P.R. Laws tit. 23, § 9025

2019-02-20 00:00:00+00
§ 9025. Joint Permit Regulation

In compliance with the provisions of this chapter, the Permit Management Office, the Office of the Chief Permit Inspector, and the concerned government entities, as applicable, shall draft and adopt a Joint Permit Regulation, subject to the provisions of this chapter and the Uniform Administrative Procedures Act, to establish and apply: (a) a uniform adjudicatory system; (b) the evaluation and issue of final determinations, permits, and recommendations related to construction works and land use; (c) the green design guidelines for skill-building of professionals and any other person interested in being certified under the green design guidelines of Puerto Rico; (d) complaint procedure before the Chief Permit Inspector, the concerned government entities, and the autonomous municipalities with I to V granted hierarchy, as applicable; and (e) any other issue that this chapter has referred to address under the Joint Permit Regulation. The “Joint Permit Regulation for Construction Works and Land Use” shall be known as the “Joint Permit Regulation” and shall be approved by the Planning Board and signed by the Governor. The drafting of the Joint Permit Regulation shall be exempted from compliance with §§ 8001 et seq. of Title 12, known as the “Environmental Public Policy Act”.

The entities above listed shall have thirty (30) days, to be counted as of the date of effectiveness of this act, to commence the drafting process of the Joint Permit Regulation, which shall conclude within the first one hundred and eighty (180) days following the date of effectiveness of this act. The Planning Board shall establish through bylaws, the mechanism that shall govern the drafting process of the Joint Permit Regulation. The citizenry shall be guaranteed ample participation in the approval of the Joint Permit Regulation through public hearings. Furthermore, under no circumstances shall the Permit Management Office start operations without having duly approved the Joint Permit Regulation. The Joint Permit Regulation shall be supplemental to the present chapter and shall prevail over any other regulation.

The amendment of a section or part of the Joint Permit Regulation shall not require the amendment of the entire Regulation. In the event of partial amendments to the Joint Permit Regulation, the same shall only require adoption by government entities above listed affected by the same and approval by the Planning Board.

If the Planning Board does not agree with any of the provisions determined to be included in the Joint Permit Regulation, whether at the time of its adoption, pursuant to the first paragraph of this section, or during the amendment process, pursuant to the second paragraph of this section, the Board shall issue a resolution whereby its objection is detailed and shall return it to the above listed government entities affected by the same in order for them to amend the proposed text. If the concerned government entities, the Permit Management Office, the Chief Permit Inspector, and the Planning Board are not able to reach an agreement regarding the proposed text, the suggested text shall be submitted, enclosed with the Planning Board resolution objecting such text, to the Governor, who shall make the final decision regarding the regulatory provision in dispute. The Permit Management Office, the Office of the Chief Permit Inspector, and the concerned government entities shall have one hundred and eighty (180) days to adopt the Joint Permit Regulation as of the date of effectiveness of this act.

History —Dec. 1, 2009, No. 161, § 15.1.