Territorial Planning

Law of Territorial Ordinance of Guatemala, V4

image The fourth version of the Territorial Planning Law of Guatemala is available, a work that represents the commitment and support of many people involved in making this new proposal a better structured document.

This version is still draft, so comments are welcome.

Guatemala

It looks very complete, it has some issues taken from the Honduran Land Management Law, created in 2004, although with many improvements, among them the National System of Territorial Information SINIT is under the control of the National Geographic Institute IGN and Cadastre. It makes sense because they are the regulatory entities.

I was struck by the chapter dedicated to financing national and regional levels so that there is a permanent budget in the implementation of this law.

Here I copy it as is.

TITLE IX
FINANCING SYSTEM
Single chapter

Financing for national and regional institutions
Article. 113. Nature of the fund
The State will incorporate into its annual budgetary forecasts, an allocation equivalent to 0.5% of public investment, for the National Directorate of Territorial Planning and the allocation to the regional and departmental technical units of the rabbit system, for the fulfillment of the attributions that them assigns this law. 
The administration of the resources established in the previous paragraph will correspond to the National Directorate of Territorial Planning and Development.
Article. 114. National Fund for Territorial Planning and Development 
Create the National Fund for Territorial Planning and Development, which will become operational in the following fiscal period as of the entry into force of this Law. The purpose of this fund will be to contribute to the financing of the design, preparation, execution and evaluation of the instruments of planning for the local area of ​​land use planning and development through the execution of strategic actions in support of municipalities that require it.
The administration of the fund will correspond to the National Directorate for Territorial Planning and Development, to do so, it will prepare a special regulation, within a period of no more than 120 business days after the entry into force of this law.
Article. 115. Objectives of the Fund
The National Land Management and Development Fund will have the following objectives:
• Support the DNODT and the regional and departmental technical units of the council system in carrying out the functions set forth in this law.
• Support the Municipal Governments and their associations in the exercise of their functions for the execution of the planning instruments provided for in this Law;
• Strengthen and contribute to the institutional modernization of local governments or their associations in the corresponding micro-regional sphere.
• Provide resources at the local level for the implementation of the analysis, evaluation and participation instruments established in this law. 
• Support the Municipal Governments and their associations in the promotion, generation, expansion and reconversion of productive capacities at the local level, in accordance with the guidelines of the land use planning and development plans.
• Promote and support the development of instruments for land use planning at the national, regional, departmental and municipal levels;
• Generate experiences in the preparation of partial, local and sectoral plans that allow the solution of specific land use conflicts;
• Encourage models of land use planning at the inter-municipal, municipal and community levels;
• Carry out financial compensation processes resulting from the acquisition of land for the development of land use planning processes at the municipal level;
• Strengthen the creation and consolidation of the National Territorial Information System;
• Create a national program to strengthen human resources in the area of ​​land use planning at different levels and areas of action.
Article. 116. Fund assets
The Patrimony of the National Fund for Territorial Planning and Development shall be constituted as follows: 
1. An initial contribution from the General State Budget, which will amount to FIVE MILLION DOLLARS OF THE UNITED STATES OF AMERICA ($ 5,000.000.00); 
2. Donations from any national or foreign entity;
3. Contribution from any other national or external source
Article. 117 Tax exemption
The National Fund for Territorial Planning and Development will be exempt from paying all types of fiscal or municipal taxes. 
Article. 118 Territorial Investment Fund 
The Territorial Investment Fund is created, which will become operational in the following fiscal period as of the entry into force of this Law. The purpose of this fund will be to contribute to the sustainable development of the territories by investing in projects and programs of economic and social development. , environmental, rural, urban, infrastructural and institutional, contemplated in the territorial planning and development plans of the regional and local areas established in this law.
The administration of the fund will correspond to the National Council of Urban and Rural Development for this purpose it will elaborate a special regulation, in a term no longer than the 120 working days after the entry into force of this law.
Article 119 Patrimony of the Fund 
The Patrimony of the Territorial Investment Fund will be constituted as follows: 
• With the items assigned in the regular budget, through the breakdown and assign
tion of the annual public investment budgets of the National Administration in the different regional areas in accordance with the provisions of their respective planning instruments;
• Donations from any national or foreign entity; 
• Contribution from any other national or external source
Article 120. 
The Territorial Investment Fund will be exempt from paying all types of tax of a fiscal or municipal nature. 

You can download it completely, and see some additional resources on the web

Golgi Alvarez

Writer, researcher, specialist in Land Management Models. He has participated in the conceptualization and implementation of models such as: National Property Administration System SINAP in Honduras, Management Model of Joint Municipalities in Honduras, Integrated Cadastre-Registry Management Model in Nicaragua, Territory Administration System SAT in Colombia . Editor of the Geofumadas knowledge blog since 2007 and creator of the AulaGEO Academy that includes more than 100 courses on GIS - CAD - BIM - Digital Twins topics.

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2 Comments

  1. This point, "Carry out financial compensation processes as a result of the acquisition of land for the development of territorial ordering processes at the municipal level", like the Municipal Code, invites ambiguity: it has an indiscriminate use, it confuses between "a piece of land ” and a “Territory”; lends itself to misunderstandings.

  2. Good day.

    Interesting the draft of the Law of Territorial Organization of Guatemala. And thank you for receiving comments from the reader.
    My comment is that the name of the Law should be Land Management and Development. And that there should be a space for the participation of the people in terms of the contest of proposals for territorial development projects and that it should be in law so that the opportunity is given to people who build excellent ideas and many of them arise from the students who do theses based on this type of projects, such as Civil Engineering students.
    Thank you very much for your attention.
    Best regards
    Atte.,
    Rosangell Belén Morales
    Bachelor in Pedagogy and Educational Administration

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