P.R. Laws tit. 5, § 1733
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 § 1731 of this title.
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effect and according to the provisions set forth in § 1736 of this title may be approved provided such permits have not been revoked for any reason.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 chapter 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 Permit Management Office 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 chapter, 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.
(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 Permit Management Office 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 Permit Management Office 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 § 1732 of this title.
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.
History —Aug. 4, 2000, No. 142, § 3; Aug. 1, 2003, No. 174, § 2.