This Regulation will enter into force 6 months after its publication in the Official Gazette La Gaceta.
Given at the Presidency of the Republic. —San José, on the eighteenth day of October, two thousand twenty-four.
Technical Procedure for the incorporation of the environmental variable in territorial development plans: Preparation of the EIVA-POTs applying methodological alternative 1: Environmental Fragility Index 1. Generalities 1.1. Guide for the presentation of the EIVA-POT. In accordance with this Regulation, Annex No. 4 includes the guidelines that the proponent must comply with when processing the study and preparing the EIVA-POT, meaning that many of the technical elements described in this Annex No. 1 are explained in the Guide in question, which aims to guide the proponent and their planning team in the best possible way in the process of preparing the technical documents.
1.2. Data acquisition: the procedure for determining the Environmental Fragility Index (Índice de Fragilidad Ambiental, IFA), is based on the principle of integrating documented multidisciplinary information and, eventually, if so defined by the proponent and their planning team, through direct fieldwork, as well as research carried out by professionals qualified for this task.
1.3. Axes of the IFA: the IFA uses four axes of information as a basis for its development.
For each of these environmental information axes, an IFA category is established based on the specific data standardized by this procedure. The fundamental environmental information axes to be taken into account are: Geological, Biological, Edaphological aspects, Climate Change.
1.4. Data interaction: the combination of the specific IFAs for each of the axes enables the establishment of the integrated IFA, and, therefore, the technical and environmental limitations and potentialities for the development of human activities.
1.5. FITE: The generated products are supported by an Explanatory Technical Sheet (Ficha Técnica Explicativa, hereinafter FITE). This information is admitted by SETENA as part of the professional responsibility of the person who carries it out, so it will be accepted as a Sworn Statement (Declaración Jurada) by the responsible professional, and based on its results, SETENA will proceed with the corresponding review, taking these data as true. Each FITE will have the following text and will be signed by each professional as appropriate:
"By this means, the person completing this Explanatory Technical Sheet, as a consultant of the planning team, declares UNDER OATH that the information presented to SETENA is true and accurate and that it conforms to the Methodology established by SETENA. This, under the Environmental Responsibility Clause and in conscious and clear knowledge of the administrative and criminal responsibilities, as well as the consequences for the lives of people or material goods and other effects that the provision of false and incorrect information may lead to." 1.6. Products: The products generated as part of the EIVA-POT do not represent elements for defining zones of prohibition of land use. They are products that allow better decision-making by the proponent and their planning team, by identifying environmental limitations and potentialities to promote sustainable use of the territory; in such a way that human activities are developed in geographical spaces under technical considerations of carrying capacity, which allow for maintaining an environmental balance and maintaining the quality of ecosystems for present and future generations.
2. Cartography of the study area 2.1. Determination of the study area: For the study area, the planning team will establish the cartographic base to be used according to the requirements of the proposed study and will set the limits of the study area and the printing scale that will be applied for the cartographic products to be generated. The area to be planned may not contain territories that are not under the administration competence of the entitled party (legitimado).
2.2. Determination of the working scale: Regarding the working scale, it must be considered that for regional POTs, the reference will be a scale equal to or greater than 1:100,000; for subregional POTs, the reference scale will be between 1:50,000 - 1:100,000; for local POTs (including total or partial regulatory plans), the reference scale will be between 1:5,000 - 1:50,000.
2.3. Reclassification of the IFA cartography: The IFA cartography generated according to the methodological steps established in this annex, and requiring reclassifications, will apply the following criteria:
a. Very high IFA values: category V, color red. b. High IFA values: category IV, color orange. c. Moderate IFA values: category III, color yellow. d. Low IFA values: category II, color light green. e. Very low IFA values: category I, color dark green.
2.4. Cartography of the EIVA-POT: all the cartography of an EIVA-POT that is presented before SETENA will be submitted in digital format, given that it must be presented:
- i)As shapefile files or another vector format compatible with the QGIS program. ii) In image format.
Likewise, the obligatoriness of the proponent to comply with the current technical guidelines of the National Geographic Institute (IGN) is indicated, given that the Catalog of Geographic Objects for Fundamental Data of Costa Rica (NTIG_CR02.10.2020 or its current version) and the Geographic Data Model of Costa Rica Scales 1:1,000, 1:5,000 and 1:25,000 (NTIG_CR03_01.2016 or its current version) will be applied when the cartography refers to geographic objects that are fully or partially included in the published and official version of the IGN; this while the Catalog of Thematic Geographic Objects of specific interest to SETENA is prepared by said Secretariat and validated by the IGN.
The Geodetic Reference System of Costa Rica (NTIG_CR01_01.2016 or its current version) and the Official Profile of Geographic Metadata of Costa Rica (NTIG_CR01.10.2020 or its current version) - the latter must be presented in *.pdf and *.xml formats, using the SNIT template (or the Guide for the presentation of the cartographic metadata template, provided by SETENA) - will be applied in all cases.
(Paragraph amended by Article 1 of Executive Decree No. 44901 of January 28, 2025) 3. Geological IFA Conceptualization: The determination of the variables of this IFA uses as a basis geological information (lithology, stratigraphy, and associated structures), as well as other specific and/or general information on inputs that can be obtained, such as: geological units, geomorphological units that evidence external geodynamic processes, hydrogeological characteristics, and susceptibility to natural hazards (local seismicity, mass movements, volcanic hazard, potential tsunami impact, and flooding); in such a way that mappable areas are established where existing fragilities in the territory are identified from a geological perspective. The Geological IFA is composed of the following factors: External Geodynamic Factor, Water Resource Factor, and Natural Hazards Factor (As amended by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) Methodological step 1: Geological IFA Mapping Activities: for its preparation, the following procedure must be carried out:
3.1. IFA External Geodynamic Factor 3.1.1) The geomorphological analysis of the study area must be the product of a prior geological analysis; different technological tools must be used and the respective field verification carried out, in order to define the geological and geomorphological units present in the territory to be planned.
On this basis, the mapping corresponding to geology and geomorphology is generated.
3.1.2) In the geomorphological mapping, the following areas of interest will be identified:
- a)Drainage density.
- b)Active erosion morphologies (sheet erosion, linear erosion "bosorrocas", gullies (cárcavas), scars, cracks, channels, rills, and other geomorphological criteria); c) Active sedimentation morphologies (talus cones, active alluvial fans, sedimentation lobes, active sedimentation bars, deltas, and areas of relative subsidence with sediment accumulation).
3.1.3) For the preparation of the External Geodynamic IFA, the mapping will be presented in the following manner:
- a)Drainage density according to the following classification:
- b)Active erosion and sedimentation areas: They will be identified as geoforms in the mapping corresponding to the geomorphological layer and will be classified as areas of Very High to Moderate fragility according to the analysis for each geoform, and as Low to Very Low fragility those areas where such variables are not present.
3.2 IFA Water Resource Factor 3.2.1) The hydrogeological model of the study area will be prepared, for which the planning team must consider as inputs the geological map of the study area and information obtained from other official information sources (using as a basis the National Information System for Integrated Water Resource Management - SINIGIRH), including data from groundwater extraction wells and the eventual existence of springs (manantiales) in the area of interest.
3.2.2) Once this information is obtained, the mapping corresponding to the IFA Water Resource Factor will be prepared.
3.2.3) To do this, considering the distribution of the hydrogeological units obtained, areas must be identified with the results obtained for the following variables:
(As amended by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) a) Aquifer vulnerability to contamination: If it exists, the corresponding official mapping must be used; if it only partially covers the study area, the responsible professional must analyze the territory without information, using the GOD Method or one of the other methodologies cited in Article 29 of Decreto Ejecutivo N° 42015-MINAE-S-MIVAI-I of October 25, 2019, "Inter-institutional Coordination Regulation for the Protection of Subterranean Water Resources"; the same applies in the case of the non-existence of official mapping for the entire study area.
- b)Aquifer recharge: If it exists, the corresponding official mapping must be used; if it only partially covers the study area, the responsible professional must analyze the territory without information, using one or more of the following methodologies: Günther Shosinsky, environmental isotopes, artificial tracers, groundwater level fluctuations, chemical concentrations of chlorine in the unsaturated zone, water flow in the unsaturated zone, as well as other applicable methodologies, as established in Article 32 of Decreto N° 42015 cited above; the same applies in the case of the non-existence of official mapping for the entire study area.
3.2.4) For the preparation of the Water Resource IFA, the mapping will be presented in the following manner:
- a)Aquifer vulnerability to contamination: The results obtained according to the methodology used will be standardized into five categories of environmental fragilities: Very Low, Low, Moderate, High, and Very High.
- b)Aquifer recharge: The results obtained according to the methodology used will be standardized into five categories of environmental fragilities: Very Low, Low, Moderate, High, and Very High.
- c)Protection zones of rivers and streams, whose layer will be dynamic in nature, i.e., it will not be added with other layers, it will be interactive for the global analysis.
- d)Protection zones of springs (nacientes), whose layer will be dynamic in nature, i.e., it will not be added with other layers, it will be interactive for the global analysis.
- e)Operational radii of wells, whose layer will be dynamic in nature, i.e., it will not be added with other layers, it will be interactive for the global analysis.
3.3 IFA Natural Hazards Factor 3.3.1) In consideration of the information processed during the preparation of the geological, geomorphological, and hydrogeological mapping, complementing said information with inputs collected from direct or indirect sources, the mapping of the IFA Natural Hazards Factor must be prepared, whose main objective is the identification of possible sources of natural hazards and, in addition, their qualification regarding conditions of high and very high hazard.
3.3.2) The natural hazard topics that must be integrated as part of this analysis are the following:
- a)Local seismicity potential: based on the seismic density index (earthquakes/km²) taken from the record of instrumental and historical seismicity for the area from the national seismicity registry.
- b)Mass movement hazard: it will be analyzed by means of some methodology that has been published and validated for rainy, mountainous tropical environments with frequent seismic activity, as is the case of Costa Rica; the selected option must be technically justified.
- c)Volcanic hazard.
- d)Potential tsunami impact in marine-coastal zones (must be presented only for coastal zones).
- e)Flood hazard.
3.3.3) For the preparation of the Natural Hazards IFA, the mapping will be presented in the following manner:
- a)Local seismicity potential: According to the classification of Table No. 1 of this Annex.
- b)Mass movement hazard: The results obtained according to the methodology used will be standardized into five categories of environmental fragilities: Very Low, Low, Moderate, High, and Very High.
- c)Volcanic hazard: According to the classification of Table No. 1 of this Annex.
- d)Potential tsunami impact in marine-coastal zones: According to the classification of Table No. 1 of this Annex.
- e)Flood hazard: The results obtained according to the methodology used will be standardized into five categories of environmental fragilities: Very Low, Low, Moderate, High, and Very High.
3.3.4) For each of the variables analyzed in this factor, the compilation of incidents recorded by the Comisión Nacional de Emergencias (CNE) as well as those of the Comités Municipales de Emergencias is required; said incidents will be included in the respective mapping as areas of Very High fragility.
Table No. 1 Classification of variables for the Natural Hazards factor.
For volcanic hazard, in the very high, high, and moderate categories: the areas near channels capable of transporting pyroclastic flows must be highlighted with particular emphasis given their dangerous condition.
Product 1: Geological IFA mapping in accordance with what is indicated in point 2.4 of this Annex and the FITE that presents the table of technical limitations and potentialities. As part of the FITE, a certainty assessment will be included according to the data in Table No. 2 of this Annex. This mapping will be prepared as a product of points 3.1 to 3.5 of this Annex.
Table No. 3 Reference for assessing the certainty of the IFA mapping 1: Sum of each column multiplied by the weight of the criterion.
2: Total sum of points.
Note: The responsible professional must establish the criteria used according to the degree of support from available information (bibliography), as well as that obtained by interpretation of satellite images and field data; they must establish the corresponding certainty value.
4. Biological IFA Conceptualization: As part of the integration of the biological information of the study area within the process of generating the IFA mapping, it is necessary to take into account not only the cartographic information that will be collected directly in the field, but also all other technical information available in official publications, particularly maps, as well as what relates to the application of environmental protection regulations that have been defined for geographic spaces, such as areas under different categories of protection or similar, formally established by means of legal instruments. The information on biological aspects necessary for an EIVAPOT requires the development of species inventories that come from official information sources (such as Biodata www.biodiversidad.go.cr). The Biological IFA is composed of four variables: Vegetation Cover Type, Management Categories, Biodiversity, Biological Corridors and Connectivity.
Methodological step 2: Biological IFA Mapping Activities: for its preparation, the following variables must be taken into consideration.
4.1) Guidelines-Mapping Vegetation Cover Type 4.1.1) Cartographic information is required on types of natural vegetation covers, particularly of sensitive biotopes including at least forests, mangroves, marshes; as well as their interaction with other types of soils, and, in addition, data regarding special land-use regimes that the State has defined.
4.1.2) From this point of view, the methodology consists of the detailed interpretation of recent satellite images for the purpose of generating mapping to identify and categorize various types of vegetation covers according to the following classification:
4.1.3) All this information is synthesized into the mapping of vegetation cover types.
4.1.4) The field work carried out involves a general verification of those cover types and their respective photographic record.
4.2 Guideline-Mapping Management Categories Protected areas formally established by national legislation and according to the management categories established in Ley Orgánica del Ambiente No. 7554, particularly regarding the land-use limitations that each of those categories implies. The following criterion will be used for classification:
4.3) Biodiversity Guideline Presence of wild flora and fauna species according to inventories from published scientific research, official State databases (for example www.biodiversidad.go.cr), databases with statistical records, and diagnoses carried out by local governments. The presence of endangered species, reduced populations, migratory, key, or endemic species will require management measures for their conservation in those areas to reduce, mitigate, and compensate for the impact on those populations. The following classification will be used:
4.4) Guideline-Mapping Biological Corridors and Connectivity Areas formally established by national legislation promoted by SINAC through the National Program of Biological Corridors, and those areas with potential as biological corridors based on data specific to the area or from regional studies carried out by official authorities on the matter and that are available. For this purpose, the planning team must coordinate with the regional offices of the Sistema Nacional de Áreas de Conservación (SINAC) of the Ministerio del Ambiente y Energía (MINAE). Within this activity, particular attention must be paid to the topic of biological connectivity as part of the IFA mapping. The following criteria will be taken into consideration for classification:
(*)4.5 "Biological IFA":
4.5.1) The information generated will be processed in consideration of the methodology indicated in points 4.1, 4.2, 4.3, and 4.4 above.
4.5.2) Once the mapping of the four biology variables is available with their respective tables of technical limitations and potentialities and their qualification, the Biological IFA is prepared.
4.5.3) The Biological IFA is obtained by integrating the four previously prepared variables and the established qualification, as well as the consideration of tables of thermal limitations and potentialities.
(*)(As amended and renumbered by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) 5. IFA Edaphological Aspects Conceptualization: The knowledge of how the soil resource is being used in the country, especially those subjected for a long time to exploitation by human beings, constitutes a matter of great importance since it forms a direct indicator of the current relationship between society and the environment and, on the other hand, defines criteria that support the future planning of sustainable development and land-use planning (ordenamiento del territorio). This axis corresponds to the basic information on edaphological aspects that is required to be obtained for EIVA-POTs.
Methodological step 3: IFA Edaphological Aspects Activities: for its preparation, the following aspects must be taken into consideration.
5.1) The information required on soils and, in general, on edaphological aspects for land-use planning is linked to two main aspects: a) promoting that soils with greater agricultural potential, due to their fertility, be preserved in order to use them as a source of food and promoting the food security of Costa Rican society, b) promoting that the land-use plan considers as part of its guidelines the recovery of degraded soil zones and their due protection as well as an environmentally sustainable use; with particular emphasis on the vision of soils as potential carbon dioxide sinks through regenerative production.
5.2) In consideration of this, two fundamental types of factors are required:
5.2.a) The type of soil present in the geographic space analyzed.
5.2.b) The land-use capacity resulting after the application of specific soil management and conservation practices, for cases of modifiable limitations of the land-use capacity, item 7 of the "Methodology for the determination of the agroecological land-use capacity of Costa Rica" contained in Article 1 of Decreto Ejecutivo N° 41960-MAG-MINAE, of November 2019.
5.3) The methodology for establishing land-use categories is official in nature, according to Decreto Ejecutivo N° 41960-MAG-MINAE. For cases of regulatory plans, it would be applied up to the categorization of management units.
5.4) Regarding the content of edaphological aspects, the following topics must be incorporated:
5.4.a) Zoning of soil types based on the official categorization and zoning established by the Ministerio de Agricultura y Ganadería (MAG), or from data obtained through field studies and related to the geological and geomorphological information, or, as the case may be, a combination of both sources of information. The use of geological and geomorphological data is very useful in many cases.
5.4.b) Land-use capacity in accordance with the official method cited above in point 5.2.b. In consideration of the scale of the soil type maps referred to in subsection 5.4.a) above, the professional responsible for this IFA component must proceed to adjust said information, for which they must use the cartographic information from points 3 and 4 above.
5.5) Once the respective qualifications are available, and following the same data processing procedure in the Geographic Information System as for the Biological IFA, the IFA Edaphological Aspects will be prepared.
5.6) For the IFA Edaphological Aspects, the land-use capacity mapping will be used, according to the following classification criteria:
5.7) The IFA Edaphological Aspects will have a classification according to the following criterion:
1 The land-use capacity shall be that resulting after the application of specific soil management and conservation practices, for cases of modified limitations of the land-use capacity, item 7 of the "Methodology for the determination of the agroecological land-use capacity of Costa Rica" contained in Article 1 of Decreto Ejecutivo N° 41960-MAG-MINAE Product 3: IFA Edaphological Aspects mapping in accordance with what is indicated in point 2.4 of this Annex, and the FITE that presents the table of technical limitations and potentialities. This mapping will be prepared as a product of points 5.1 to 5.7 of this Annex.
6. Climate Change Effects Conceptualization:
The effects of climate change refer to the series of short- or long-term events that originate directly and indirectly from the warming of the planet Earth's atmosphere as a consequence of human impact through the accelerated emission of greenhouse gases. Short-term effects include hydrometeorological events (storms, hurricanes, erosion, and landslides; droughts and forest fires are also included). Long-term events include desertification, ecosystem degradation due to natural causes, and relative sea-level changes, among others.
Methodological step 4:
Activities:
6.1 As part of the analyses that must be developed for point 3.3 on natural hazards, the following three elements must be considered:
6.1.a. Potential impact from relative sea-level change associated with climate change effects.
6.1.b. Potential impact from drought and desertification linked to average annual precipitation projections made by the Instituto Meteorológico Nacional for a time horizon to the year 2039.
6.1.c. Information on climate change scenario projections made by the Instituto Meteorológico Nacional or other international data sources on this topic in their most updated version.
6.2. As part of the analyses that must be developed for point 4 on biological aspects, life zones must be considered, including the most recent and available climatic and bioclimatic data for the study area.
Product 4: Mapping of the effects of climate change that are identified in accordance with what is indicated in points 6.1 and 6.2 of this Annex, and the FITE that presents the table of technical limitations and potentialities. This mapping will be prepared as a product of points 6.1 and 6.2 of this Annex.
7. Current Environmental Overuse Mapping Methodological step 5: Current Environmental Overuse Mapping Activities: for its preparation, the following points must be addressed:
7.1) This mapping is prepared by overlaying the current land-use mapping prepared for the study with the mapping of each of the component factors of the Geological IFA, and for the final map of the Biological and Edaphological Aspects IFAs, as well as the mapping of indigenous territories, archaeological sites, and protected wilderness areas (including wetlands), which are governed by their own regulations and are not areas to be planned. In the particular case of agricultural territories declared by the Instituto de Desarrollo Rural (INDER), it must be verified that the proposed uses are in accordance with said declaration. Its objective is to identify areas of environmental overuse, i.e., where land use is not in a state of equilibrium with respect to the environmental fragility condition.
7.2) To group the results of the above overlay, areas will be identified as: conforming use (label "ConformingUse"), medium overuse (label "MediumOveruse"), and high overuse (label "HighOveruse").
7.3) If there are different types of high or medium overuse areas, they will be subdivided, placing a Roman numeral next to them, for example: "MediumOveruse-II".
7.4) A summary (in prose, a table, or as the planning team deems appropriate) of current overuse areas will be prepared, explaining the reason for the overuse, the type of overuse identified, the destabilizing factors that generate the overuse, and the measures to manage the environmental guidelines, as part of the input for the planning team's decision-making; reference will also be included to the interaction of these overuse areas with respect to product 4 (Climate Change).
Product 5: Current Environmental Overuse mapping in accordance with what is indicated in point 2.4 of this Annex, as well as the summary of current overuse zones. As a complementary FITE for this product, the statistical data of the different overuse zones identified will be delivered, as well as a summary of their characteristics and the interaction of these overuse areas with respect to product 4 (Climate Change). Other analysis data on the current environmental condition of the territory under analysis will also be presented.
8. Readjustment, Adjustment, and Incentives Plan (PRAI) Conceptualization: this instrument is applied for those cases of current land uses where an overuse is detected (whether high or medium) and impact with respect to product 4 (Climate Change), as it is incompatible with the environmental condition of the geographical space.
Methodological step 6: PRAI Activities: for the preparation of the PRAI, the following points must be observed:
8.1) For those cases where there is incompatibility between the final map of each IFA and the existing land use, a PRAI will be established that allows for identifying better use practices so that the overuse condition is properly managed (As amended by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) 8.2) When, due to the condition of the IFA analysis, an evident incompatibility based on a legal aspect is detected, it will be defined as a use conflict area, for which, in a process separate from the environmental feasibility management, the proponent, together with the legitimate administrator of said areas, must manage what is necessary so that said use conflict is addressed. Product 6: PRAI, prepared in accordance with points 8.1 and 8.2. In the FITE for this product, complementary data that reinforce the analysis may be delivered.
9. Synthesis Matrix: diagnosis of the current environmental situation for cumulative effects, environmental prognosis, and environmental guidelines for land use. Conceptualization: it corresponds to a synthesis matrix that involves:
- a)The current environmental situation of the study area, summarized by means of an environmental condition matrix, including cumulative environmental effects regarding a series of key topics including at least: water sources, forest and ecosystem status, degree of land occupancy, intensity of human occupation, risk management regarding natural hazards and climate change effects, assessing the interaction of these areas with respect to the areas identified as part of product 4 (Climate Change), and the situation regarding agricultural and livestock activities, among other factors determined by the planning team. For the key topics of air quality, solid and liquid waste, the specific regulations linked to these topics must be addressed, namely Ley para la gestión integral de residuos No. 8839 of June 24, 2010, and the Reglamento de calidad del aire para contaminantes criterio, Decreto N° 39951-S of August 9, 2016.
- b)The projection of the environmental situation of the geographical space under study, according to the environmental diagnosis carried out and given the current land use.
- c)The environmental guidelines for land use in the study area are developed in consideration of the environmental fragility of the terrain, the technical limitations and potentialities, and the current environmental overuse conditions, analyzed from a broad perspective of sustainable use for human activities.
Methodological step 7: Synthesis Matrix Activities: for the preparation of this matrix, the following points must be addressed:
(*) ''9.1) To generate the current environmental overuse mapping as a way of determining the current environmental situation of the study area, a synthesis matrix of the environmental condition must be filled out, including cumulative environmental effects, regarding a series of key topics such as:
9.1.a) Water sources, with particular emphasis on water for human consumption (taking into account climatic factors -including vulnerability and risk to climate change- for both surface and groundwater).
9.1.b) Air quality.
9.1.c) Production and management of solid waste (ordinary and special).
9.1.d) Production and management of liquid waste (wastewater and stormwater).
9.1.e) Status of forests, ecosystems, and other biotopes.
9.1.f) Degree of land occupancy with impermeable works and effects on the quality of the possible aquifers underlying the study area.
9.1.g) Intensity of human occupation with respect to the environmental carrying capacity of the geographical space, defined according to current planning conditions and IFA data.
9.1.h) Risk management regarding natural hazards and climate change hazards, in accordance with the areas identified as part of the result of product 4.
9.1.i) Situation regarding agricultural and livestock activities.
(*) (As amended by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) 9.2) The planning team may add new factors as the territory to be planned requires. Table No. 3 of this Annex will be used as a reference.
9.3) As part of filling out this matrix, an environmental qualification of the situation will be established by setting a value for the intensity of the impact and its magnitude, in order to generate a prioritization of addressing said impacts as part of the strategy to be assessed in the POT and its implementation. Up to this point, columns 1-2-3-4 of Table No. 3 of this Annex will be completed.
9.4) Based on the analysis carried out so far, an environmental prognosis for the study area will be prepared. To do this, columns 5-6 of Table No. 3 of this Annex will be completed.
9.5) As a summary of the entire process of introducing the environmental variable, a synthesis of the environmental guidelines will be prepared for consideration by the planning team when preparing the proposed zoning of the study area. It must be considered that the environmental guidelines will be drafted bearing in mind that they are of a strategic and local type, that they are guiding and not prohibitive, and that they are input for decision-making on the proposed POT zoning. To this end, column 7 of Table No. 3 of this Annex will be completed.
9.6) The information generated by this analysis may be used for decision-making on the proposed POT zoning, as well as for the development of strategies for environmental remediation, correction, and recovery.
9.7) The Synthesis Matrix will use Table No. 3 below as a basis:
Table 3. Synthesis matrix: diagnosis of the current environmental situation for cumulative effects, environmental prognosis, and environmental guidelines for land use Note: The responsible professional may establish more elements of analysis according to the research carried out for the study area. The order of the environmental elements presented in this Table is indicative, as it could be ordered according to the priority order established in the column "Priority of Attention Grade." Product 7: Synthesis Matrix, prepared in accordance with points 9.1 to 9.7.
In the FITE of this product, complementary data may be provided to reinforce the analysis.
Product sheet
Technical Procedure for incorporating the environmental variable in land-use planning instruments: Preparation of the EIVA-POT using methodological alternative 2, DAM-RIC-IME
I. General Provisions
1.1. Guide for the presentation of the EIVA-POT: ''In accordance with this Regulation, Annex No. 4 includes the guidelines that the proponent must comply with when processing the study and preparing the EIVA-POT, given that many of the technical elements described in this Annex No. 2 are explained in the Guide in question, which aims to guide the proponent and their planning team in the best possible way in the process of preparing the technical documents.
(Thus amended the previous paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) 1.2. Structure of the EIVA-POT: The EIVA-POT is composed of the following three elements:
- a)Environmental Assessment (Diagnóstico Ambiental, DAM) b) Summary of Complementary Information (Resumen de Información Complementaria, RIC) c) Report on Measures for managing environmental constraints (Informe Medidas para gestionar las condicionantes ambientales, IME) 1.3. Sources of information for the EIVA-POT: For the preparation of the EIVA-POT, the proponent may use any of the following sources (technical studies):
- a)Digital or printed cartography, using the latest version of baseline thematic layers published on open-access geoportals, such as the SNIT.
- b)Digital or physical cartography, produced through periodical publications or as a result of technical studies endorsed according to their competence, whether by ministries, autonomous institutions, municipalities, laboratories, universities, observatories, networks, programs, institutes, and academic research centers, with scientifically valid methodologies; whether published on open-access geoportals, such as the SNIT.
- c)Digital or physical cartography, research, publications, and technical reports of an academic nature (theses and research projects); whether unpublished or published on open-access or restricted-access geoportals.
- d)Information prepared as part of the process of the regulatory plan (plan regulador) or the land-use planning instrument (instrumento de ordenamiento territorial).
- e)Information prepared from existing basic cartography, improved for the purposes of obtaining results useful for the analysis.
- f)Information generated by the proponent in previous studies relevant to the regulatory plan or the land-use planning instrument.
- g)Information collected through field work.
- h)Information obtained through orthorectifying resources, such as satellite images (LANDSAT, SENTINEL 1, SENTINEL 2), other types of remote sensors (LIDAR), photographs, and remotely piloted aircraft systems (DRONES); with a temporal resolution not exceeding 5 years.
In the selection of sources, the most up-to-date and precise information shall be prioritized, considering the possible variability of the data, depending on the type of variable, over time, and its impact on the zoning outcome. The EIVA-POT must be submitted at the scale appropriate for the study area, in accordance with what is indicated in the Technical Annex.
Likewise, all cartographic information used or generated as part of the various analyses of the included variables must comply with the Technical Regulations on Standardization established by the National Geographic Institute (IGN). In this sense, the proponent is obligated to comply with the current technical guidelines of the IGN, given that the Catálogo de Objetos Geográficos para Datos Fundamentales de Costa Rica (NTIG_CR02.10.2020 or its current version) and the Modelo de Datos Geográficos de Costa Rica Escalas 1:1.000, 1:5.000 y 1:25.000 (NTIG_CR03_01.2016 or its current version) shall apply when the cartography refers to geographic objects that are included totally or partially in the published and official version of the IGN; this, insofar as the Catálogo de Objetos Geográficos Temáticos of specific interest to SETENA is prepared by said Secretariat and validated by the IGN. (*) The Sistema de Referencia Geodésico de Costa Rica (NTIG_CR01_01.2016 or its current version) and the Perfil Oficial de Metadatos Geográficos de Costa Rica (NTIG_CR0-1.10.2020 or its current version), the latter must be submitted in *pdf and *xml, using the SNIT template (or the Guide for the submission of the cartographic metadata template, provided by SETENA), shall apply in all cases.
(*)(Thus amended the phrase of the last paragraph above by Article 1 of Executive Decree No. 44901 of January 28, 2025) 1.4. Typology of EIVA-POT variables: The environmental variables are divided into the following three categories:
- a)General variables: variables that must always be included in the EIVA-POT.
- b)Conditional variables: variables that must always be incorporated into the EIVA-POT if they are present in the study area. Otherwise, the technical justification for their exclusion in the EIVA-POT must be provided, as established in this Annex.
- c)Additional variables: variables other than the general and conditional ones that the proponent of the EIVA-POT considers relevant to incorporate into their analysis, even if they are not listed in this Annex.
1.5. General variables of the EIVA-POT: The general variables that the EIVA-POT must obligatorily contain are the following:
- a)Aquifer vulnerability to contamination b) Aquifer recharge c) Flood hazard d) Biotic cover (flora) and Biodiversity e) Drought hazard 1.6. Conditional variables of the EIVA-POT: The following are considered conditional variables of the EIVA-POT:
- a)Agroecological land-use capacity b) Susceptibility to mass movements c) Volcanic hazard d) Tsunami hazard e) Biological corridors f) Mean sea level rise hazard These variables must obligatorily be included in the EIVA-POT if they are found in the territory; otherwise, the corresponding technical evidence and justification that the variable is not present in the study area must be provided.
1.7. Additional variables in the EIVA-POT: The proponent may include additional variables in the EIVA-POT when they consider them substantially relevant for the planning of their territory and have the technical backing with information that allows their analysis under the terms set forth by the methodology. Some possible additional variables are: landscape, heat islands, geological faults, archaeological heritage, green network and connectivity routes, transition or buffer areas of protected wild areas, coastal erosion and liquefaction, use of territory by migratory species.
1.8. Inclusion of additional variables in the EIVA-POT: SETENA shall review and analyze the inclusion of additional variables according to the following criteria:
- a)It manifests an environmental condition that can be linked to land-use planning, insofar as it imposes environmental constraints on the territory.
- b)It is independent with respect to the general or conditional variables.
- c)It presents an explanatory theoretical framework and a calculation methodology.
SETENA may reject the inclusion of additional variables that do not meet any of the established criteria.
The additional variables must be incorporated into the EIVA-POT, like the rest of the variables, in such a way that the environmental constraints that the variable imposes on territorial development are determined and can be managed through the regulatory plan or the corresponding land-use planning instrument, in compliance with the calculation methodology used.
1.9. Regarding the measures for managing environmental constraints: The measures for managing environmental constraints, identified in the DAM, shall be included in the proposal of the regulatory instruments of the regulatory plan or the land-use planning instrument, in order to adapt, administer, prevent, correct, mitigate, minimize, or compensate the constraints that the natural environment imposes on a territory.
These measures are circumscribed to the legal scope of the regulatory plan or the land-use planning instrument itself. They may refer to both the use zoning map and other rules, such as urban or construction restrictions, which may promote the use of nature-based solutions, within the aforementioned legal scope.
The measures for managing environmental constraints must harmonize the enjoyment of the right to private property with the promotion of sustainable territorial development, seeking the protection of human life, the sustainable use of natural resources, the preservation of ecosystem services, the mitigation of and adaptation to the effects of climate change, as well as seeking the harmonious use of the land and reversing or mitigating non-harmonious use, to maintain and improve the quality of life of the people.
2. Cartography of the study area 2.1. Study area: In the analysis of the study area, for which a regulatory plan or a land-use planning instrument is being prepared, the correspondence with existing information inputs for smaller scales (larger geographic area) must be considered, taking into account cascade planning (national, regional, subregional, and local). For this, it must be understood that the level of detail of the investigations will depend on the scale at which the work is carried out and that, for example, by carrying out the EIVA-POT for a canton, more detailed and precise information can be achieved than that existing at the regional or national level, which provides more value to the development of the studies necessary to create the cantonal land-use planning instrument (regulatory plan); the same applies to instruments created at other scales.
2.2. Work scale: The spatial entities of the cartography must respect the following work scale:
- Type A: equal to or greater than 1:100,000 for national planning or specific national development regions.
- Type B: between 1:100,000 and 1:50,000 (inclusive) for subregional planning using primary or secondary hydrographic basins as the basis for territorial administration. The scale will depend on a basin hierarchy, according to the scenario to be studied.
- Type C: between 1:50,000 and 1:5,000 (inclusive) for local planning and cantonal or urban regulatory plans.
- Type D: smaller than 1:7,500 (inclusive) for Coastal Regulatory Plans of the Maritime-Terrestrial Zone (Zona Marítimo Terrestre, ZMT).
2.3. Cartography of the EIVA-POT: All cartography of an EIVA-POT submitted to SETENA shall be sent in digital format, given that it must be presented:
i. As shapefile files or another vector format compatible with the QGIS program.
ii. In an image format of at least 300 dpi.
Likewise, the obligation of the proponent to comply with the current technical guidelines of the National Geographic Institute is noted, given that the Catálogo de Objetos Geográficos para Datos Fundamentales de Costa Rica (NTIG_CR02_01.2016 or its current version) and the Modelo de Datos Geográficos de Costa Rica Escalas 1:1.000, 1:5.000 y 1:25.000 (NTIG_CR03_01.2016 or its current version) shall apply when the cartography refers to geographic objects that are included totally or partially in the published and official version of the IGN; this, insofar as the Catálogo de Objetos Geográficos Temáticos of specific interest to SETENA is prepared by said Secretariat and validated by the IGN.
The Sistema de Referencia Geodésico de Costa Rica (NTIG_CR01_01.2016 or its current version) and the Perfil Oficial de Metadatos Geográficos de Costa Rica (NTIG_CR0-1.10.2020 or its current version), the latter must be submitted in *pdf and *xml, using the SNIT template (or the Guide for the submission of the cartographic metadata template, provided by SETENA). shall apply in all cases.
(*)(Thus amended the previous paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) V.2 or its current version), the latter must be submitted in *pdf and *xml, using the SNIT template, shall apply in all cases.
3. Environmental Assessment (DAM) 3.1. Objective of the DAM: The objective of the DAM is to understand the detailed environmental situation of the study area, through the compilation and generation of information on the variables included in the EIVA-POT and the analysis of the constraints that these impose on territorial development. The DAM allows the identification of the various environmental constraints and their characteristics, as well as existing land-use conflicts, all of which will be important input for the preparation of the proposal for the regulatory plan or land-use planning instrument under analysis.
Said product shall be prepared as an integral part of the territorial assessment phase of the regulatory plan, defined in the Manual de Elaboración de Planes Reguladores of INVU, or the land-use planning instrument. Each of the variables shall be analyzed independently and the result shall be reflected in a cartographic file.
3.2. Content of the DAM: The DAM shall consist of two inputs, each with various components detailed below:
3.2.1. Analysis of the EIVA-POT variables: the contents and results of each of the variables included in the study are developed, for which the following documents must be presented:
- a)Description of the variables: a document composed of the list of general, conditional, and additional variables included in the study, as well as the list of conditional variables that will be excluded from the analysis with their corresponding technical justification.
- b)Methodological analysis of each variable: a document detailing the forms of data collection, the methodology used to process the data, the method of categorizing results, as well as any other information the proponent deems pertinent.
- c)Cartographic file with the result obtained for each variable: documentation showing the spatial distribution of the variables, according to the classification specific to the nature of each variable, and the environmental constraints that it represents for territorial and urban development, as the case may be.
3.3.2. Analysis of the DAM: once the individual evaluation of the variables is concluded, an integrated analysis of them shall be carried out. This will generate three cartographic files that demonstrate the current situation of the study area and allow the identification of land-use conflicts with the identified environmental and legal constraints. The files to be generated are the following:
- a)Current land use: where the current use of the land in the study area is classified, with greater detail than that included in the Biotic cover and Biodiversity Variable, focusing especially on the disaggregation of anthropic uses.
- b)Legal constraints for development: includes the delimitation of those areas in which there is some legal restriction for land use, particularly: Natural Heritage of the State (Patrimonio Natural del Estado), Indigenous Territories, Historical-Architectural Heritage, protection zones or special protection zones defined in any current legal norm, the Public Zone of the ZMT for coastal regulatory plans, and protection areas for bodies of water; such as rivers, springs (nacientes), lakes, aquifers, and recharge areas, whose limits shall be determined by the competent bodies.
- c)Land-use modality: where the areas are classified according to whether there is harmonious use, harmonious use with potential, or non-harmonious land use; as well as the relationship between existing activities and the identified environmental constraints.
3.3. Sources of information for the variables: The sources of information for the analysis of the variables are found in the Technical Annex, which forms an integral part of this decree. The planning team may use other sources of information provided they comply with unambiguous rules of science or technique and with elementary principles of logic, observing a level of precision and quality equivalent to that indicated in the Technical Annex.
3.4. Calculation of variables in the DAM: The calculation methodology for each variable is that set forth in point 3.6 of this Annex. In the event that there is no specific regulation on a variable, each proponent may calculate the variables by applying any methodology based on logic, technique, and science, as technically justified in the explanatory document for each variable.
3.5. Results of the DAM: The analysis and results of each variable, including its environmental constraints, with its respective digital cartography, as well as the identification of the identified land-use conflicts. These shall be the base elements to formulate the zoning proposal, as well as for the subsequent definition of the necessary measures for managing environmental constraints, which must be integrated into the proposal of the corresponding regulatory plan or land-use planning instrument.
3.6. Technical detail for the preparation of the DAM 3.6.1. General variables 3.6.1.1. Aquifer vulnerability to contamination For the analysis of this variable, the proponent must use, if it exists, the official map regarding the aquifer vulnerability to contamination, covering the study area, partially or totally. If the official map is partial for the study area, the responsible professional must analyze the territory without information, using the methodology detailed in the terms of reference officialized by the Interinstitutional Technical Commission (Comisión Técnica Interinstitucional, CTI) for Aquifer Management (Gestión de Acuíferos); the same applies in the event that no official map exists for the entire study area.
In the absence of the terms of reference officialized by the Interinstitutional Technical Commission (CTI) for Aquifer Management, an evaluation must be carried out using the GOD Method or the other methodologies listed in Article 29 of Decree No. 42015-MINAE-S-MIVAH of October 25, 2019, "Reglamento de coordinación interinstitucional para la protección de los recursos hídricos subterráneos." To complete, improve, and detail the analysis of this variable, the possibility of carrying out necessary field work is admitted.
3.6.1.2. Aquifer recharge The proponent must use, if it exists, the official map regarding aquifer recharge covering the study area, totally or partially. If the official map is partial for the study area, the responsible professional must analyze the territory without information, using the methodology detailed in the terms of reference officialized by the Interinstitutional Technical Commission (CTI) for Aquifer Management; the same applies in the event that no official map exists for the entire study area.
Until the terms of reference officialized by the Interinstitutional Technical Commission (CTI) for Aquifer Management are established, one or some of the following methodologies must be used: Günther Shosinsky, environmental isotopes, artificial tracers, groundwater level fluctuations, chemical concentrations of chlorine in the unsaturated zone, water flow in the unsaturated zone, as well as other applicable methodologies, as established by Article 32 of the aforementioned Decree No. 42015. To complete, improve, and detail the analysis of this variable, the possibility of carrying out the necessary field work is admitted.
3.6.1.3. Flood hazard For the analysis of this variable, the maps of the National Emergency Commission (Comisión Nacional de Emergencias, CNE) must be used as the first reference. Secondly, the incidents that have been recorded by the CNE through the Municipal Emergency Committees (Comités Municipales de Emergencia, CME) of each local government must be included. Thirdly, endorsed technical studies that reflect the current reality of the territory regarding this variable must be incorporated, especially considering important and recent hydrometeorological events at the time of conducting the analysis. Fourthly, in order to improve the level of detail and the precision of the information so that the regulation does not generate impacts not aligned with reality, which is especially important in areas where a severe hazard condition has manifested, mapping and/or modeling and field verification may be carried out.
Regarding the use of contour lines for modeling, existing cartography may be used, where the best available level of detail should be sought. In case it is necessary to carry out work for the survey of contour lines, the following options may be considered: a) LIDAR technology. b) Photogrammetry with low-altitude flights. c) Field topography.
When conducting modeling and simulation of the flood hazard, both historical precipitation patterns, recurrence periods, and existing precipitation projections under different climate change scenarios must be considered.
In the case of floods with interaction in coastal zones, the available scenarios of projections (global or national) of mean sea level rise must also be considered.
To complete, improve, and detail the analysis of this variable, the possibility of carrying out the necessary field work is admitted.
3.6.1.4. Biotic cover (flora) For the analysis of this variable, the information from the SNIT and that of the Sistema de Monitoreo de la Cobertura y Uso de la Tierra y Ecosistemas (SIMOCUTE) must be used as the first reference; for the presence of wild species, Biodata (www.biodiversidad.go.cr) is suggested. As a complement to the above, a photointerpretation task must be carried out using Geographic Information Systems. To complete, improve, and detail the analysis of this variable, and for the verification of the presence of endangered species, reduced populations, or keystone species, the necessary field work will be required.
The information shall be classified as detailed in the following Table 1 of this Annex, contemplating classes and subclasses, in accordance with the land-use classification made in the SIMOCUTE.
For areas classified in the SIMOCUTE as "Not classifiable," code 7000, the proponent must carry out field work to be able to give them a classification in accordance with the details in the previous table. For the land use known as "Charral y tacotal" (Tacotal, (> 2 m in height). Charral, (< 2 m in height). Decree 41960-MAG-MINAE), it must be considered within "Other lands," it being necessary for the proponent to provide information if they consider it relevant for the analysis.
In defining the classes for the classification of the Biotic cover (flora), the SIMOCUTE has been taken as a reference, but adjustments have been made to the structure used. Therefore, the proponent must process the information and group it, detailing for the variable both the class and the subclass, as indicated in Table 1 of this Annex.
The information to be used must be the most updated possible at the time of conducting the analysis. Likewise, the analysis of this variable cannot be older than 5 years at the time the DAM is submitted to SETENA for analysis.
Table 1. Classification of biotic cover categories 3.6.1.5 Drought hazards This variable is relevant both in urban and coastal cantons, as it allows the identification of a potential water deficit based on the most updated climate scenarios, which could exist in a territory and condition future development to some extent.
For the analysis of this variable, different calculation methods and drought indicators available in the country may be used. To determine the location of meteorological droughts, the 10th percentile map of all rainy days of the year in Costa Rica (for the period 1970-2000), produced by MINAE in agreement with the Universidad de Costa Rica/CIGEFI, shall be used. To gain understanding of the long-term climatological conditions of the analysis location, the historical aridity index, both average and extreme, calculated for the entire country also by MINAE, shall be used. Other updated available information may also be used.
To complete, improve, and detail the analysis of this variable, the possibility of carrying out the necessary field work is admitted.
3.6.2. Conditional variables 3.6.2.1 Agroecological land-use capacity To determine the agroecological land-use capacity of the study area, the proponent must use the current official methodology, as indicated in Decree No. 41960-MAG-MINAE and its amendments. The proponent may use official land-use capacity maps established by the Ministry of Agriculture and Livestock (Ministerio de Agricultura y Ganadería). In the event that the official maps present scales less precise than the work scale indicated for the study area, the proponent must make adjustments to improve the data, using data collected in the field.
As part of the technical justification for not developing this variable, a document must be submitted to SETENA in the form of a sworn statement by the coordinator of the consulting team, stating that, in accordance with the result of the biotic cover (flora) and biodiversity variable, the territory consists of the "infrastructure" category, which implies that the study area is completely urbanized.
To complete, improve, and detail the analysis of this variable, the possibility of carrying out the necessary field work is admitted.
3.6.2.2. Susceptibility to mass movements For the analysis of this variable, the maps of the CNE must be used as the first reference. Secondly, the incidents that have been recorded by the CNE through the Municipal Emergency Committees of each local government must be included. Thirdly, endorsed technical studies that reflect the current reality of the territory regarding this variable must be incorporated, especially considering important and recent hydrometeorological events at the time of conducting the analysis. Fourthly, in order to improve the level of detail and the precision of the information so that the regulation does not generate impacts not aligned with reality, which is especially important in areas where a severe hazard condition has manifested, mapping and/or modeling and field verification may be carried out, applying established methodologies for the identification and mapping of this variable.
Regarding the use of contour lines for modeling, existing cartography may be used, where the best available level of detail should be sought. In case it is necessary to carry out work for the survey of contour lines, the following options may be considered: a) LIDAR technology. b) Photogrammetry with low-altitude flights. c) Field topography.
If this variable is not present in the territory, as part of the technical justification for not developing it, a document must be submitted to SETENA in the form of a sworn statement by the coordinator of the consulting team, stating that in the territory there is no susceptibility to mass movements as reported by the CNE, both in the hazard maps, the SNIT, and in the incident reports of the CME.
To complete, improve, and detail the analysis of this variable, the possibility of carrying out the necessary field work is admitted.
3.6.2.3. Volcanic hazard This variable is relevant only in territories where there is the presence of active volcanic processes and the cartographic information generated by the CNE, where some type of volcanic hazard has been identified, such as: lahars, eruptions, flows, and pyroclastic flows.
For the analysis of this variable, the maps of the CNE must be used as the first reference. Secondly, the incidents that have been recorded by the CNE through the Municipal Emergency Committees of each local government must be included. Thirdly, endorsed technical studies that reflect the current reality of the territory regarding this variable must be incorporated. Fourthly, in order to improve the level of detail and the precision of the information so that the regulation does not generate impacts not aligned with reality, which is especially important in areas where a severe hazard condition has manifested, mapping and/or modeling may be carried out, applying established methodologies for the identification and mapping of this variable.
Regarding the use of contour lines for modeling, existing cartography may be used, where the best level of detail available should be sought. If it is necessary to carry out work for the surveying of contour lines, the following options may be considered: a) LIDAR technology. b) Photogrammetry with low-altitude flights.
If this variable is not found in the territory, as part of the technical justification for not including it in the EIV A-POT, a document must be submitted to SETENA, in the form of a sworn statement (declaración jurada) by the coordinator of the consulting team, stating that no type of volcanic threat exists in the territory according to CNE information, both from its natural hazard maps and from the information uploaded to the SNIT, as well as from the incident reports held by the respective CME.
To complete, improve, and detail the analysis of this variable, the possibility of conducting the necessary field work is allowed.
3.6.2.4. Tsunami threat This variable is relevant only in coastal cantons, whether it involves a regulatory plan (plan regulador) for the Zona Marítimo Terrestre or an urban plan or other type of land-use planning instrument (instrumento de ordenamiento territorial) that includes these cantons; because, depending on the scenarios, the tsunami threat impact zone could exceed the 200 meters of the Zona Marítimo Terrestre.
For the analysis of this variable, the first reference to be used shall be the tsunami inundation and evacuation maps prepared through numerical modeling by SINAMOT-UNA and endorsed by CNE. If these maps do not exist, the second option is to use the results of numerical simulations of tsunami inundation. These simulations must be performed using numerical models that have been validated and verified according to Synolakis et al. (2008), and employing the worst-case scenarios for local and distant tsunamis defined in the scientific literature for that sector. Third, the tsunami inundation and evacuation maps by SINAMOT-UNA endorsed by CNE, prepared with a fixed elevation (cota fija), may be used. Fourth, the inundation area defined by SINAMOT-UNA may be used. This area is defined by a fixed elevation (cota fija), delimiting it with maximum inundation distances estimated for Costa Rica.
Regarding the use of contour lines for modeling, existing cartography may be used, where the best level of detail available should be sought. If it is necessary to carry out work for the surveying of contour lines, the following options may be considered: a) LIDAR technology.
- b)Photogrammetry with low-altitude flights.
- c)Field topography.
In this case, for cantons that do not have a coastline, it will not be necessary to present a technical justification for the non-inclusion of the variable in the EIVA-POT.
3.6.2.5. Biological corridors This variable is relevant only in territories where Biological Corridors declared by SINAC exist. The proponent must use official and updated SINAC information databases.
If this variable is not found in the territory, as a technical justification for not including it in the EIVA-POT, a document must be submitted to SETENA, in the form of a sworn statement (declaración jurada) by the coordinator of the consulting team, stating that, in accordance with the official SINAC layer for Biological Corridors available on the SNIT, there are none in the study area.
3.6.2.6. Mean sea level rise This variable is relevant only in coastal cantons, whether it involves a regulatory plan (plan regulador) for the Zona Marítimo Terrestre or an urban plan or other type of land-use planning instrument (instrumento de ordenamiento territorial) that includes these cantons; because, depending on the scenarios, the impact zone from mean sea level rise could exceed the 200 meters of the Zona Marítimo Terrestre.
For the analysis of this variable, global mean sea level rise data must be taken into account, as well as models that may be available at the national level.
Among the specialized information sources at the national level, data available from the Laboratorio de Oceanografía y Manejo Costero of the Universidad Nacional and the Centro de Investigación en Ciencias del Mar y Limnología (CIMAR), and at the Escuela de Geografía of the Universidad de Costa Rica can be consulted.
To complete, improve, and detail the analysis of this variable, the possibility of conducting the necessary field work is allowed.
3.6.3. Additional variables If deemed relevant for the EIVA-POT analysis, additional variables may be incorporated. In this case, the proponent will determine the variable's name, related to the topic of interest, and must generate the analysis by defining the environmental constraints (condicionantes ambientales) that the variable imposes on the study area. There is no limit to the number of additional variables that can be included in the EIVA-POT. These variables will depend on the availability of information and its relevance, as determined by the planning team.
3.7. Technical detail for the Environmental Assessment (Diagnóstico Ambiental) analysis This procedure is carried out considering the results for each of the DAM variables identified in the territory, incorporating new information corresponding to the "Current land use" (Uso actual de la tierra) and the "Legal constraints for development" (Condicionantes legales para el desarrollo), resulting primarily in the "Land-use modality" (Modalidad de uso de la tierra). Specific details on these components are detailed below.
3.7.1. Current land use (Uso actual de la tierra) This input must be generated based on the cartography resulting from the Biotic Cover (Cobertura Biótica) variable, specifically with the biotic cover category resulting from the "Class" column in Table 1. For anthropic uses termed "infrastructure," they must be reclassified according to the following uses: residential, commercial, industrial, and mixed. To provide the necessary detail for the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial), field work must be conducted.
3.7.2. Legal constraints for development (Condicionantes legales para el desarrollo) The proponent shall identify the legal restrictions on land use, for which consultations must be made with different state institutions to obtain the official cartography of restriction zoning and applicable legislation, in particular the protection of water bodies (rivers, springs (nacientes), lakes), Patrimonio Natural del Estado, Indigenous Territories, Historical-Architectural Heritage, and the Public Zone of the Zona Marítimo Terrestre, in the case of coastal regulatory plans. If there are no legal constraints (condicionantes legales) for the study area, the proponent must indicate their non-existence on the digital platform.
3.7.3. Land-use modality (Modalidad de uso de la tierra) The proponent must conduct an analysis to classify the compatibility between current land use and the environmental constraints (condicionantes ambientales) from the DAM and the legal constraints for development (condicionantes legales para el desarrollo) present in the study area, through the use of Geographic Information Systems (SIG), utilizing the cartography resulting from the mentioned parameters.
To generate the Land-use modality layer, the proponent must perform a GIS (SIG) analysis to classify the compatibility between current land use and each of the environmental constraints (condicionantes ambientales) and each of the legal constraints for development, considering the following:
- a)The cartographic layer of each general variable must be overlaid individually with the current land-use cartographic layer, taking into consideration the resulting environmental constraints (condicionantes ambientales), and shall identify the land-use modality (modalidad de uso de la tierra), according to the classification in Table 2.
- b)The cartographic layer of each conditional variable must be overlaid individually with the current land-use cartographic layer, taking into consideration the resulting environmental constraints (condicionantes ambientales), and shall identify the land-use modality (modalidad de uso de la tierra) according to the classification in Table 2.
- c)The cartographic layer of each additional variable must be overlaid individually with the current land-use cartographic layer, taking into consideration the resulting environmental constraints (condicionantes ambientales), and shall identify the land-use modality (modalidad de uso de la tierra) according to the classification in Table 2.
- d)The cartographic layer of the legal constraints for development must be overlaid individually with the current land-use cartographic layer, categorizing the land-use modality (modalidad de uso de la tierra), according to the classification in Table 2.
- e)The final result shall be a cartographic layer that includes, in the attribute table: the current land use, all the environmental constraints (condicionantes ambientales) of the general, conditional, and additional variables of the EIVA-POT, the legal constraints for development, and, finally, the classification of the land-use modality (modalidad de uso de la tierra).
Table 2. Classification of land-use modality categories 4. Summary of Complementary Information (RIC) 4.1. Objective of the RIC: The RIC aims to synthesize information on those relevant complementary aspects found during the development of the regulatory plan (plan regulador) or the land-use planning instrument (instrumento de ordenamiento territorial), regarding both observed trends and the effects of development pressures anticipated in the study area, which serves as a basis to support the decisions that will be included in the regulatory plan or land-use planning instrument, specifically in its zoning, to manage the environmental constraints (condicionantes ambientales) found.
4.2. Presentation of the RIC: The RIC shall be presented together with the IME and the DAM.
4.3. Content of the RIC: The information contained in this report shall come from a summary of the diagnostics and studies already conducted by the proponent, as part of the formulation of the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial) and the zoning proposal that has been formulated. Therefore, this report will detail only the relevant findings related to complementary anthropic elements not covered by the DAM, which SETENA must be aware of due to their impact on the definition of measures to manage the proposed environmental constraints (condicionantes ambientales), which will be related to the proposed zoning. The RIC must synthesize the following information:
4.3.1. Complementary information: relevant factors or aspects of the study area, not analyzed in the DAM, and the observed trends as well as the effects of the development pressures anticipated in the study area, that influenced the definition of measures to manage the environmental constraints (condicionantes ambientales). Among the factors that may be considered, aside from the possibility of including others, are the following topics:
- a)Population and urban growth.
- b)Low-density populations.
- c)Current and potential availability of basic public services, in accordance with applicable parameters and standards.
- d)Real estate development.
- e)Industrial development.
- f)Agricultural and livestock development.
- g)Economic development.
- h)Future public infrastructure projects with an impact on territorial development at the municipal or national level. For national projects, those registered in the Base de Proyectos de Inversión Pública of MIDEPLAN must be considered.
- i)Legal constraints (condicionantes legales) to the development of the study area.
- j)For each factor considered, the foregoing must be explained, detailing how that factor influenced the definition of measures to manage the environmental constraints (condicionantes ambientales). This input will allow SETENA to appropriately judge the measures defined for managing the environmental constraints (condicionantes ambientales).
4.3.2. Zoning: the zoning proposal formulated for the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial) must be submitted, and will be detailed as follows:
- a)Integrated zoning cartographic file: includes—for each zone of the final land-use zoning—the current land use, the environmental constraints (condicionantes ambientales) from the DAM, the land-use modality (modalidad de uso de la tierra) currently present, such as: compatible use (uso acorde), compatible use with potential (uso acorde con potencial), non-compatible use (uso no acorde), and the measures adopted to manage the identified environmental constraints (condicionantes ambientales).
- b)Cartographic file of land-use modality according to proposed zoning: must cross-reference the zoning with the environmental constraints (condicionantes ambientales) and legal constraints (condicionantes legales) to the development of the study area, to identify non-compatible uses (usos no acordes), compatible uses (usos acordes), and compatible uses with potential (usos acordes con potencial). For those cases where the non-compatible use cannot be corrected through the regulatory plan (plan regulador) or the land-use planning instrument (instrumento de ordenamiento territorial) proposal, the reasons must be explained.
4.4. RIC Results: The RIC must include in its results a description of anthropic elements that must be known by SETENA when analyzing the EIVA-POT, to have a broader context of the reality of the study area, beyond the specifically environmental aspects, and the implications they have had for defining the measures to manage the environmental constraints (condicionantes ambientales) identified in the DAM.
This input is for informational purposes; SETENA's review of the RIC does not imply approval of the zoning proposal for the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial), an attribution that corresponds to the competent institutions regulated by the Legal System (Ordenamiento Jurídico) for such purposes. Therefore, SETENA will endorse that the submitted zoning proposal, as well as the measures to manage the identified environmental constraints (condicionantes ambientales), are consistent with the DAM analysis.
4.5. Technical detail for the preparation of the RIC 4.5.1. Context: As part of the integral process of preparing a land-use planning instrument (instrumento de ordenamiento territorial), information emerges that transcends the environmental sphere but is of interest to be taken into account when analyzing the incorporation of the environmental variable in these instruments. This informational input for SETENA, the RIC, must be extracted from the most relevant findings of the territorial diagnosis and the zoning proposal that is formulated, which requires that the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial) proposal be completed in order to formulate the RIC.
4.5.2. Complementary Information: In this part of the EIVA-POT, the proponent must refer to those relevant findings, regarding both observed trends and the effects of development pressures that were considered in the study area, explaining how they influence the decision-making on the regulations of the regulatory plan (plan regulador) or land-use planning instruments (instrumentos de ordenamiento territorial) that have been defined.
Likewise, future public infrastructure projects with an impact on territorial development at the municipal or national level must be considered, according to the scale of the land-use planning instrument (instrumento de ordenamiento territorial). The type of project of interest is one that has the potential to change the current land-use modality (modalidad del uso actual de la tierra) to a new condition.
If there are projects that affect the land-use modality (modalidad de uso de la tierra), the proponent must describe them and analyze their effects on the study area on the digital platform. The proponent may provide additional information deemed relevant (documents in PDF format, tables, or cartographic files) to demonstrate what they consider SETENA should know.
This report allows SETENA to have greater elements to review the measures that were finally included in the regulatory plan (plan regulador) or land-use planning instruments (instrumentos de ordenamiento territorial) proposal, to manage the environmental constraints (condicionantes ambientales) in the study area. Thus, the proponent must include those anthropic elements that need to be explained to justify and technically support the measures they propose to adopt.
4.5.3. Zoning: After identifying the environmental constraints (condicionantes ambientales) in the DAM, the land-use modality (modalidad de uso de la tierra), the legal constraints (condicionantes legales), parameters considered within this methodology, and relevant elements for territorial planning, the proponent must create the zoning proposal for the study area.
To include the environmental variable in the land-use planning instrument (instrumento de ordenamiento territorial) proposal, the zoning must consider the results obtained in the "Land-use modality" (Modalidad de uso de la tierra) and comply with the following guidelines:
- a)For areas that are in "Compatible use" (Uso acorde), zoning must be proposed that maintains that land-use condition.
- b)For areas that are in "Compatible use with potential" (Uso acorde con potencial), zoning must be proposed that maintains that land-use condition or changes to a "Compatible use" (Uso acorde).
- c)For areas that are in "Non-compatible use" (Uso no acorde), zoning must be proposed that promotes "Compatible use" (Uso acorde) or, at a minimum, prevents that condition from worsening.
- d)The zoning must not promote or allow the creation of new "Non-compatible use" (Uso no acorde) conditions, unless it already exists and cannot be reversed.
This analysis must be similar to that detailed for the "Land-use modality" (Modalidad de uso de la tierra), but instead of using the "Current land use" layer, the proposed Zoning input and the regulations associated with each of the zones must be considered.
For zone classification, in the case of cantonal or coastal regulatory plans in the Zona Marítimo Terrestre, the proponent must consider what is established in the respective manuals of INVU and ICT, current at the time the land-use planning instrument (instrumento de ordenamiento territorial) is prepared. For other land-use planning instruments, zone categories must be used that are consistent with the scale of the instrument being developed.
All zones defined in the zoning must be described, including any additional or different category from those suggested by INVU and ICT that the proponent has defined.
4.5.3. Use modality according to proposed zoning An analysis of use modality according to the proposed zoning must be carried out, identifying the areas where non-compatible use (uso no acorde), compatible use (uso acorde), and compatible use with potential (uso acorde con potencial) would occur; this would result from analyzing the proposed zoning against the identified environmental constraints (condicionantes ambientales) and the legal constraints (condicionantes legales) present in the territory. The objective, when defining a zoning considering the integration of the environmental variable, must always be to minimize non-compatible use (uso no acorde), mitigating it when legally possible, and to promote compatible use (uso acorde) or compatible use with potential (uso acorde con potencial).
In the case of the Zona Marítimo Terrestre, by definition of Law No. 6043, the ZMT mostly has a tourism vocation (in accordance with its Article 27), in this sense, these sectors must be analyzed seeking to avoid a contradiction of non-conforming uses in the context of the tourism vocation given by the ZMT Law.
As a result of the analysis, the study area must be classified as indicated in Table 3 below:
Table 3. Classification of use condition categories according to the proposed zoning Note: The only legal restriction that will exist in the coastal zone would be the existence of Patrimonio Natural del Estado duly classified and certified by the competent entity, since PNE and ZMT do not coexist in the coastal zone.
5. Report on Measures to manage environmental conditions (IME) 5.1 Objective of the IME: The IME aims to verify that the measures to manage the environmental conditions present in the territory are included in the zoning and regulatory proposal of the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial).
5.2 Content of the IME: The IME shall be presented together with the RIC and the DAM. The IME must contain an explanatory document with the following aspects:
- a)According to the zones defined in the zoning proposal of the regulated plan (plan regulado) or land-use planning instrument (instrumento de ordenamiento territorial), the measures that were incorporated to manage the environmental conditions identified in the DAM. Both the conditional variables and the measures present for each zone must be detailed.
- b)The provisions of the regulatory proposal for the regulatory plan (plan regulador) or land-use planning instruments (instrumentos de ordenamiento territorial), where said measures were incorporated, indicating the regulations, articles, subsections, tables, or other specific content where said measures are embodied.
5.3. Guidelines for establishing IME measures: The definition of measures to manage the environmental constraints (condicionantes ambientales) must contemplate the variables intended to be managed and the land-use modality (modalidad de uso de la tierra), according to the results derived from the DAM. In accordance with these results, the following guidelines shall be followed for establishing the measures:
- a)For areas where the proposed zoning maintains the condition of "Current compatible use" (Uso acorde actual): the proponent must maintain this use modality and establish measures to manage the environmental constraints (condicionantes ambientales) to continue or improve the conditions of territorial use.
- b)For areas where the proposed zoning maintains the condition of "Current compatible use with potential" (Uso acorde con potencial actual): the proponent must establish measures to manage the environmental constraints (condicionantes ambientales) and maintain or improve the conditions of territorial use.
- c)For areas that are in "Current non-compatible use" (Uso no acorde actual) and it is possible to change this condition through the proposed zoning of the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial): the proponent must establish measures that promote "Compatible use" (Uso acorde) by correcting or improving the "Current non-compatible use" (Uso no acorde actual) condition.
- d)For areas that are in "Current non-compatible use" (Uso no acorde actual) and it is not possible to change this condition through the proposed zoning of the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial), in consideration of consolidated legal situations, which cannot be affected by a subsequent regulation: the proponent must contemplate measures to manage the environmental constraints (condicionantes ambientales) and seek to ensure that the "Current non-compatible use" (Uso no acorde actual) condition does not worsen.
- e)The legal constraints for development (condicionantes legales para el desarrollo) must be respected by the zoning of the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial).
- f)The zoning must not promote or allow the creation of new "Non-compatible use" (Uso no acorde) conditions; for this, both the definition of restrictions on land use and requirements regarding construction and urban development that allow managing the possible impact on the environment must be considered.
5.4. Conclusion of the IME: The IME will request that the environmental variable be considered incorporated into the proposal of the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial), which is a prerequisite for approval by the institution competent for it.
The IME, the proposed zoning in the RIC, and the resolution of the granted environmental variable must be submitted to INVU and other institutions competent in the approval process of land-use planning instruments (instrumentos de ordenamiento territorial), to be considered in the review and final approval of the corresponding regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial).
5.5. Technical detail for the preparation of the IME 5.5.1. Measures to manage environmental constraints (condicionantes ambientales): In this part of the EIVAPOT, the proponent must report all the measures defined in the proposed regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial) that will allow managing the environmental constraints (condicionantes ambientales) identified for the study area in the DAM, with special consideration given to risk management for the variables corresponding to the results of the threat variables. These measures include both those referring to use zoning and other rules, such as urban or constructive restrictions that may be defined, among which the use of nature-based solutions may be promoted, according to the legal scope of the land-use planning instrument (instrumento de ordenamiento territorial).
The proponent must refer, based on the final proposed zoning, to the measures adopted to manage each environmental constraint (condicionante ambiental) identified in the DAM, indicating the defined measure and specifically referring to the regulation and article where it is included; in the case of a regulatory plan (plan regulador), it refers to the urban development regulations it includes. Additionally, they may explain the existing relationship between different adopted measures or how the application of all the measures considered to manage the identified environmental constraint (condicionante ambiental) is envisioned.
5.5.2. General considerations on measures to manage environmental constraints (condicionantes ambientales): In defining the measures to manage the environmental constraints (condicionantes ambientales) identified in the DAM, which must be incorporated into the regulations of the regulatory plan (plan regulador) or land-use planning instrument (instrumento de ordenamiento territorial), the areas affected by the threat variables must be considered and not permit, in these areas, the construction of new infrastructure that implies the exposure of people to those threats or the creation of new anthropic risks, particularly health centers, educational centers, care centers for children and older adults, and establishments for the storage of hazardous materials.
Once the land-use planning instrument (instrumento de ordenamiento territorial) is approved and put into effect, the proponent must implement it and enforce it in all its scope.
Technical Procedure for the modification of the approved environmental variable in land-use plans (planes de ordenamiento territorial): Modifications to EIVA-POTs In accordance with the provisions of this Regulation, when variations are made to the EIVA-POTs with environmental viability (viabilidad ambiental) during the approval process of the corresponding POT proposal, the proponent must process a modification of the already granted environmental viability (viabilidad ambiental), regardless of whether they used the methodological alternative of Annex 1 or Annex 2 of this Regulation. Additionally, when a POT with environmental viability (viabilidad ambiental) that is already in force requires changes, whether due to updates, minor adjustments, or substantive modifications, it must also process a modification of the already granted environmental viability (viabilidad ambiental), even if its environmental viability (viabilidad ambiental) predates this Regulation.
From the administrative point of view, the procedure shall be processed as part of the administrative file (expediente administrativo) that already exists at SETENA and whose studies have environmental viability (viabilidad ambiental). The proponent must make an assessment to identify in which of the following procedure categories in Table No. 1 of this Annex their proposed modification is contextualized. To do this, they must consider the changes in the data of the variables that are part of the IFA or the DAM and the impact that the changes have on the measures to manage the environmental guidelines.
(Thus amended the previous paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) The proponent must submit the following documentation through the EIVA-POT digital processing system:
a. A formal document indicating the Type of Modification in which they identify their procedure (according to Table No. 1 of this Annex), endorsing and submitting the technical information regarding the adjustment to the environmental viability (viabilidad ambiental) granted to the POT in question, for analysis by SETENA; it must also verify if the previously indicated means for receiving notifications remain current or, failing that, update them; likewise, previously verify if there is a delegation from the legitimate party and update accordingly.
Table No. 1 Scenarios applicable for making changes to the environmental viability b. Environmental liability clause (Claúsula de responsabilidad ambiental) of the planning team involved in the EIVA-POT modification process.
c-1 For Type 3 and Type 4 Modifications: corresponding documentation that allows verifying the scope of the proposed modifications, according to the type of modification identified using Table No. 1 of this Annex.
c-2. For Type 1 and Type 2 Modifications: technical studies for the proposed modification according to the type of modification identified using Table No. 1 of this Annex.
The technical studies referred to in point "c-2" above shall take the following into consideration:
- 1)If more detailed or updated technical information is available on the current condition of the territory than what was provided for the environmental viability (viabilidad ambiental), this must be included as a section in the technical report.
- 2)Digital cartography, submit a single shapefile with the following attributes:
- i)Results of the IFA or the DAM as applicable (whether the environmental viability (viabilidad ambiental) was obtained prior to the entry into force of this Regulation, or in application of Annex 1 or its Annex) ii) Current land use or, failing that, if the POT is already in force, the current zoning, iii) Environmental Condition (whether of current use or current zoning) iv) Modified zoning 3) Contrast the previous information according to the contents of Tables No. 2 and No. 3 of this Annex:
Table No. 2. Environmental Conditions according to the Environmental Viability (Viabilidad Ambiental) granted Table No. 3. Current Environmental Conditions of the Territory Within a maximum of 1 year from the publication of this decree, Annex 3 will be updated, in accordance with the regulatory requirements developed on the digital platform.
File article
Guides for the presentation of environmental studies for EIVA-POT 1. Guide for the presentation of environmental studies for EIVA-POT, in accordance with Annex 1.
1.1. Requirements to implement for the presentation of the Study for the Incorporation of the Environmental Variable.
There are some important requirements and guidelines to follow in the presentation of the EIVAPOT, detailed below:
a. The "liability clause (cláusula de responsabilidad)" signed by each pertinent professional must be presented; digital signatures must comply with Law No. 8454 and its amendments.
b. Each of the FITE must be presented as indicated in point 1.5 of Annex 1 of this Regulation.
c. Each of the products specified in Annex 1 of this Regulation must be presented.
d. The cartographic files to be presented, without exception, must comply with the technical geographic information standards of Costa Rica, issued by the IGN (including metadata whose template has been generated by SETENA).
e. In the case of the presentation of rectifications (subsanes), it must be considered that only a response document must be submitted, and if applicable, it must be accompanied by the corresponding cartography.
1.2. Presentation on the SETENA digital platform It should be noted that this section is provisional, on the understanding that its application depends on the entry into force of the reception of EIVA-POT through the SETENA digital platform. That is, once it is possible to present EIVA-POT on the SETENA digital platform, the respective User Guide will be published through SETENA's official channels, and EIVA-POT will no longer be received through the SETENA digital platform.
Everything required in the Guide regarding documents, tables, and cartographic files must be fulfilled, sending them through the SETENA digital platform. Below, some specific clarifications are made to proceed with the presentation of the EIVA-POT through this platform.
1.2.1. Admissibility (Admisibilidad) The inputs referring to admissibility (admisibilidad) will be presented compressed in "*.zip" format, named "Admisibilidadanexo1.zip", and will be attached on the SETENA digital platform.
The admissibility (admisibilidad) templates will be posted on the SETENA digital platform for download and must be included in the submission of the "Admisibilidadanexo1.zip" documents.
1.2.2. Technical Documents The inputs referring to technical documents will be presented compressed in "zip" format, named "DTanexo1.zip", and will be attached on the SETENA digital platform.
The templates for the technical documents will be posted on the SETENA digital platform for download and must be included in the submission of the "DTanexo1.zip" documents.
1.3. Admissibility (Admisibilidad) The windows of the digital platform will be structured as follows:
o General data of the proponent of the submitted study.
o Fill in on the digital platform.
o Municipal Agreement or analogous document of the proponent legitimated for the presentation of studies before SETENA and request for review to opt for the Environmental Viability (License) (Viabilidad (Licencia) Ambiental).
o Download template o Fill in template and upload digitally signed document.
o Municipal Agreement or analogous document of the legitimated party indicating the delegation of the review process by SETENA to a third party. The personal details must be indicated, as well as the email where they wish to receive notifications. This requirement is optional.
o Download template o Fill in template and upload digitally signed document.
o Professional liability clauses (Cláusulas de responsabilidades profesionales):
o Download template o Fill in template and upload digitally signed document.
1.4. Technical Studies The windows of the digital platform will be structured as follows:
o Study area.
o Upload "AE.shp" cartographic file o Product 1: Cartography of the Geological I FA o Upload "FITEproducto1.pdf" document o Upload "Producto1.shp" cartographic file o Product 2: Cartography of the Biological !FA o Upload "FlTEproducto2.pdf" document o Upload "Producto2.shp" cartographic file o Product 3: Cartography of the Edaphological Aspects !FA o Upload "FITEproducto3.pdf" document o Upload "Producto3.shp" cartographic file o Product 4: Cartography of the I FA of the effects of climate change o Upload "FITEproducto4.pclf" document o Upload "Producto4.shp" cartographic file o Product 5: Cartography of the current environmental overuse IFA o Upload "FITEproducto5.pdf" document o Upload "producto5.shp" cartographic file o Product 6: PRAI o Upload "FITEproducto6.pdf" document o Product 7: Synthesis Matrix (Matriz Síntesis) o Upload "FITEproducto7.pdf" document 1.4.1 Study area The proponent must present a cartographic file named "AE.sph", presenting the polygon that delimits the total study area. The attribute table of the "SE.shp" must include the following attributes:
1.4.2. Technical Studies 1.4.2.1. Geological IFA The "FITEproducto1.pdf" document refers to the FITE of the Geological IFA, which includes the table of technical constraints and potentials and the certainty assessment according to the data in Table No. 2 of Annex 1 of this Regulation.
The "Producto1.shp" file refers to the cartography of the Geological IFA in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, which will be prepared as a product of points 3.1 to 3.5 of Annex 1 of this Regulation.
1.4.2.2. Biological IFA The "FITEproducto2.pdf" document refers to the FITE of the Biological IFA, which includes the table of technical constraints and potentials.
The "Producto2.shp" file refers to the cartography of the Biological IFA in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, which will be prepared as a product of points 4.4.1 to 4.4.7 of Annex 1 of this Regulation.
1.4.2.3. IFA Edaphological Aspects The "FlTEproducto3.pdf" document refers to the FITE of the IFA Edaphological Aspects, which includes the table of technical constraints and potentials.
The "Producto3.shp" file refers to the cartography of the IFA Edaphological Aspects in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, which will be prepared as a product of points 5.1 to 5.7 of Annex 1 of this Regulation.
1.4.2.4. Cartography of the IFA of the effects of climate change The "FITEproducto4.pdf" document refers to the FITE of the IFA cartography effects of climate change that is identified and the FITE that presents the table of technical constraints and potentials.
The "Producto4.shp" file refers to the IFA cartography effects of climate change in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, which will be prepared as a product of points 6.1 and 6.2 of Annex 1 of this Regulation.
1.4.2.5. Cartography of current environmental overuse The "FITEproducto5.pdf" document refers to the FITE of the cartography of current environmental overuse and the FITE that presents the table of technical constraints and potentials.
The "Producto5.shp" file refers to the cartography of current environmental overuse in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, which will be prepared as a product of points 7.1 to 7.4 of Annex 1 of this Regulation.
1.4.2.6. PRAI The "FITEproducto6.pdf" document refers to the PRAI (prepared in accordance with points 8.1 and 8.2) and its FITE.
1.4.2.7. Synthesis Matrix (Matriz Síntesis) The "FITEproducto7.pdf" document refers to the Synthesis Matrix (prepared in accordance with points 9.1 to 9.7) and its FITE.
2. Guide for the presentation of environmental studies for EIVA-POT, in accordance with Annex 2.
2.1. Requirements to implement for the presentation of the Study for the Incorporation of the Environmental Variable.
There are some important requirements and guidelines to follow in the presentation of the EIVAPOT, detailed below:
a. The "liability clause (cláusula de responsabilidad)" signed by each pertinent professional must be presented; digital signatures must comply with Law No. 8454 and its amendments.
b. For the use of inputs from other authors, outside the planning team, the respective bibliographic citations must be made.
c. With the objective of standardizing and harmonizing the quality of the technical documents for each of the reports to be presented, the content of the report will be as follows:
i. Cover page ii. Table of contents iii. Methodology 1. Methodological description 2. Development of the methodology with the results obtained iv. Technical conclusions v. Discussion on the degrees of certainty and scope of the study.
vi. Bibliographic references vii. Annexes d. The cartographic files to be presented, without exception, must comply with the technical geographic information standards of Costa Rica, issued by the IGN.
e. The cartographic files must contain at least the following extensions: *.shp, *.shx, *.dbf, and .prj; in the case of using open-source software, they must include the *.gpj and *.cpg extensions. The thematic layers must be encoded in UTF-8 (Quantum format).
f. The presentation of metadata using the template established by the IGN will be required; in said template, either in the "Summary" or "Legal Restrictions" section, the proponent must state whether they authorize SETENA to publish the cartographic information under the WMS Geoservices format, in the SETENA node within the SNIT. In the case of not authorizing SETENA to publish said information in the SNIT, the proponent may indicate in the IGN metadata template, in the "Summary" or "Legal Restrictions" sections, on which digital platform the cartographic information will be available for public consultation and under what format.
g. The metadata must be attached to each cartographic file, using the template established by the IGN, in *.xml format and in *.pdf or text file.
h. The content in the data type space in the attribute table, when it is text, must be summarized and concrete as much as possible. And the column name text must be in uppercase letters, without special characters, and without spaces between words.
i. The spatial entities of the cartography must respect the work scale corresponding to the POT.
j. In the event that, as part of the support information for the preparation of the DAM cartography and the RIC, thematic maps presented at other scales are used, and there are no other alternatives for using that information at the required work scale, it must be expressly indicated in the annex (whether of the DAM or the RIC), also including an explanation about the uncertainties and technical limitations derived from that fact.
k. The minimum mapping unit (UMC) for the entities represented in the cartography must be presented according to the work scales indicated above.
l. All cartographic files must comply, at a minimum, with the following basic topology guidelines:
i. For cases where the cartography theme represents 100% of the coverage of the study area, adjacent polygons must not form spaces between them or overlap.
ii. Two polygons with identical geometry and attributes cannot occupy the same space.
iii. The vertices of the lines delimiting a polygon must close correctly.
iv. For the correction and validation of Topological Rules for geometries, use as input the "Guide for the Topological Validation of the Geometry of Vector Elements", prepared by CENIGA/SINIA.
m. In the case of the presentation of rectifications (subsanes), a document must be presented according to the variable or report, indicating after the document title for each of these the version to which it corresponds, adding as a suffix "_v02" if it is the second version submitted to SETENA, "_v03" if it is the third version submitted, and so on successively.
(Thus amended the preceding paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) 2.2. Presentation on the SETENA digital platform 2.2.1. Admissibility (Admisibilidad) and Environmental Diagnosis (Diagnóstico Ambiental) The inputs referring to admissibility (admisibilidad) and DAM will be presented compressed in "*.zip" format, named "Admisibilidad.zip" and "DAM.zip", respectively, and will be attached on the SETENA digital platform.
The templates mentioned in each of the sections will be posted on the SETENA digital platform for download and must be included in the submission of the "Admisibilidad.zip" and "DAM.zip" documents, as appropriate.
(Thus amended the preceding paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) 2.2.2. Summary of Complementary Information (Resumen de Información Complementaria) and Report on Measures to Manage Environmental Conditions (Informe de Medidas para Gestionar las Condicionantes Ambientales) The inputs referring to the RIC and IME sections, named "RIC.zip" and "IME.zip", respectively, will be presented and attached on the SETENA digital platform.
The templates mentioned in each of the sections will be posted on the SETENA digital platform for download and must be included in the submission of the "RIC.zip" and "IME.zip" documents, as appropriate.
2.3. Admissibility (Admisibilidad) The windows of the digital platform will be structured as follows:
o General data of the proponent of the submitted study.
o Fill in on the digital platform.
o Municipal Agreement or analogous document of the proponent legitimated for the presentation of studies before SETENA and request for review to opt for the Environmental Viability (License) (Viabilidad (Licencia) Ambiental).
o Download template o Fill in template and upload digitally signed document.
o Municipal Agreement or analogous document of the legitimated party indicating the delegation of the review process by SETENA to a third party. The personal details must be indicated, as well as the email where they wish to receive notifications. This requirement is optional.
o Download template o Fill in template and upload digitally signed document.
o Professional liability clauses (Cláusulas de responsabilidades profesionales):
o Download template o Fill in template and upload digitally signed document.
2.4. Environmental Diagnosis (Diagnóstico Ambiental) The windows of the digital platform will be structured as follows:
o Study area.
o Upload "AE.shp" cartographic file o General variables:
o Aquifer vulnerability to contamination o Upload "VAC.pdf" document o Upload "VAC.shp" cartographic file o Aquifer recharge o Upload "RA.pdf" document o Upload "RA.shp" cartographic file o Flood hazard (amenaza de inundación) o Upload "AI.pdf" document o Upload "Al.shp" cartographic file o Flora cover (biotic) and biodiversity o Upload "CB.pdf" document o Upload "CB.shp" cartographic file o Drought hazard (amenaza de sequías) o Upload "AS.pdf" document o Upload "AS.shp" cartographic file o Conditional variables:
o Agroecological land use capability o Upload "CUTA.pdf" document o Upload "CUTA.shp" cartographic file o Susceptibility to mass movements o Upload "SMM.pdf" document o Upload "SMM.shp" cartographic file o Volcanic hazard (amenaza volcánica) o Upload "AV.pdf" document o Upload "AV.shp" cartographic file o Tsunami hazards (amenazas de tsunami) o Upload "AT.pdf" document o Upload "AT.shp" cartographic file o Biological corridors (corredores biológicos) o Upload "CRB.shp" cartographic file (*)(Thus amended the preceding item by Article 1 of Executive Decree No. 44901 of January 28, 2025) o Upload "CRB.pdf" document.
(*)(Thus added the preceding item by Article 1 of Executive Decree No. 44901 of January 28, 2025) o Mean sea level rise o Upload "ANMM.pdf" document o Upload "ANMM.shp" cartographic file o Additional variables:
o Others2 2On the digital platform, the entry of the additional variables that the proponent needs to incorporate will be programmed.
o Upload document o Upload cartographic file o Environmental Diagnosis Analysis:
o Current land use o Upload "UAT.shp" cartographic file o Legal constraints for development o Upload "CLD.pdf" document o Upload "CLD.shp" cartographic file o Land use modality o Upload "MUT.shp" cartographic file Upon finishing uploading and filling in the aforementioned, an expediente number corresponding to the EIVA-POT process of the land-use planning instrument in question will be generated.
2.4.1 Study area The proponent must present a cartographic file named "AE.shp", presenting the polygon that delimits the total study area. The attribute table of the "AE.shp" must include the following attributes:
Table 1: Description of the attributes to be used for the cartographic file Named "AE.shp" (Corrected the number of the previous table by Fe de Erratas published in Digital Supplement No. 21 to La Gaceta No. 31 of February 17, 2025, page No. 2. Previously it indicated: "Table No. 2") 2.4.2 General variables 2.4.2.1 Aquifer vulnerability to contamination In the "VAC.pdf" document, the information sources used for the analysis, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must generate a single cartographic file, named "VAC.shp", whose attribute table must possess the resulting information on environmental conditions that the variable imposes on territorial development, as indicated in Table 2. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "VAC.pdf" document.
Table 2: Description of the attributes to be used for the cartographic file in "VAC.shp" Format (Corrected the number of the previous table by Fe de Erratas published in Digital Supplement No. 21 to La Gaceta No. 31 of February 17, 2025, page No. 2. Previously it indicated: "Table No. 3") 2.4.2.2 Aquifer recharge In the "RA.pdf" document, the information sources used for the analysis, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "RA.shp", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 3. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "RA.pdf" document.
(Thus amended the preceding paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) Table 3: Description of the attributes to be used for the cartographic file in "RA.shp" Format (Corrected the number of the previous table by Fe de Erratas published in Digital Supplement No. 21 to La Gaceta No. 31 of February 17, 2025, page No. 2. Previously it indicated: "Table No. 4") 2.4.2.3 Flood hazard (amenaza de inundación) In the "AI.pdf" document, the information sources, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "AI.pdf", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 4. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "AI.pdf" document.
Table 4: Description of the attributes to be used for the cartographic file in "AI.shp" Format (Corrected the number of the previous table by Fe de Erratas published in Digital Supplement No. 21 to La Gaceta No. 31 of February 17, 2025, page No. 2. Previously it indicated: "Table No. 5") 2.4.2.4a Flora cover (biotic) In the "CB.pdf" document, the information sources used, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "CB.shp", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 5. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "CB.pdf" document.
(Thus amended the preceding paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) Table 5: Description of the attributes to be used for the cartographic file in "CB.shp" Format (Corrected the number of the previous table by Fe de Erratas published in Digital Supplement No. 21 to La Gaceta No. 31 of February 17, 2025, page No. 2. Previously it indicated: "Table No. 6") (*) 2.4.2.4.b Biodiversity": "In the "BIO.pdf" document, the information sources used, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "BIO.shp", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development.
Table 6: Description of the attributes to be used for the cartographic file in "BIO.shp" format.
(*)(Thus added the preceding point 2.4.2.4.b) by Article 1 of Executive Decree No. 44901 of January 28, 2025. Although the numbering does not correspond, from the analysis it is deduced that it is to the previous point) 2.4.2.5 Drought hazards (amenazas de sequías) In the "AS.pdf" document, the information sources used, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "AS.shp", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 7. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "AS.pdf" document.
Table 7: Description of the attributes to be used for the cartographic file in "AS.shp" format 2.4.3 Conditional variables 2.4.3.1 Agroecological land use capability In the "CUTA.pdf" document, the information sources used, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file named "CUTA.shp", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 8. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "CUTA.pdf" document.
(Thus amended the preceding paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) Table 8: Description of the attributes to be used for the cartographic file in "CUTA.shp" Format 2.4.3.2 Susceptibility to mass movements In the "SMM.pdf" document, the information sources used, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "SMM.shp", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 9. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "SMM.pdf" document.
Table 9: Description of the attributes to be used for the cartographic file in "SMM.shp" Format 2.4.3.3. Volcanic hazards (amenazas volcánicas) In the "AV.pdf" document, the information sources used, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "AV.shp", whose attribute table must possess the resulting information, detailing the type of volcanic hazard (amenaza volcánica) identified and the environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 10. It should be noted that the attribute table will present an analysis of the result. If any type of explanation is needed, provide it in the "AV.pdf" document.
Table 10: Description of the attributes to be used for the cartographic file in "AV.shp" Format 2.4.3.4 Tsunami hazard (amenaza de tsunamis) In the "AT.pdf" document, the information sources used, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "AT.shp", whose attribute table must possess the resulting information and the environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 11. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "AT.pdf" document.
Table 11: Description of the attributes to be used for the cartographic file in "AT.shp" Format 2.4.3.5 Biological corridors (corredores biológicos) Based on the query made to the SNIT corresponding to the official layer for this variable, the proponent must present a single cartographic file, named "CRB.shp", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 12. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in an annexed document that must be named "CRB.pdf".
Table 12: Description of the attributes to be used for the cartographic file in "CRB.shp" Format (Corrected the number of the previous table by Fe de Erratas published in Digital Supplement No. 21 to La Gaceta No. 31 of February 17, 2025, page No. 2. Previously it indicated: "Table No. 72") 2.4.3.6. Mean sea level rise In the "ANMM.pdf" document, the information sources used, the application of the methodology, and the result obtained must be detailed. Based on the analysis corresponding to this variable, the proponent must present a single cartographic file, named "ANMM.shp", whose attribute table must possess the resulting information on environmental conditions (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 13. It should be noted that the attribute table will present a synthesis of the result. If any type of explanation is needed, provide it in the "ANMM.pdf" document.
Table 13: Description of the attributes to be used for the cartographic file in "ANMM.shp" Format (Corrected the number of the previous table by Fe de Erratas published in Digital Supplement No. 21 to La Gaceta No. 31 of February 17, 2025, page No. 2. Previously it indicated: "Table No. 83") 2.4.4 Additional variables If they consider other variables relevant for the EIVA-POT analysis, the proponent may generate an analysis of their conditions in the study area, doing so individually, that is, one analysis for each additional variable incorporated.
A document must be presented for each additional variable; it must detail the information sources used, the methodological application, and the result obtained for each of the additional variables. This document will be named with the first three consonant letters of the name of the environmental variable, which must not coincide with the document name of any other previous variable, choosing, if necessary, the letter following the third already included consonant as the fourth letter. This file will be presented in PDF format.
(Thus amended the preceding paragraph by Article 1 of Executive Decree No. 44901 of January 28, 2025) Based on the analysis corresponding to this variable, the proponent must submit a single cartographic file, named with the first three consonant letters of the environmental variable's name, which must not coincide with the name of the cartographic file of any previous variable, choosing, if necessary, the letter following the third consonant already included as the fourth letter. The attribute table must contain the resulting information on environmental constraints (condicionantes ambientales) that the variable imposes on territorial development, as indicated in Table 14. It should be noted that the attribute table will present a summary of the result. If any explanation is needed, it should be provided in the annex document referred to in the previous paragraph.
Table 14: Description of the attributes to be used for the cartographic file in "OTS.shp" format.
(Corrected the number of the previous table by means of Fe de Erratas and published in Alcance Digital N° 21 to La Gaceta N° 31 of February 17, 2025, page N° 2. Previously it stated: "Table N° 94") (Thus amended Table 14) above by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025 3 The acronyms used in this attribute must coincide with the three consonant letters of the environmental variable's name and also with the name of the cartographic file.
2.5 Diagnosis of the Environmental Assessment (Diagnóstico Ambiental) Once the analyses of the variables are completed, an integrated analysis of the results will be conducted. The methodology for this analysis includes the generation of three cartographic files that show the current situation of the study area and allow for the identification of land-use conflicts with the identified environmental and legal constraints (condicionantes), information that will be used to define the measures to manage environmental constraints in the territorial planning instrument (instrumento de ordenamiento territorial).
The details for the submission of the cartographic files that make up the Diagnosis of the Environmental Assessment (DAM) are presented below.
2.5.1 Current land use The proponent must submit a single cartographic file, named "UTA.shp", whose attribute table must contain the resulting information, as indicated in Table 15. In the case of coastal sectors where there is a plan that has served as the basis for granting concessions, and a new plan is intended to be developed in this sector, the current land use (uso actual del suelo) must be considered as the use already established in the zoning (zonificación) in force at that time.
Table 15: Description of the attributes for the cartographic file "UAT.shp" (Corrected the number of the previous table by means of Fe de Erratas and published in Alcance Digital N° 21 to La Gaceta N° 31 of February 17, 2025, page N° 2. Previously it stated: "Table N° 105") (Thus amended Table 15) above by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) 2.5.2 Legal constraints for development The proponent must prepare a cartographic file representing the legal constraints for development (condicionantes legales para el desarrollo) within the study area. The file must be named "CLD.shp"; the file's attribute table must comply with the guidelines set out in Table 16.
Table 16: Description of the attributes for the cartographic file "CLD.shp" (Corrected the number of the previous table by means of Fe de Erratas and published in Alcance Digital N° 21 to La Gaceta N° 31 of February 17, 2025, page N° 2. Previously it stated: "Table N° 116") (Thus amended Table 16) above by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) The name of each CLD code must be composed of the initials CLD, followed by a consecutive number from the previous one. For example, CLD-1, CLD-2, CLD (n+1).
For each CLD code described in Table 17, there must be at least one polygon represented in the cartographic file "CLD-shp". That table must be presented in the document "CLD.pdf" uploaded to the digital platform and shall have the following format:
Table 17: CLD-Legal constraints for development (Condicionantes legales para el desarrollo) (Corrected the number of the previous table by means of Fe de Erratas and published in Alcance Digital N° 21 to La Gaceta N° 31 of February 17, 2025, page N° 2. Previously it stated: "Table N° 127") In the above table, the proponent must indicate the alphanumeric codes for each group of legal constraints for development. One or more zones may use the same code, provided they have the same legal constraints.
The "CLD.shp" file may be composed of overlapping polygons in cases where the "CLD" attribute differs between two or more overlapping polygons. The reason is that the same geographic area may share different legal use constraints or restrictions, for example: a geographic space that shares use restrictions for the protection of a spring (naciente) and simultaneously part of that area presents a use restriction because it is located in indigenous territories, among other possible cases.
2.5.3 Land-use modality (modalidad de uso de la tierra) The proponent must prepare a cartographic file representing the results of the analysis, named "MUT.shp", whose attribute table must comply with the following guidelines presented in Table 18.
Table 18: Description of the attributes to be used for the cartographic file named "MUT.shp" (Corrected the number of the previous table by means of Fe de Erratas and published in Alcance Digital N° 21 to La Gaceta N° 31 of February 17, 2025, page N° 2. Previously it stated: "Table N° 138") (Thus amended Table 18) above by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) 2.6 Summary of Complementary Information (Resumen de Información Complementaria) The windows of the digital platform will be structured as follows:
o Indicate the expediente number corresponding to the EIVA-POT of the territorial planning instrument in question.
o Fill in on the digital platform.
o Complementary information (Información complementaria):
o Upload document "RIC.pdf" o Zoning (Zonificación):
o Upload document "ZPro.pdf" o Upload cartographic file "ZPro.shp" o Upload cartographic file "MUZPro.shp" Once the above is finished uploading, the corresponding IME will be requested.
2.6.1 Complementary information The Summary of Complementary Information must be submitted in a document called "RIC.pdf".
Regarding future public infrastructure projects, the proponent shall describe the elements analyzed and the conclusions thereof.
The above must be presented according to Table 19; the proponent must list the projects considered, assigning them a unique code, a description, the responsible organization that would execute it, and the effects or impacts that the project will generate on the study area.
The name of each PIPF Code must be composed of the initials "PIOF", followed by a hyphen and a consecutive number from the previous one; for example: PIPF-1, PIPF-2, PIPF-(n+1) according to the total number of projects that must be reported.
Table 19: Relevant future public infrastructure projects (Proyectos de infraestructura pública futura).
2.6.2 Zoning The proponent shall deliver two cartographic files related to the zoning of the regulatory plan (plan regulador) proposal or territorial planning instrument. The first file shall be the proposed zoning (zonificación propuesta) and must be represented in a cartographic file named "ZPro.shp", whose attribute table must comply with the following guidelines:
Table 20: Description of the attributes for the cartographic file named "ZPro.shp" (Thus amended Table 20) above by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) For the column corresponding to the ZPro attribute, the alphabetical codes to identify the proposed zonings must be described in the document "ZPro.pdf".
Based on the results of the environmental constraints (condicionantes ambientales) obtained in the DAM, alphabetical codes must be generated and incorporated into the cartographic file "ZPro.shp" as applicable, as indicated in the Table, which will be related to the information that must be filled in on the digital platform. The guidelines that this coding must comply with are presented below:
a. The name of each CA code must be composed of the initials CA, followed by a consecutive number from the previous one. For example: CA-1, CA-2, CA(n+1).
b. In the cartographic file "ZPro.shp", environmental conditions must not be described explicitly. Only the code used to indicate the environmental constraint or the grouping of constraints present for the corresponding area in the proposed zoning must be indicated.
c. Each polygon identified in the cartographic file "ZPro.shp" must have only one CA code, as detailed in Table 21 of this annex. One or more polygons identified in the CA column of the cartographic file "ZPro.shp" may have the same CA code.
d. Each CA code described in Table 21 must have at least one polygon represented in the cartographic file "ZPro.shp". That table must be presented in the annex document "RIC.pdf" uploaded to the digital platform and shall have the following format:
Table 21: CA-Environmental constraints for the Proposed Zoning (Condicionantes Ambientales para la Zonificación Propuesta) (Corrected the number of the previous table by means of Fe de Erratas and published in Alcance Digital N° 21 to La Gaceta N° 31 of February 17, 2025, page N° 2. Previously it stated: "Table N° 141") In the above table, the proponent must indicate the corresponding alphanumeric codes for both individual environmental constraints and groups of environmental constraints present in the same area. One or more zones may use the same code provided they have the same environmental constraints.
The second file to be delivered shall represent the land-use modality according to the proposed zoning. The file must be named "MUZPro.shp". The file's attribute table must comply with the guidelines set out below:
Table 22: Description of the attributes for the cartographic file "MUZPro.shp" (Corrected the number of the previous table by means of Fe de Erratas and published in Alcance Digital N° 21 to La Gaceta N° 31 of February 17, 2025, page N° 2. Previously it stated: "Table N° 152") (Thus amended Table 22) above by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) Based on the "MUZPro.shp" file, an analysis of land-use modality according to the proposed zoning must be conducted; the proponent must detail the result of "Concordant Use" (Uso acorde), "Concordant Use with Potential" (Uso acorde con potencial), or "Non-Concordant Use" (Uso no acorde) that would be obtained by applying the proposed zoning. Likewise, it must detail those cases where the result is "Non-Concordant Use", where it would not be possible to modify the current "Non-Concordant Use" condition identified in the DAM through the proposed zoning and the associated regulations; this must be done following the format of the following table:
Table 23: Summary of relevant cases of the use modality of the proposed zoning (Corrected the number of the previous table by means of Fe de Erratas and published in Alcance Digital N° 21 to La Gaceta N° 31 of February 17, 2025, page N° 2. Previously it stated: "Table N° 163") In Table 23, the proponent must indicate with a number the identifier of the specific area, the current land use, the environmental and legal conditions present in the specific area for which measures could not be established to change the use modality to "Concordant Use" or "Concordant Use with Potential", and the summary of the case analysis, with the corresponding explanations justifying that impossibility of change. The data to be placed in the columns "Area id.", "Environmental constraints", and "Legal constraints" must maintain a relationship with each other. This table must be presented as part of the annex document "IREPZ.pdf", which is uploaded to the digital platform.
2.7 Report on Measures to Manage Environmental Constraints (Informe de Medidas para gestionar condicionantes ambientales).
The windows of the digital platform will be structured as follows:
o Measures to manage environmental conditions (Medidas para gestionar las condiciones ambientales):
o Upload document "IME.pdf" Once the above is finished uploading, a correspondence consecutive number related to the EIVA-POT process for the territorial planning instrument in question will be generated.
2.7.1. Measures to manage environmental constraints An explanatory text must be submitted indicating which measures were incorporated into the regulatory plan proposal or territorial planning instrument to manage the environmental constraints identified in the DAM, in a document called "IME.pdf". These measures must reference, for each environmental constraint found in the study area, the specific regulation (document, regulation, article; in the case of a regulatory plan, this refers to the urban development regulations it includes) defined in the regulatory plan or territorial planning instrument to manage it.
The measures incorporated in the cartographic file "ZPro.shp" must be identified with an alphanumeric code, which will be related to what is indicated in the document "ZPro.pdf" with the information that must be filled in on the digital platform, as detailed below:
a. The name of each MGCA code must be composed of the initials MGCA, followed by a hyphen and a consecutive number from the previous one. For example: MGCA-1, MGCA-2 ... MGCA-(n+ 1).
b. In the cartographic file "ZPro.shp", measures must not be described explicitly. Only the codes used to group the corresponding measures must be indicated.
c. Each polygon identified in the cartographic file "ZPro.shp" detailed in Table 24 of this annex must have only one MGCA code. One or more polygons identified in the MGCA column of the cartographic file "ZPro.shp" may share the same MGCA code, provided the measures are the same for that area.
d. For each MGCA code described in Table 24, there must be at least one polygon represented in the cartographic file "ZPro.shp". This table must be presented in the annex document uploaded to the digital platform and shall have the following format:
Table 24: MGCA- Measures to manage environmental constraints (Medidas para gestionar las condicionantes ambientales) In the above table, the proponent must indicate the corresponding alphanumeric codes for both individual measures to manage environmental constraints and for each group of measures applicable to the same area. One or more zones may use the same code, provided the same measures apply to them. For each code, there may be more than one environmental measure.
3. Guide for the submission of modifications to the approved environmental variable in territorial planning plans (planes de ordenamiento territorial), pursuant to Annex 3.
3.1 Structure of the digital platform for updating the environmental viability (viabilidad ambiental) The windows of the digital platform will be structured as follows:
o Indicate the expediente number corresponding to the EIVA-POT of the territorial planning instrument in question.
o Fill in on the digital platform.
o Update of the granted environmental viability (vialbilidad ambiental) o Choose the scenario:
o For scenario A:
o Upload the document "MotivModif.pdf" o Upload the cartographic file "MZPro.shp" o Download the express declaration template "DeclaExpa.pdf" o Fill in and upload the express declaration template "DeclaExpA.pdf" o For scenario B:
o Upload the document "MotivModif.pdf" o Upload the cartographic file "MZPro.shp" o Download the express declaration template "DeclaExpB.pdf" o Fill in and upload the express declaration template "DeclaExpB.pdf" o For scenarios C:
o Upload the inputs corresponding to Annex 1 or Annex 2 of this Regulation.
Once the above is finished uploading, a correspondence consecutive number related to the EIVA-POT process for the territorial planning instrument in question will be generated.
3.2. Entry of documents The corresponding items shall be submitted in a file named "ActVLA.zip" and attached on SETENA's digital platform.
The templates required for the process shall be posted on SETENA's digital platform for download and must be included in the submission of the "ActVLA.zip" documents, as applicable.
3.3. Update of the granted environmental viability Based on the identified scenario, the proponent must submit the following:
Scenario A:
o A document called "MotivModif.pdf" explaining the reason for the modification.
o A document called "DeclaExpA.pdf" that corresponds with what is indicated in the Technical Annex according to the express declaration of the respective scenario.
o A cartographic file called "MZPro.shp" that has the following attribute table:
Table 25: Description of the attributes to be used for the cartographic file named "MZPro.shp".
(*) Scenario B:
. A document called "MotivModif.pdf" explaining the reason for the modification.
. A document called "DeclaExpB.pdf" that corresponds with what is indicated in the Technical Annex.
. A cartographic file called "MZPro.shp" that has the attribute table detailed for Scenario A.
(*) (Thus amended the previous point by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) Scenario C:
o Must carry out the procedure as indicated in Annex 1 or Annex 2 of this Regulation.
File article
Review manual used by SETENA for the environmental studies of the EIVA-POT 1. Review manual for the environmental studies of the EIVA-POT that were prepared pursuant to Annex 1.
1.1. Requirements for the submission of the Study for the Incorporation of the Environmental Variable (Estudio de la Incorporación de la Variable Ambiental).
n. Verify that the "responsibility clause" (cláusula de responsabilidad) signed by each relevant professional is submitted; the digital signatures must comply with Ley Nº 8454 and its amendments.
o. Verify that each one of the Technical Data Sheets (Fichas Técnicas, FITE) is submitted as indicated in point 1.5 of Annex 1 of this Regulation.
p. Verify that each of the seven products specified in Annex 1 of this Regulation is submitted.
q. Verify that the submitted cartographic files comply with Costa Rica's technical geographic information regulations, issued by the IGN (including metadata).
r. In the case of submission of corrections (subsanes), verify that only the response document is submitted and, if applicable, that it was accompanied by the corresponding cartography.
1.2. Submission on SETENA's digital platform 1.2.1. Admissibility: Verify that the file "Admisibilidadanexo 1.zip" is submitted.
1.2.2. Technical Documents: Verify that the file "DTanexol .zip" is submitted.
1.3. Admissibility 1 .3.1. Verify that the general data of the proponent of the submitted study is completed.
1.3.2. Verify that the Municipal Agreement (Acuerdo Municipal) or analogous document for the submission of the studies to SETENA is entered and that it included the request for review to opt for the Environmental Viability (License) (Viabilidad (Licencia) Ambiental).
1.3.3. Verify that the template is completed and signed.
1.3.4. Verify that the Municipal Agreement or analogous document of the legitimized party indicated the delegation of the review process; verify that the personal qualifications are included, as well as the email address where they wish to receive notifications (keep in mind that delegation is optional).
1.3.5. Verify that the professional responsibility clauses are included, that the template intended for this purpose is used, and that it is duly completed and signed.
1.4. Technical Studies Verify that the following documents and cartographic files are uploaded:
o Study area (Área de estudio): "AE.shp" o Product 1: Cartography of the Geological PRAI (IFA Geológico) o Document "FITEproducto 1.pdf" o Cartographic file "Producto 1 .shp" o Product 2: Cartography of the Biological PRAI (IFA Biológico) o Document "FITEproducto2.pclf" o Cartographic file "Producto2.shp" o Product 3: Cartography of the PRAI for edaphological aspects (aspectos edafológicos) o Document "FITEproclucto3.pclf" o Cartographic file "Producto3.shp" o Product 4: Cartography of the PRAI for the effects of climate change (efectos del cambio climático) o Document "FITEproclucto4.pclf" o Cartographic file "Proclucto4.shp" o Product 5: Cartography of the PRAI for current environmental overuse (sobreuso ambiental actual) o Document "FITEproducto5.pdf" o Cartographic file "Producto5.shp" o Product 6: PRAI o Document "FITEproducto6.pdf" o Product 7: Synthesis Matrix (Matriz Síntesis) o Document "FITEproducto7.pdf" 1.4.1 Study area Verify that the cartographic file named "AE.shp" is included, and that the attribute table of "AE.shp" includes the required elements.
1.4.2. Technical Studies 1.4.2.1. Geological PRAI Verify that the document "FITEproducto 1.pdf" refers to the FITE of the Geological PRAI, and that it includes the table of technical limitations and potentialities and the certainty assessment according to the data in Table Nº 2 of Annex 1 of this Regulation.
Verify that the file "Producto 1.shp" refers to the cartography of the Geological PRAI in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, and that it was prepared as a product of points 3.1 to 3.5 of Annex 1 of this Regulation.
1.4.2.2. Biological PRAI Verify that the document "FlTEproducto2.pclf" refers to the FITE of the Biological PRAI, and that it includes the table of technical limitations and potentialities.
Verify that the file "Producto2.shp" refers to the cartography of the Biological PRAI in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, and that it was prepared as a product of points 4.4.1 to 4.4.7 of Annex 1 of this Regulation.
1.4.2.3. PRAI for edaphological aspects Verify that the document "FITEproclucto3.pdf" refers to the FITE of the PRAI for edaphological aspects, and that it includes the table of technical limitations and potentialities.
Verify that the file "Producto3.shp" refers to the cartography of the PRAI for edaphological aspects in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, and that it was prepared as a product of points 5.1 to 5.7 of Annex 1 of this Regulation.
1.4.2.4. Cartography of the PRAI for the effects of climate change Verify that the document "FITEproducto4.pdf" refers to the FITE of the PRAI cartography for the effects of climate change, and that it includes the table of technical limitations and potentialities.
Verify that the file "Producto4.shp" refers to the PRAI cartography for the effects of climate change in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, and that it was prepared as a product of points 6.1 and 6.2 of Annex 1 of this Regulation.
1.4.2.5. Cartography of current environmental overuse Verify that the document "FITEproductoS.pdf" refers to the FITE of the cartography of current environmental overuse and that the FITE presents the table of technical limitations and potentialities.
Verify that the file "Producto6.shp" refers to the cartography of current environmental overuse in accordance with what is indicated in point 2.4 of Annex 1 of this Regulation, and that it was prepared as a product of points 7.1 to 7.4 of Annex 1 of this Regulation.
1.4.2.6. PRAI Verify that the document "FITEproducto6.pdf" refers to the PRAI and that it was prepared in accordance with points 8.1 and 8.2; verify that its FITE is included.
1.4.2.7. Synthesis Matrix Verify that the document "FITEproducto7.pdf" refers to the Synthesis Matrix and that it was prepared in accordance with points 9.1 to 9.7; verify that its FITE is included.
2. Review manual for the environmental studies of the EIVA-POT that were prepared pursuant to Annex 2.
2.1. Requirements for the submission of the Study for the Incorporation of the Environmental Variable.
2.1.1. Verify that the "responsibility clause" signed by each relevant professional is submitted; verify that the digital signatures comply with Ley Nº 8454 and its amendments.
2.1.2. Verify that each report has the following content:
i. Cover page ii. Table of contents iii. Methodology 1. Methodological description 2. Development of the methodology with the results obtained iv. Technical conclusions v. Discussion on the degrees of certainty and scope of the study.
vi. Bibliographic references vii. Annexes 2.1.3. Verify that the cartographic files comply with Costa Rica's technical geographic information regulations, issued by the IGN.
2.1.4. Verify that the cartographic files contain at least the following extensions: *.shp, *.shx, *.dbf, and *.prj; in case of using free software that incorporates the extensions *.gpj and *.cpg. Verify that the thematic layers are encoded in UTF-8.
2.1.5. Verify that the metadata is submitted and that the template established by the IGN is used; verify whether it indicates if SETENA is authorized to publish the cartographic information within the SNIT.
2.1.6. Verify that the metadata is attached to each cartographic file, using the template established by the IGN, in *.xml format and in *.pdf or *.text file.
2.1.7. Verify that the text in the attribute tables of the cartography is summarized when it is text, and that the text of the column name is in uppercase, without special characters, and without spaces between words.
2.1.8. Verify that the spatial entities of the cartography respect the corresponding working scale.
2.1.9. Verify that if supporting information for the DAM and the RIC was used at different scales, this need was indicated, and the explanation regarding the uncertainties and technical limitations was included.
2.1.10. Verify that the Minimum Cartographic Unit (Unidad Mínima Cartografiable, UMC) is a function of the working scales previously indicated by the proponent.
2.1.11. Verify that all cartographic files comply with the following:
i. For cases where the cartographic theme represents 100% of the study area cover (cobertura), adjacent polygons must not create gaps between them or overlap.
ii. Two polygons with identical geometry and attributes cannot occupy the same space.
iii. The vertices of the lines that delimit a polygon must close correctly.
iv. For the correction and validation of Topological Rules for geometries, use as input the "Guide for the Topological Validation of the Geometry of Vector Elements", prepared by CENIGA/SINIA.
2.1.12. If what is submitted corresponds to corrections (subsanes), verify that the required items are submitted with the suffix "_v02" if it is the second version submitted to SETENA, "_v03" if it is the third version submitted.
(Thus amended the previous point by Article 1 of Decreto Ejecutivo N° 44901 of January 28, 2025) 2.2. Submission on SETENA's digital platform 2.2.1. Admissibility and Environmental Assessment (Diagnóstico Ambiental): Verify that the inputs referring to admissibility and DAM are submitted compressed in ".zip" format, named "Admisibilidad.zip" and "DAM.zip".
2.2.2. Summary of Complementary Information and Report on Measures to Manage Environmental Constraints: Verify that the inputs referring to the RIC and IME sections are submitted, named "RIC.zip" and "IME.zip".
2.2.3. Update of the granted environmental viability: Verify that the corresponding items are submitted in a file named "ActVLA.zip".
2.3. Admissibility 2.3.1. Verify that the general data of the proponent of the submitted study is completed.
2.3.2. Verify that the Municipal Agreement or analogous document for the submission of the studies to SETENA is entered and that it included the request for review to opt for the Environmental Viability (License).
2.3.3. Verify that the template is completed and signed.
2.3.4. Verify that the Municipal Agreement or analogous document of the legitimized party indicated the delegation of the review process; verify that the personal qualifications are included, as well as the email address where they wish to receive notifications (keep in mind that delegation is optional).
Verify that the professional responsibility clauses are included, that the template intended for this purpose is used, and that it is duly completed and signed.
2.4. Environmental Assessment 2.4.1. Verify that the cartographic file "AE.shp" was uploaded.
2.4.2. Verify that the following documents and files were uploaded:
o General variables:
o Aquifer vulnerability to contamination . Document "V AC.pdf" . Cartographic file "VAC.shp" o Aquifer recharge . Document "RA.pdf" . Cartographic file "RA.shp" o Flood hazard (amenaza de inundación) . Document "AI.pdf" . Cartographic file "Al.shp" o Flora cover (biotic) and biodiversity Document "CB.pdf" Cartographic file "CB.shp" o Drought hazard (amenaza de sequías) . Document "AS.pdf" . Cartographic file "AS.shp" o Conditional variables:
o Agroecological land use capacity (capacidad de uso de las tierras agroecológicas) . Document "CUTA.pdf" . Cartographic file "CUT A.shp" o Susceptibility to mass movements (movimientos en masa) . Document "SMM.pdf" . Cartographic file "SMM.shp" o Volcanic hazard (amenaza volcánica) . Document "AV.pdf" . Cartographic file "A V.shp" o Tsunami hazards (amenazas de tsunami) . Document "A T.pdf" o Biological corridors . Cartographic file "CRB.shp" o Sea level rise . Document "ANMM.pclf" . Cartographic file "ANMM.shp" o Additional variables:
o Other . Document . Cartographic file . Environmental Diagnosis Analysis:
o Current land use . Cartographic file "UAT.shp" o Legal constraints for development . Document "CLD.pdf' . Cartographic file "CLD.shp" o Land-use modality . Cartographic file "MUT.shp" 2.4.1 Study area Verify that the cartographic file "AE.shp" is included, verify that the attribute table of "AE.shp" conforms to Table 1 in point 2 of Annex 3 of this Regulation.
2.4.2 General variables 2.4.2.1. Aquifer vulnerability to contamination: verify that the document "VAC.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "VAC.shp" conforms to Table 2 in point 2 of Annex 3 of this Regulation and contains the result summary.
2.4.2.2. Aquifer recharge: verify that the document "RA.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "RA.shp" conforms to Table 3 in point 2 of Annex 3 of this Regulation and contains the result summary.
(Thus amended the preceding point by Article 1 of Executive Decree No. 44901 of January 28, 2025) 2.4.2.3. Flood hazard: verify that the document "AI.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "AI.shp" conforms to Table 3 in point 2 of Annex 4 of this Regulation and contains the result summary.
2.4.2.4. Biotic cover and biodiversity: verify that the document "CB.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "CB.shp" conforms to Table 3 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.4.2.5. Drought hazard: verify that the document "AS.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "AS.shp" conforms to Table 3 in point 2 of Annex 6 of this Regulation and contains the result summary.
2.4.3 Conditional variables 2.4.3.1. Agroecological land-use capacity: verify that the document "CUTA.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "CUTA.shp" conforms to Table 7 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.4.3.2. Susceptibility to mass movements: verify that the document "SMM.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "SMM.shp" conforms to Table 8 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.4.3.3. Volcanic hazard: verify that the document "AV.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "AV.shp" conforms to Table 9 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.4.3.4. Tsunami hazard: verify that the document "AT.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "AT.shp" conforms to Table 10 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.4.3.5. Biological corridors: verify that the attribute table of the cartographic file "CRB.shp" conforms to Table 11 in point 2 of Annex 5 of this Regulation and contains the result summary. If submitted, verify that the document "CRB.pdf" is consistent with the data presented in the cartographic file "CRB.shp".
2.4.3.6. Sea level rise: verify that the document "ANMM.pdf" details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that the attribute table of the cartographic file "ANMM.shp" conforms to Table 12 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.4.4. Additional variables In the event that documentation for additional variables is submitted, verify that an analysis document is included for each additional variable, and that each one details the information sources used for the analysis, the application of the methodology, and the result obtained. Verify that a single cartographic file is included for each additional variable, and that it conforms to Table 13 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.5. Environmental Diagnosis Analysis 2.5.1. Current land use: verify that the attribute table of the cartographic file "UAT.shp" conforms to Table 14 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.5.2. Legal constraints for development: verify that the attribute table of the cartographic file "CLD.shp" conforms to Table 15 in point 2 of Annex 5 of this Regulation and contains the result summary. Verify that for each CLD code described in Table 16 of point 2 of Annex 5 of this Regulation, there is at least one polygon represented in the cartographic file "CLD.shp"; verify that said table is presented in the document "CLD.pdf".
2.5.3. Land-use modality: verify that the attribute table of the cartographic file "MUT.shp" conforms to Table 17 in point 2 of Annex 5 of this Regulation and contains the result summary.
2.6. Summary of complementary information 2.6.1. Verify that the document "RIC.pdf" was uploaded.
2.6.2. Verify that, for the zoning, the following documents and files were uploaded: "ZPro.pdf", "ZPro.shp", and "MUZPro.shp".
2.6.3. Verify that, in the document "RJC.pdf", regarding future public infrastructure projects, the elements analyzed and their conclusions are described, in accordance with Table 18 of point 2 of Annex 5 of this Regulation.
2.6.4. Zoning: verify that the attribute table of the cartographic file "ZPro.shp" conforms to Table 19 of point 2 of Annex 5 of this Regulation; verify that the document "ZPro.pdf" is consistent with the column corresponding to the ZPro attribute, such that the proposed zonings can be identified by alphabetical codes.
2.6.5. Verify that the coding of the ZPro column in the attribute table from the preceding point complies with the established guidelines, namely:
i. That the designation of each of the CA codes is composed of the initials CA, followed by a consecutive number.
ii. That the cartographic file "ZPro.shp" only indicates the code used.
iii. That each of the polygons identified in the cartographic file "ZPro.shp" has only one CA code, as detailed in Table 20 of point 2 of Annex 5 of this Regulation.
iv. That each CA code described in Table 20 has at least one polygon represented in the cartographic file "ZPro.shp", and that said table is part of the document "RIC.pdf".
2.6.6. Verify that the attribute table of the cartographic file "MUZPro.shp" conforms to Table 21 of point 2 of Annex 5 of this Regulation.
2.6.7. Verify that the analysis of land-use modality was performed according to the proposed zoning, detailing results of "Consistent Use", "Use Consistent with Potential", or "Inconsistent Use".
2.6.8. Verify that where the result is "Inconsistent Use", the provisions of Table 22 of point 2 of Annex 5 of this Regulation were applied, and that in said table the specific area identifier, the current land use, and the environmental and legal constraints—for which measures could not be established to change the use modality to "Consistent Use" or "Use Consistent with Potential"—and the case analysis summary were indicated with a number, along with the corresponding explanations justifying that impossibility of change.
2.6.9. Verify that the data in the columns "id Area", "Environmental Constraints", and "Legal Constraints" maintain a relationship with each other.
2.6.10. Verify that this table is presented as part of the document "IREPZ.pdf".
2.7. Report on Measures to Manage Environmental Constraints 2.7.1. Verify that the document "IME.pdf" was uploaded.
2.7.2. Verify that the document "IME.pdf" corresponds to an explanatory text indicating which measures were incorporated into the POT proposal to manage the environmental constraints identified in the Environmental Diagnosis (Diagnóstico Ambiental, DAM).
2.7.3. Verify that the measures in question refer, for each environmental constraint found in the study area, to the specific rule defined in the POT to manage it.
2.7.4. Verify that the measures incorporated in the cartographic file "ZPro.shp" were identified with an alphanumeric code that relates to what is indicated in the document "ZPro.pdf" and that complies with the following:
i. That the designation of each of the MGCA codes is composed of the initials MGCA, followed by a hyphen and a consecutive number.
ii. That in the cartographic file "ZPro.shp", only the codes used to group the corresponding measures must be indicated.
iii. That each of the polygons identified in the cartographic file "ZPro.shp" detailed in Table 23 of point 2 of Annex 5 of this Regulation has only one MGCA code.
iv. That for each MGCA code described in Table 23, there is at least one polygon represented in the cartographic file "ZPro.shp".
3. Review manual for modifications to the approved environmental variable in land-use plans (planes de ordenamiento territorial, POT), which were prepared in accordance with Annex 3.
3.1. Verify that the expediente number corresponding to the EIVA-POT of the land-use plan instrument in question was indicated.
3.2. Verify that one of the established scenarios was chosen.
3.3. Verify the submission of documents:
3.3.1. For Scenario A:
o Verify that the document "MotivModif.pdf" was uploaded.
o Verify that the cartographic file "MZPro.shp" was uploaded.
o Verify that the express declaration template "DeclaExpA.pdf" was used.
o Verify that the express declaration template "DeclaExpA.pdf" was uploaded duly completed.
3.3.2. For Scenario B:
o Verify that the document "MotivModif.pdf" was uploaded.
o Verify that the cartographic file "MZPro.shp" was uploaded.
o Verify that the express declaration template "DeclaExpB.pdf" was used.
o Verify that the express declaration template "DeclaExpB.pdf" was uploaded duly completed.
3.3.3. For Scenario C:
o Verify that the documents corresponding to Annex 1 or Annex 2 of this Regulation were uploaded.
3.4. Verify document content:
3.4.1. For Scenario A:
o Verify that the document called "MotivModif.pdf" is included and that it explains the reason for the modification.
o Verify that the document called "DeclaExpA.pdf" is included and that it corresponds to the express declaration for the respective scenario.
o Verify that the cartographic file called "MZPro.shp" is included and that it possesses the attribute table in accordance with the Table in point 3 of Annex 3.
(*)3.4.2. For Scenario B:
. Verify that the document called "MotivModif.pdf" explains the reason for the modification.
. Verify that the document called "DeclaExpB.pdf" corresponds to what is indicated in the Technical Annex.
. Verify that the cartographic file called "MZPro.shp" possesses the detailed attribute table for Scenario A.
(*)(Thus amended the preceding point 3.4.2) by Article 1 of Executive Decree No. 44901 of January 28, 2025) 3.4.3. For Scenario C:
(*)(Thus amended the preceding point 3.4.3) by Article 1 of Executive Decree No. 44901 of January 28, 2025) o Verify that the procedure was carried out as indicated in Annex 1 or Annex 2 of this Regulation.
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