Esta ley enmienda varias leyes anteriores (Ley Núm. 277 de 1999, Ley Núm. 142 de 2000 y Ley Núm. 184 de 2002) relacionadas con las Reservas Agrícolas de los Valles de Lajas, Coloso y Guanajibo. Su propósito principal es reconocer los usos existentes, consultas de ubicación, desarrollos, permisos de construcción y uso aprobados por la Junta de Planificación, la Administración de Reglamentos y Permisos (ARPE) o los municipios antes de la vigencia de estas leyes. También establece un término para legalizar usos existentes no autorizados dentro de estas reservas agrícolas.
(S. B. 2081) (Conference) (No. 174) (Approved August 1, 2003)
To amend Sections 3 and 6 of Act No. 277 of August 20, 1999; Section 3 of Act No. 142 of August 4, 2000; and Sections 3 and 6 of Act No. 184 of August 17, 2002, for the purpose of acknowledging validly established existing uses, location consultations, development, construction and use permits approved by the Planning Board (J.P., Spanish acronym) the Regulations and Permits Administration (ARPE, Spanish acronym) or Municipalities, within their corresponding jurisdictions prior to the effectiveness of thus Act; and to establish a term in which existing unauthorized uses may be legalized.
The Government of the Commonwealth of Puerto Rico has acknowledged the importance of agriculture as a necessary activity for the production of food, the creation of work, and the conservation of the environment. The Puerto Rican Project for the $21^{ ext {st }}$ century acknowledges that agricultural work is complex and difficult and within the New Economy it proposes for the Country; it creates true diversification, where attention to the different productive sectors is the essential element in the agenda of the new Government.
However, within the public policy established for agriculture in Puerto Rico, set forth in the legislation that decrees the land in different valleys in our country as agricultural reserves, the interests of legitimate owners have been affected. This situation also affects the interest of the government,
since it would be bound to disburse public funds to defray compensations for land and/or projects to which their agricultural value cannot be returned, since they have already been impacted. This impact has been made through locations consultations, developments or permits duly granted before the laws became effective.
The Legislature of Puerto Rico adopts this measure with the purpose of striking a balance between the new approach of rescuing our agriculture and the responsibility of the Commonwealth of Puerto Rico.
Section 1.- Sections 3 and 6 of Act No. 277 of August 20, 1999, are hereby amended to read as follows: "Section 3.- Prohibitions for the Planning Board, the Regulations and Permits Administration, and the municipal governments whose territorial limits are located within the area of the Lajas Valley Agricultural Reserve.
The Planning Board, the Regulations and Permits Administration, and the municipal governments whose territorial boundaries are located within the area comprised by the Lajas Valley Agricultural Reserve, each one within its respective jurisdiction, are hereby prohibited from approving location consultation, authorizing developments, and granting construction or use permits in contravention with the Public Policy set forth in Section 1 of this Act. However, those construction or use permits stemming from location or development consultations duly approved before this Act came into effect and according to the provisions set forth in Section 6 may be approved, provided such permits have not been revoked for any reason.
Furthermore, said agencies and government bodies may not authorize segregations for the creation of properties of less than fifty (50) cuerdas in
the area designated in the Special Zoning Resolution, as indicated in Section 2 of this Act. " Section 6.- Temporary Clause for the Location and Continuation of Non-Agricultural Activity Use a. The continuity of use or building which is not in compliance with the purposes of this Act shall be allowed as long as said use or building has been legally established before the approval of this Act and if the permits is in effect to continue with the use or the building, a legal non-compliance permit must be requested within one (1) year after the approval of this Act from ARPE or the Autonomous Municipality, each within its respective jurisdiction. However, the uses established without the corresponding permits which, after the approval of this Act, are in effect, shall have a term of six (6) months to legalize the use for which the consent of the Department of Agriculture shall be required.
Those uses that are incompatible with the purposes of this Act, the protection of which is established herein, and the continuation of which is not authorized, pursuant to the procedures determined previously, must be eliminated within a term of two (2) years, starting with the certification of denial to continue operating issued by the Department of Agriculture. b. Location Consultations, Approved Developments, and Construction or Use Permits.
Those consultations for the location of nonagricultural use in land located within the Agricultural Reserve, as the limited by the Planning Board, pending resolution before the Planning Board at the
approval date of this Act which are incompatible with the purposes of the same, shall be denied. c. Those location consultations for nonagricultural use that have been approved by the Planning Board and which are in effect at the date of approval of this Act shall remain in effect for the term established by the applicable regulation. Said term can be extended, provided it is the originally approved project.
Cases pending adjudication before the ARPE for nonagricultural use that do not require location consultations approved by the Planning Board that are incompatible with the purposes of this Act shall be denied. However, those cases for nonagricultural use that have been approved by ARPE and that are in effect by the date this Act took effect shall remain in effect for the term established in the applicable regulation."
Section 2.- Section 3 of Act No. 142 of August 4, 2000 is hereby amended to read as follows: "Section 3.- Prohibitions for the Planning Board, the Regulations and Permits Administration, and the municipal governments whose territorial limits are located within the area of the Coloso Valley Agricultural Reserve.
The Planning Board, the Regulations and Permits Administration and the municipal governments whose territorial boundaries are located within the area comprised by the Coloso Valley Agricultural Reserve, each within its respective jurisdiction, are hereby prohibited from approving location consultation, authorizing developments, and granting construction or use permits in contravention with the Public Policy set forth in Section 1 of this Act.
However, those construction or use permits stemming from location or development consultations duly approved before this Act took effect and according to the provisions set forth in Section 6 may be approved provided such permits have not been revoked for any reason. a. Continuity of use or building not in compliance with the purposes of this Act shall be allowed, provided same has been legally established before the approval of this Act and if the permit is in effect. To continue the use of a building, a legal noncompliance permit must be requested within one (1) year after the approval of this Act from ARPE or the Autonomous Municipality, each within its respective jurisdiction. However, the uses established without the corresponding permits which, after the approval of this Act, are in effect, shall have six (6) months to legalize the use for which the consent of the Department of Agriculture shall be required.
Those uses incompatible with the purposes of this Act, the protection of which is established in the same, and the continuation of which is not authorized, pursuant to the procedures determined previously, must be eliminated within two (2) years, starting with the certification of denial to continue operating issued by the Department of Agriculture. b. Location Consultations Approved Developments, and Construction or Use Permits.
Those consultations for location of nonagricultural use in land within the Agricultural Reserve as delimited by the Planning Board pending resolution before the Planning Board by the date of approval of this Act, which are incompatible with the purposes of the same, shall be denied. c. Those location consultations for nonagricultural use that have been approved by the Planning Board and which are in effect by the date
of effectiveness of this Act shall remain in effect for the term set forth by the applicable regulation. Said term can be extended, provided it is the originally approved project. Cases pending adjudication before ARPE for nonagricultural use that do not require location consultations, approved by the Planning Board that are incompatible with the purposes of this Act, shall be denied. However, those cases for nonagricultural use that have been approved by ARPE and that are in effect by the date of effectiveness of this Act shall remain in effect for the term established in the applicable regulation.
Furthermore, said agencies and government bodies may not authorize segregations for the creation of properties of less than ten (10) cuerdas in the area designated in the Special Zoning Resolution as indicated in Section 2 of this Act.
Section 3.- Sections 3 and 6 of Act No. 184 of August 17, 2002 are hereby amended to read as follows: "Section 3.- Prohibitions for the Planning Board, the Regulations and Permits Administration, and the municipal governments whose territorial limits are located within the area of the Guanajibo Valley Agricultural Reserve.
The Planning Board, the Regulations and Permits Administration and the municipal governments whose territorial boundaries are located within the area consisting of the Guanajibo Valley Agricultural Reserve, each one within its respective jurisdiction, are hereby prohibited from approving location consultations, authorizing developments, and granting construction or use permits in contravention with the Public Policy set forth in Section 1 of this Act. However, those construction or use permits stemming from location or development consultations duly approved before this Act came
into effect and according to the provisions set forth in Section 6 may be approved provided such permits have not been revoked for any reason.
Furthermore, said agencies and government bodies may not authorize segregations for the creation of properties of less than fifty (50) cuerdas in the area designated in the Special Zoning Resolution as indicated in Section 2 of this Act. " Section 6.- Temporary Clause for the Location and Continuation of non-agricultural Activity Use. a. The continuity of use or building which is not in compliance with the purposes of this Act shall be allowed as long as said use or building has been legally established before the approval of this Act, and if the permit is in effect. To continue with the use of the building, a legal non-compliance permit must be requested within one (1) year after the approval of this Act from the ARPE or the Autonomous Municipality, each within its respective jurisdiction. However, the uses established without the corresponding permits which, after the approval of this Act, are in effect, shall have a term of six (6) months to legalize the use for which the consent of the Department of Agriculture shall be required.
Those uses that are incompatible with the purposes of this Act, the protection of which is established herein and the continuation of which is not authorized, pursuant to the procedures determined previously, must be eliminated within a term of two (2) years, starting with the certification of denial to continue operating issued by the Department of Agriculture.
b. Location Consultations, Approved Developments, and Construction or Use Permits.
Those consultations for the location of nonagricultural use in land located within the Agricultural Reserve as delimited by the Planning Board pending resolution before the Planning Board at the approval date of this Act which are incompatible with the purposes of the same, shall be denied. c. Those location consultations for nonagricultural use that have been approved by the Planning Board and which are in effect at by the date of approval of this Act, shall remain in effect for the term established by the applicable regulation. Said term can be extended, provided it is the originally approved project.
Cases pending adjudication before ARPE for nonagricultural use that do not require location consultations approved by the Planning Board that are incompatible with the purposes of this Act shall be denied. However, those cases for nonagricultural use that have been approved by ARPE and that are in effect by the date this Act took effect shall remain in effect for the term established in the applicable regulation."
Section 4.- This Act shall take effect immediately after its approval and it shall be applied retroactively to the effective date of each of the Acts amended by herein.
I hereby certify to the Secretary of State that the following Act No. 174 (S.B. 2081) (Conference) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT amend Sections 3 and 6 of Act No. 277 of August 20, 1999; Section 3 of Act No. 142 of August 4, 2000; and Sections 3 and 6 of Act No. 184 of August 17, 2002, for the purpose of acknowledging validly established existing uses, location consultations, development, construction and use permits approved by the Planning Board (J.P., Spanish acronym) the Regulations and Permits Administration (ARPE, Spanish acronym) or Municipalities, within their corresponding jurisdictions prior to the effectiveness of thus Act; and to establish a term in which existing unauthorized uses may be legalized, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $28^{ ext {th }}$ of June of 2004.
Elba Rosa Rodríguez-Fuentes Director