(a) The continuity of use or building which is not in compliance with the purposes of this chapter 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 or the 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 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 chapter, 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 chapter 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. [Its effectiveness can be extended so long as it relates to the project originally approved.]
History —Aug. 20, 1999, No. 277, § 6; Aug. 1, 2003, No. 174, § 1.