of this Law and other organizational schemes of the public sector.

All actions of citizen petition shall be channeled according to the administrative and judicial procedures provided for in the respective procedural legal system. The celebration of agreements and commitments is promoted within the framework of the competencies and possibilities of the parties in the context of the Law.

When irreconcilable conflicts arise in citizen action, recourse may be had to the Departmental Councils of Territorial Ordering or to the National Council of Territorial Ordering, as conciliatory and arbitration entities. FOURTH TITLE OF PLANS, POLICIES, STRATEGIES AND INSTRUMENTS OF TERRITORIAL ORDERING CHAPTER I SECTORIAL AND LOCAL PLANS, POLICIES AND STRATEGIES

Policies and strategies are established as essential administrative mechanisms for the management of Territorial Ordering matters and the achievement of its objectives. Planning instruments shall consistently reflect the approach of policies and strategies adopted in two aspects: 1) Sectorial, which corresponds to integral actions of national and strategic order that by their nature cannot be fragmented or delegated to other levels. The Central Government is responsible for its management through the Secretaries of State. Multisectorial policies, strategies and plans may exceptionally be established; and, 2) Local, which correspond to actions in the management of local governments. The directives that specify the guidelines, fundamental policies and strategies of Territorial Ordering shall be contained in the following primary instruments:

• 1)

  THE PLAN OF THE NATION (PDN): A technical political instrument that shall contain the shared and concerted vision of the country we wish to be, expressing sectorial objectives, social and governmental commitments within a horizon of no less than twenty (20) years;

• 2)

  SECTORIAL MASTER PLANS (PMS): Governing instruments of sectorial planning, subordinate to the contents and objectives of the Plan of the Nation, as well as to its horizon and periods of adjustment. They shall establish the guidelines, policies and strategies that shall be applied in the design of plans for each sectorial framework or definition. The Sectorial Master Plans shall be proposed by the respective Secretaries of State, in accordance with the sectorial structure approved by the Executive Branch and shall be incorporated into the National Development Plan;

• 3)

  MUNICIPAL STRATEGIC PLANS (PEM): Instruments of local planning within the framework of their competencies that shall contain, just as the Sectorial Master Plans, the objectives, scope, policies, strategies and action plan, which must in turn be in accordance with the objectives and vision of the Plan of the Nation and the sectorial planning guidelines. They shall be prepared by local governments in processes of citizen participation; and,

• 4)

  SPECIAL STRATEGIC PLANS (PEE): Instruments of multisectorial planning that for reasons of elevated priority or special justification need to be carried out in an integrated manner or in those areas under special regime with a medium and long-term vision.

The policies and strategies of Territorial Ordering shall observe the principles of consistency, rationality and strategic linkage, which shall be developed in the Regulations of this Law.

The following reference framework is established for territorial definition: Macro Sector of Human Capital or Heritage, Macro Sector of Natural Capital or Heritage, Macro Sector of Structural and Financial Capital or Heritage, and Macro Sector of Government.

The planning action of local governments focuses on the following areas:

• 1)

  The generation of instruments and regulations to give effect to the ordering of human settlements and urban expansion;

• 2)

  The management and regulation of local public services;

• 3)

  The complementary activities resulting from sectoral articulation with local planning; and,

• 4)

  Others indicated by Law.

Local authorities shall use in the design of their particular dispositions or regulations the parametric references of systems of measurements, regulations and technical standards, urbanistic codes, architecture standards applicable to the historical context of the country, generated by the National Institute of Metrology and technical entities with related functions, when these references are elevated to the status of Law by the National Congress.

The technical instruments of Territorial Ordering are the systems and administrative, legislative instruments and ordinances by means of which the processes of planning, management and evaluation of Territorial Ordering are made viable, as described below: 1) Technical instruments of planning; 2) Systems of territorial information, consisting of geo-spatial data banks, statistical and census systems, as well as other systems of spatial information; 3) Systems of promotion, evaluation and monitoring of the Territorial Ordering process; and, 4) Legal normative instruments. ARTICLE 46.— The technical instruments of Territorial Ordering planning are those which are subordinate to the instruments containing the directives of Territorial Ordering indicated in Article 40 of this Law, the following:

• 1)

  NATIONAL TERRITORIAL ORDERING PLAN: A technical-political instrument that contains general norms regulating land use, the administration of natural resources and the integral occupation of territory. Due to its long-term character, it guides the activities of the economic, environmental and social sectors in the national, regional, municipal scopes and in areas under special regime, serving as a reference framework for the different sectoral plans and strategies, and is constituted by plans of use and occupation of territory at the corresponding levels;

• 2)

  REGIONAL TERRITORIAL ORDERING PLAN: A technical instrument that guides the activities of the economic, environmental and social sectors in the regional scope and serves as a reference for the different sectoral plans and strategies, and is constituted by plans of use and occupation of territory at the regional level. The system of regions shall be established by the Central Government;

• 3)

  MUNICIPAL TERRITORIAL ORDERING PLAN: A technical instrument that guides the activities of the economic, environmental and social sectors in the municipal scope and serves as a reference for the different sectoral plans and strategies and is constituted by plans of territorial use and occupation at the municipal level;

• 4)

  TERRITORIAL ORDERING PLAN FOR AREAS UNDER SPECIAL REGIME: A technical instrument of territorial regulation of these spaces; and,

• 5)

  OTHER ORDERING PLANS: Required for the management of Territorial Ordering in circumstances that justify, in the judgment of the Executive Committee of Territorial Ordering, these particularized orderings.

The technical registration instruments of Territorial Ordering, associated with technical plans, are:

• 1)

  National Map of Territorial Zoning (MNZT), which shall contain spatial information on the occupation, impacts, uses and potentialities of soil and resources, statistical information linked to sectoral and local planning, and all available statistical data. It shall be prepared applying geographic information technologies;

• 2)

  The National Cadastral Systems;

• 3)

  The Property Registry;

• 4)

  Municipal Cadastral Systems;

• 5)

  Municipal regulatory plans and their maps;

• 6)

  Municipal maps of zoning of soil use and occupation;

• 7)

  The National Registry of Territorial Ordering Regulations; and,

• 8)

  Other instruments that record uses, occupations, rights, impacts, easements that fall upon the soil, its appurtenances or any other factor that can be expressed in the territorial plan.

The System of Territorial Information is constituted by the set of computerized systems, census, statistical, cadastral, property and territorial reference databases handled by the different governmental institutions and which shall be brought together in an integrated information system, in accordance with the regulations set forth in this Law.

The instruments of induction, monitoring and evaluation are the administrative and information systems necessary for:

• 1)

  Inducing, positioning, promoting and disseminating the advances and results of Territorial Ordering;

• 2)

  Managing, coordinating actions, evaluating results and generating corrective actions in the public administrative processes of Territorial Ordering;

• 3)

  Carrying out sectoral and local articulation; and,

• 4)

  Promoting public-private linkage that leads to the coordination of actions between Government and society. The Executive Committee and the State Secretariat in the Departments of Governance and Justice shall be responsible for carrying out these responsibilities.

Legal normative instruments are:

• 1)

  Framework-sectoral laws that are derived in accordance with Territorial Ordering;

• 2)

  The set of laws and ordinances linked to the different processes of Territorial Ordering that create rights and impacts, occupation conditions, use conditions, easements on soil and its appurtenances, issued by the National Congress or Municipal Corporations;

• 3)

  Those that promote the functioning and participatory and specialized management in the administrative structure of the State; and,

• 4)

  Those that promote the participation of society in the processes contemplated in this Law.

The technical and institutional framework of Territorial Ordering is constituted by the set of State institutions whose activity generates information products and management results associated with the Territorial Ordering process, such as:

• 1)

  Municipalities;

• 2)

  Permanent Commission for Contingencies (COPECO);

• 3)

  National Institute of Statistics (INE);

• 4)

  National Registry of Persons (RNP);

• 5)

  National Geographic Institute (IGN);

• 6)

  National Agrarian Institute (INA);

• 7)

  Executive Cadastral Office (DEC);

• 8)

  Forest Administration of the State (AFE/COHDEFOR);

• 9)

  National Library and Archive;

• 10)

  Center for Research and Legislative Studies (CIEL);

• 11)

  Center for Economic Studies of the Central Bank of Honduras;

• 12)

  Center for Research and Studies for Development;

• 13)

  National Institute of Metrology;

• 14)

  Center for Construction and Architecture Standards and Codes;

• 15)

  Centers for Scientific Research;

• 16)

  Honduran Council of Science and Technology (COHCIT);

• 17)

  Universities;

• 18)

  Information and Sectoral and Specialized Database Centers; and,

• 19)

  Other centers and institutions with similar functions.

By mandate of this Law and to establish a consolidated public information and registration system, the institutions described in the previous article are obligated to remit, through the Secretariat of State in the Offices of Internal Governance and Justice, in accordance with the regulation provided in Article 53 of this Law, all territorial information of a public nature that they manage, such as statistical, census, registration, and any other type of territorial and sectoral reference information; also to notify laws, regulations, ordinances, legal documents, and plans that determine any incident of Territorial Ordering that they manage and to provide any technical support that facilitates the determination and spatial location of Territorial Ordering incidents. They may also through the same means channel their initiatives.

For better functioning in the context of this Law, these institutions shall designate delegates, who shall be integrated into working commissions in accordance with the structure agreed upon by the Executive Committee of Territorial Ordering, and shall convene at least twice (2) per year.

The remedies of petition in matters of Territorial Ordering shall be channeled through the means indicated by the respective procedural laws, and under a similar procedure, the remedies of reconsideration, review, or challenge arising from the resolutive acts of entities acting within the scope of their competencies as provided in this Law shall be processed.

In addition to what is indicated in the previous article, any citizen may demand compliance with this Law, when its non-compliance affects personal or collective interests, by resorting to complaint or legal action before the State oversight entities, sectoral superintendencies, or before the public prosecutors' offices or judicial bodies.

Officials who adopt or issue acts, measures, and resolutions in contravention of this Law, or who fail to act promptly in accordance with their functions, incur administrative, penal, or civil liability, as established by the judicial codes applicable to these irregular acts.

The Secretariat of State in the Offices of Internal Governance and Justice shall proceed to establish the National Council of Territorial Ordering within a period not exceeding ninety (90) days counted from the date of entry into force of this Law, for the purposes of organizing itself internally; in the same manner and in the same period it shall proceed to organize the functioning of the Executive Committee of Territorial Ordering and the General Office of Territorial Ordering in the context provided in this Law, and the respective budgetary allocations shall be established within this Secretariat of State.

The installation of the National Council of Territorial Ordering shall be carried out by the President of the Republic at the moment of its first constitution and at the beginning of the Government period.

The technical institutions provided for in this Law and not established at the moment of its entry into force shall be organized within a period not exceeding six (6) months, for which the President of the Republic through the Secretariat of State in the Offices of Internal Governance and Justice shall propose the legislative initiatives.

This Law constitutes the preferred regulatory framework in matters of Territorial Ordering and its regulation shall be issued within a period not exceeding six (6) months counted from the date of its entry into force.

This Law shall enter into force twenty (20) days after its publication in the Official Gazette "La Gaceta".