P.R. Laws tit. 23, § 165a

2019-02-20 00:00:00+00
§ 165a. Ancient or historic zones and touristic interest zones—Prior requirements

In harmony with the provisions of §§ 161-166 of this title, known as the “Ancient or Historic Zones and Touristic Interest Zones Act”, no action may be implemented in an old or historic zone or in a tourist interest zone by private persons or government agencies, including municipalities, to modify traffic or alter buildings, structures, property, places, squares, parks, or areas of the zone without the previous approval of the Planning Board or the Permit Management Office, as the case may be. The corresponding agency may not approve any of the actions noted herein without a written recommendation from the Institute of Puerto Rican Culture, in the case of old or historic zones, and by the Tourism Company, in the case of a tourist interest zone.

For those actions of the nature indicated in the preceding paragraph that have been implemented prior to the approval of this act or are to be implemented in the future, the Planning Board, motu proprio, and with the advice of the Institute of Puerto Rican Culture in the case of old or historic zones and of the Tourism Company in the case of tourist interest zones, or at the request of any of said agencies or any official, entity, or interested person, may initiate the corresponding investigation to determine if the action in question conforms to the purposes and objectives of §§ 161-166 of this title. The Planning Board may request the needed information from all sources it may deem pertinent, shall offer the parties a reasonable period of time to express themselves regarding the information received or generated, and may hold an administrative or public hearing to obtain information in such cases the Board may deem it necessary. After evaluating the information and evidence obtained, the Planning Board may order, among other things, the stay of the implementation of the action in question and the return of the zone to its original state, require the modification of the action implemented or in the course of being implemented, or condition the continuance of the implementation of the action on meeting with the corresponding requirements to guarantee that the purposes and objectives of §§ 161-166 of this title are attained.

Any party affected by the determination of the Planning Board may resort to the Court of Appeals for review, whereas any party affected by the determination of the Permit Management Office, Adjudicatory Board, Autonomous Municipalities with I to V granted hierarchy, or an authorized professional may resort to the Reviewing Board for review, except as otherwise provided by law, pursuant to the provisions of § 165 of this title.

History —May 14, 1949, No. 374, p. 1144, added as § 6 on Oct. 10, 1987, No. 8, p. 953, § 2; Dec. 1, 2009, No. 161, § 19.1; Nov. 23, 2010, No. 175, § 12.