P.R. Laws tit. 23, § 9011
For the purposes of this chapter, the following terms shall have the meaning stated below, except when the text indicates otherwise:
(1) Administrator.— The Administrator of the Regulations and Permits Administration.
(2) Proponent agency.— For the purposes of this chapter and subsection (b)(3) of § 8001a of Title 12, known as the “Environmental Public Policy Act”, shall be the Permit Management Office or any other agency, entity, instrumentality, department or municipality.
(3) Professional land surveyor.— A natural person duly authorized to practice the surveying profession in the Commonwealth of Puerto Rico, pursuant to the provisions of §§ 711 et seq. of Title 20.
(4) Professional agronomist.— Shall be any person to whom a license for the practice of agronomy in Puerto Rico has been issued pursuant to §§ 621 et seq. of Title 20.
(5) Impact fee.— A fee imposed on a new development or activity to mitigate the effect or impact thereof on the capacity of the existing infrastructure, as a condition for the issuance of a recommendation, final determination, building permit or authorization.
(6) Qualified zones or areas.— Land comprised within qualification limits (formerly zoning) established in the Qualification Maps adopted by the Planning Board pursuant to its legal powers.
(7) Professional architect.— A natural person duly authorized to practice architecture as a profession in the Commonwealth of Puerto Rico, pursuant to the provisions of §§ 711 et seq. of Title 20.
(8) Legislature.— The Senate of Puerto Rico and the House of Representatives of Puerto Rico.
(9) House of Representatives.— The House of Representatives of the Commonwealth of Puerto Rico.
(10) Plan or document certification.— The statement of a professional land surveyor, architect or engineer who designed the plan for the construction of a work, using the form designed for such purposes, certifying that the plan and all other required documents are in accordance with the established laws, regulations and specifications, as provided by §§ 42a—42i of this title, §§ 73 et seq. of this title, and this chapter.
(11) Fire prevention certification.— A certification issued as part of the evaluation process for the granting of a use permit by the Health and Safety Unit of the Management Office or an authorized inspector, to the owner, operator or administrator of a public establishment authorizing the operation thereof, and whereby compliance by the establishment with the applicable requirements, regulations, and laws relative to fire prevention is evaluated.
(12) Categorical exclusion certification.— For purposes of this chapter, a written statement submitted by the person who applies for a final determination or permit to the Permit Management Office or an authorized professional, which certifies that the action proposed, in the regular course of its execution, shall not have an environmental impact and/or that the same has been expressly excluded from the environmental planning process through a law or regulation.
(13) Environmental health certification.— A certification issued as part of the evaluation process for the granting of a use permit by the Health and Safety Unit of the Management Office or an authorized inspector, to the owner, operator or administrator of a public establishment authorizing the operation thereof, and in which compliance by the establishment with the applicable requirements, regulations, and laws relative to environmental health is assessed.
(14) Site consultation.— A requalification procedure through which a final determination of a discretionary nature is made, which shall never be deemed to be a permit, concerning:
(a) Proposed land uses that are not ministerial allowed under the applicable regulations in qualified areas, but that the regulatory or legal provisions provide for them to be considered by the Adjudicatory Board of the Permit Management Office.
(b) Projects in which a density or intensity higher than that allowed in the district where such projects are located is proposed and which does not comply with the use allowed in the district.
(c) Projects in which a development proposed for a lot with a capacity larger or smaller than that established, cannot be considered through a construction variance.
(d) Proposed land uses at regional level in accordance with the powers resting with the Planning Board under the provisions of §§ 4001 et seq. of Title 21, and the Municipal Ordination Plans Regulations, and the Transfer and Administration of Powers (Planning Regulations No. 24).
(e) Proposed land uses that owing to their nature or intensity require a special or particular location in order to address special situations such as heavy industrial projects such as the processing of earth crust material, solid waste transfer or final disposal stations, among others, that in no case shall be considered to be supra-regional projects.
(f) Proposed land uses in non-qualified areas which have not been contemplated in the Planning Regulations.
(g) Any public improvement not registered in the Four Year Investment Program (PICA, Spanish acronym), except for public and other transactions exempted by means of resolution by the Planning Board.
(15) Contractor.— A natural or juridical person, whether professional or registered in the Contractors Registry of the Department of Consumer Affairs pursuant to the provisions of §§ 1020a—1020f of this title, who carries out construction works.
(16) Builder.— Applies to any natural or juridical person, duly holding a developer license issued by the Department of Consumer Affairs, engaged in the construction business as entrepreneur or chief officer responsible for the promotion, design, sale, construction of housing developments, whether individual or multistoried.
(17) Delegation agreement.— An agreement whereby the Central government transfers, in whole or in part, to a municipality specific competencies, powers, and responsibilities under the provisions of §§ 4001 et seq. of Title 21, establishing its scope and jurisdiction.
(18) Cost estimate of the construction work.— The total value of the construction work or each one of the phases of the total construction work. It includes any necessary features for the work and its particular use, such as manpower, materials and equipment, whether provided by the owner or by contract. Overhead costs such as insurance, bonds, excise and other taxes, or others as provided by regulation, shall not be included in the cost estimate.
(19) Environmental Impact Statement (EIS).— An environmental document filed with the Permit Management Office, which shall refer such document to the Environmental Compliance Division of the Management Office in order to comply with the requirements of subsection (b)(3) of § 8001a of Title 12, when found that the action proposed shall entail a significant impact on the environment, as defined in the regulations to be promulgated pursuant to the provisions of § 9018d of this title.
(20) Finding of no significant impact.— A statement by the proponent agency based upon and supported by the information contained in an Environmental Assessment (EA), asserting that the action proposed does not entail a significant impact on the environment.
(21) Final determination.— An action, resolution, report, or document that contains the agreement or decision made by the Executive Director, the Adjudicatory Board, an autonomous municipality with I to V granted hierarchy, an authorized professional, or the Chief Permit Inspector, whereby any issue under their consideration is definitively decided or any other similar or analogue determination is made as established in the joint regulations. It shall become a final and binding permit once the corresponding terms have elapsed. In the case of site consultation, a final determination is not tantamount to the granting of a permit.
(22) Environmental compliance assessment.— For purposes of this chapter, any assessment by the Director of the Permit or Management Office and/or the Adjudicatory Board, as part of a final decision, in which he/she certifies that the Proponent Agency has complied with the substantive and procedural requirements of subsection (b)(3) of § 8001a of Title 12, and any other applicable regulations.
(23) Environmental compliance assessment by categorical exclusion.— For the purposes of this chapter, an assessment made by the authorized professional or the Director of the Permit Management Office, as part of a final determination in which he/she certifies that the action proposed does not require any further environmental planning action since it is classified as categorical exclusion.
(24) Director.— The Director of the Environmental Compliance Evaluation Division.
(25) Executive Director.— The Executive Director of the Permit Management Office.
(26) Discretionary.— Describes a determination that requires the subjective judgment of a public official, the Adjudicatory Board or autonomous municipality with I to V granted hierarchy, on the manner in which an activity or action is carried out or proposed. These shall exercise special discretion or judgment to reach their determination, since such determination is beyond the scope of fixed standards or objective measures. The public official, the Adjudicatory Board or autonomous municipality with I to V granted hierarchy, may resort to discretionary subjective judgments when deciding whether an activity should be conducted or how it should be conducted.
(27) Qualification district.— Each and every spatial demarcation into which a land is subdivided in order to distribute and direct the use or structures allowed.
(28) Document.— A graphic or written, printed or digital material relative to any matter inherent to the procedures authorized in this chapter, the disclosure of which has not been restricted through legislation.
(29) Environmental document.— A comprehensive planning document on any action proposed, which shall include an analysis, evaluation, and discussion of any potential environmental impact associated with said action. For purposes of this chapter, this term shall only apply to an Environmental Assessment (EA), Environmental Impact Statement (EIS) or to any of its modalities or stages.
(30) Owner or operator.— Any natural or juridical person whether the proprietor or holder of a real right or a leasehold over land or a structure, or the authorized representative thereof.
(31) Concerned government entities.— Refers to the Planning Board; the Environmental Quality Board; the Public Service Commission; the Electric Power Authority; the Highways and Transportation Authority; the Department of Natural and Environmental Resources, the Aqueduct and Sewer Authority; the Telecommunications Regulatory Board; the Department of Transportation and Public Works; the Trade and Export Company; the Industrial Development Company; the Tourism Company; the Institute of Puerto Rican Culture; the Department of Agriculture; the Department of Health; the Firefighters Corps; the Puerto Rico Police; the Department of Housing; the Sports and Recreation Department; the Solid Waste Authority; the Department of Education; the Ports Authority; the Horse Racing Sport and Industry Administration; the Commonwealth Historic Preservation Office; and the Administration of Energy Affairs, collectively, as well as any other agency or instrumentality as the Governor may determine through Executive Order.
(32) Error or omission.— Any inadvertent action, omission or clerical error, which is not considered to affect the substance of the document. If the error or omission to be corrected is clearly supported by the record, such error or omission is thus rectifiable, for being considered an error of form.
(33) Public establishment.— Any business or industrial establishment where food and/or beverages are handled or produced, such as: restaurants, markets, coffee shops, shops of any kind where food is handled or produced, food stands, milk deposit or pasteurization centers and other analogue establishments as defined in any applicable Commonwealth or federal laws or regulations, and any company, office, institution, labor union, corporation, workshop, business, establishment, slaughterhouse, or civic or religious club, whether public or private, in which goods are offered or services are rendered to people, whether for profit or not.
(34) Structure.— Anything erected, built, fixed or established by humans in, on or under the ground, water, and includes, without being limited to buildings, towers, chimneys, aerial transmission lines, and underground piping, and gas or liquid storage tanks that are mainly above the ground, as well as prebuilt homes. The term structure shall be interpreted as if it were followed by the phrase “or part thereof”.
(35) Environmental assessment.— An environmental document used by the proponent agency in order to determine whether the action proposed shall or shall not have a potentially significant environmental impact when such Agency has decided not to file an EIS beforehand.
(36) Waiver.— An authorization to use property for the use allowed and tolerated by regulations in a zone or district, provided that the requirements or conditions set forth in the applicable regulations for the authorization of the use in question are met.
(37) Categorical exclusions.— Predictable or routine actions that in the regular course of their execution should not have a significant environmental impact. Furthermore, categorical exclusions shall be considered to be those actions determined as such by the Environmental Quality Board through regulations or resolution to such effect.
(38) File or record.— Any document or material regarding a specific matter that is or has been under the consideration of the Permit Management Office, the Office of the Chief Permit Inspector, the authorized professional, the authorized inspector, the Reviewing Board or an autonomous municipality, as applicable, that has not been declared by law as exempted from being disclosed.
(39) Professional geologist: A natural person with the proper education in the field of.— Geology, authorized to practice said profession in the Commonwealth of Puerto Rico under §§ 3551 et seq. of Title 20, and who holds a license issued by the Board of Examiners of Geologists of Puerto Rico and is registered in its Professional Register.
(40) Managers or manager.— Shall mean permit managers.
(41) Infrastructure.— An ensemble of works and services that are deemed to be fundamental and necessary for the establishment and operations of a particular activity such as communication systems, aqueducts, sewers, electric power, telephone utilities, and health, educational, and recreational facilities. Furthermore, it includes elements such as public transportation shelters and other street furniture elements.
(42) Professional engineer.— A natural person duly authorized to practice the profession of engineering in the Commonwealth of Puerto Rico, pursuant to the provisions of §§ 711 et seq. of Title 20.
(43) Authorized inspector.— A natural person who has been duly certified and authorized by the Office of the Chief Permit Inspector to conduct inspections and issue the corresponding certifications or documents required for construction of works, land development, business operation and use permits in Puerto Rico.
(44) Chief Permit Inspector.— The person designated pursuant to this chapter to direct the Office of the Chief Permit Inspector.
(45) Intervener.— Any natural or juridical person other than a party in a proceeding before the Management Office or the Chief Permit Inspector that complies with the applicable requirements established in this chapter or the adjudicatory regulations.
(46) Adjudicatory Board.— The Permit Management Office Adjudicatory Board.
(47) Planning Board.— The Planning Board of Puerto Rico.
(48) Reviewing Board.— The Land Use and Permit Reviewing Board.
(49) Uniform Administrative Procedures Act.— Sections 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”, which for the ends and purposes of this chapter, shall apply only to the adoption, amendment and repeal of the regulations required under this chapter.
(50) Land subdivision.— The division of a parcel into two (2) or more lots for the sale, transfer, assignment, leasing, donation, usufruct, use, annuity, trust, inheritance or community partition, or any other transaction; as well as for the construction, of one (1) or more buildings; it also includes urban developments, as defined in the applicable regulations, or merely a land division.
(51) Ministerial.— Describes a determination that does not require the subjective judgment of a public official or authorized professional on how an activity or action should be proposed or conducted. The official or authorized professional simply applies the specific requirements established by laws or regulations to the facts shown, but employs no special discretion or judgment to reach such determination, inasmuch as such determination solely involves the use of fixed standards or objective measures. The official may not use subjective, discretionary or personal judgments when deciding whether or not an activity should be carried out, or how it should be carried out. For example, a building permit would be ministerial in nature if the official only has to determine whether the use is permitted in the property under the applicable district qualifications, if it complies with the applicable constructability requirements (e.g. the Building Code) and if the applicant has paid any applicable fees and submitted the required documents; the Joint Permit Regulation shall contain a listing of all permits deemed to be ministerial in nature.
(52) Municipality.— A geographical demarcation with all its wards, that has a particular name and a local government, composed of a Legislative Power and an Executive Power.
(53) Autonomous municipality.— The municipality that has a land ordination plan in effect.
(54) Autonomous municipality with I to V granted hierarchy.— A municipality to which the Planning Board has transferred, totally or partially, certain competencies and hierarchy over land ordination under a delegation agreement.
(55) Gross negligence.— Any inexcusable action or failure to act showing utter disregard for the safety of human beings under circumstances which could inflict harm upon such human beings.
(56) Low-cost construction works.— Low-cost construction works are those whose value is equal to or less than fifty percent (50%) of the price established for affordable housing under the provisions of §§ 891 et seq. of Title 17.
(57) Permit officer.— Officers designated by the concerned government entities, as specified in § 9014 of this title to be the liaison in the recommendation process.
(58) Management Office.— The Permit Management Office.
(59) Office of the Chief Permit Inspector.— The Office of the Chief Permit Inspector, created under this chapter.
(60) Party.— A natural or juridical person, entity or agency that has the right to fully participate in a permit granting process carried out before the Management Office or the Office of the Chief Permit Inspector, including but not limited to, instances in which such party starts the process as applicant, or such party is allowed to subsequently participate as “intervener,” inasmuch as such party has a clear, direct, immediate, and indisputable proprietary interest in the controversy or issue in question, and to whom the maximum protection of legal rights and privileges must be granted and recognized in acknowledgement of such interest. With respect to the administrative or judicial review of a final determination of the Management Office, the Adjudicatory Board or an autonomous municipality with I to V granted hierarchy, whose final determination includes an environmental compliance assessment, the term “party” shall include any person with a legitimate interest who has been affected by such determination, subject to compliance with the provisions of § 9018d of this title.
(61) Permit.— A written approval document authorizing the commencement of an action or activity, issued by the Management Office or an authorized professional under the provisions of this chapter. The term “permit” shall not include any licenses, inspection certificates or certifications.
(62) Permits regarding land development and use.— The permit required to carry out improvements to lands or works, or to use property, structures, signs, advertisements or buildings, which do not include permits required for the operation of an establishment.
(63) Green permit.— Permits issued to buildings or designs that meet the prequalification parameters necessary to obtain a certification that meets green permit design guidelines to be established in the Joint Regulations.
(64) Person.— Any natural or juridical person, whether public or private, and any group thereof.
(65) Property.— A lot, structure, building or a combination thereof.
(66) Professional planner.— A planner who has fulfilled the requirements of the law to practice said profession and holds a license issued by the Puerto Rico Professional Planners Examining Board authorizing him/her to practice as such and who is registered in the Registry of the Board.
(67) Pre-application meeting.— An informational briefing that may be requested to the Management Office before filing an application for a proposed project, in which compliance of such project with the applicable statutory and regulatory provisions shall be ascertained.
(68) Environmental planning process.— A process whereby a government body or municipality obtains, assesses, and analyzes all the information that is necessary to ensure that the short and long-term environmental impact of their decisions are considered; this planning tool provides a point of reference when making informed decisions and for ensuring compliance with the Environmental Public Policy of Puerto Rico. The environmental planning process is an informal sui generis proceeding and is excluded from the application of the Uniform Administrative Procedures Act.
(69) Authorized professional.— Shall be any professional land surveyor, agronomist, engineer, geologist, and planner and licensed architect who obtains the authorization, as well as any licensed professional in construction-related fields who complies with the requirements established by the Chief Permit Inspector;
(70) PyMES.— Permits for small and medium-sized businesses with 50 employees or less.
(71) Owner.— Any natural or juridical person who owns the legal interest or productive use of real property.
(72) Building lot.— An urban unit constituted by a tract of land, that has been delimited for cadastral assessment, urban ordination or industrial, commercial or residential planning.
(73) Complaint.— A claim alleging a violation of a law or regulation before a forum with jurisdiction.
(74) Complainee.— A person against whom a complaint is filed.
(75) Complainant.— A person who files a complaint.
(76) Recommendation.— A non-binding written communication by a government entity, municipality, permit manager, Director of the Environmental Compliance Division, and permit official, as it may apply, on a proposed action whereby notice is given only on whether or not such action is consistent with the applicable laws and regulations its jurisdiction and which is not an authorization for the construction of works.
(77) Region.— Each of the geographical parts into which the territory of Puerto Rico is divided where permit management offices are to be established.
(78) Final Determination and Recommendation Registry.— A public register, which may be in electronic format, containing the final determinations and recommendations issued by the Executive Director or by the authorized professionals, as it may apply.
(79) Authorized professional and Authorized Inspector Registry.— An electronic public registry which shall include a list of all authorized professionals, as well as any information on disciplinary actions taken by the Office of the General Permit Inspector in relation to them.
(80) Joint permit regulation.— The Joint Regulation for the Evaluation and Issue of Permits Regarding Land Development and Use, as well as adjudicatory proceedings.
(81) Ordination regulation.— Shall be the provisions to establish the norms on the land use applicable to an ordination plan, and shall include norms on the use and intensity, characteristics of structures and the public spaces, norms on land subdivision, and other land ordination determinations regarding procedures, mechanisms, and better usage, as well as other related aspects, in an autonomous municipality.
(82) Planning regulations.— The regulations approved and signed by the Governor, promulgated and adopted by the Puerto Rico Planning Board, pursuant to the powers conferred by its Organic Act and/or the Uniform Administrative Procedures Act, as amended, or those conferred by any other law.
(83) General regulation.— The General Regulation for General Permit Transactions adopted by the Environmental Quality Board, Regulation Number 7308, effective as of March 30, 2007, and any other subsequent amendment or substitute regulation.
(84) Service representative.— Shall be the officials of the Permit Management Office, designated by the Executive Director to ascertain compliance by permit managers with the terms set forth in the Joint Permit Regulation for the evaluation, approval or denial of final determination and permit in the Management Office.
(85) Senate.— The Senate of the Commonwealth of Puerto Rico.
(86) Utilities.— Gas, electric power, aqueduct or sewer connection services, or other similar services.
(87) Lot or parcel.— A land site which is registered or may be registered in the Puerto Rico Property Registry as an independent tract of land or whose subdivision has been approved, pursuant to the applicable laws and regulations, by a government entity empowered by law to do so, or such existing parcels even if unregistered prior to the effectiveness of the Land Subdivision Regulation of September 4, 1944.
(88) Applicant or petitioner.— Any natural or juridical person who is a proprietor or owner of a land or structure, or who has a real right or a leasehold, or his/her authorized representative, who initiates an adjudicative proceeding concerning such land or structure.
(89) Supra-regional.— A project that extends beyond one region or has an island-wide impact.
(90) Court of First Instance.— The Court of First Instance of the Puerto Rico General Court of Justice.
(91) Supreme Court.— The Supreme Court of the Commonwealth of Puerto Rico.
(92) Urban development.— Any division or subdivision of land which, due to the works to be conducted for its division into lots, is not included under the term “urban development under waiver”, but shall also include the development of any other land for the construction of any building or buildings of three (3) or more housing units; the development of facilities for commercial, industrial, institutional or recreational use that exceeds two thousand (2,000) built square meters; or the development of facilities in a land exceeding four thousand (4,000) square meters.
(93) Urban development under waiver.— Such land division in which all urban development works are already built, or which could be easily completed, that do not exceed three (3) lots or parcels, taking into account the subdivision of the original lots and the remainder of the main or original parcel, for the purpose of computing the three (3) lots or parcels, pursuant to Act No. 116 of June 29, 1964, as the corresponding register certification may indicate. Any subsequent division of the remainder of the original parcel must meet the requirements applicable to an urban land development.
(94) Use.— The purpose for which a property was designed, is occupied, used or is intended to be used or occupied.
(95) Value of the construction works.— The total cost incurred by owner of the works for the execution of each part of the ensemble of the works. This includes the direct costs of any necessary construction contracts and items, whether bought or supplied by the owner of the works, to render the works suitable for its specific use, taking into account the actual market value of each item. Professional service fees and other charges, the land acquisition and easements costs, as well as administrative and financing expenses, are excluded.
(96) Public hearing.— An event in which the participation of any interested person requesting to express his/her opinion on the matter under consideration is allowed.
(97) Variance.— An authorization for land subdivision or development of property using parameters other than those provided by regulations in effect and which is only granted so as to prevent damages to a property for which the stringent application of regulations would be tantamount to seizing the property, due to special circumstances.
(98) Construction variance.— An authorization granted to build a structure or part thereof that does not meet regulations, ordination plans, established codes, in terms of building and population density parameters, but that, due to its condition, special location or specific use, it faces a practical difficulty and calls for a special consideration ensuring that no damages shall be caused to nearby properties. A variance in building parameters on density and intensity shall never be considered to be a reclassification, provided that the proposed use is consistent with the use intended for the kind of district where it is located and meets the requirements applicable to this kind of variance.
(99) Use variance.— Any authorization to use property for a use not allowed under restrictions imposed on a zone or district, which is only granted to prevent damages to a property where, due to special circumstances, the stringent application of regulations would be tantamount to seizing the property. This variance is granted due to the known and pressing need of a use by a community, caused by specific circumstances of such community which cannot be satisfied if the variance is not granted, or which is granted to satisfy a public need that cannot be postponed.
History —Dec. 1, 2009, No. 161, § 1.5; Nov. 23, 2010, No. 175, § 1, 2.