National Land-Use Planning Policy 2012 to 2040 Document approved by the Council of the Land-Use Planning and Housing Sector October 2012 Acronyms and Abbreviations . AyA: Costa Rican Institute of Aqueducts and Sewers . BANHVI: Mortgage Housing Bank . BM: World Bank . CIDA: Canadian International Development Agency . CNE: National Emergency Commission . COMEX: Ministry of Foreign Trade . CYMA: Competitiveness and Environment Program . EIA: Environmental Impact Assessment . GEI: Greenhouse Gases . ICCI: Canadian Initiative for Industrial Competitiveness . ICE: Costa Rican Institute of Electricity . ICT: Costa Rican Tourism Institute . IDA: Agrarian Development Institute . IFAM: Institute for Municipal Promotion and Advisory Services . IGN: National Geographic Institute . INDER: National Institute of Rural Development . INEC: National Institute of Statistics and Census . INTA: National Institute of Agricultural Technology Innovation and Transfer . INVU: National Institute of Housing and Urbanism . MAG: Ministry of Agriculture and Livestock . MEIC: Ministry of Economy, Industry and Commerce . MH: Ministry of Finance . MIDEPLAN: Ministry of National Planning . MINAET: Ministry of Environment, Energy and Telecommunications . MIVAH: Ministry of Housing and Human Settlements . MOPT: Ministry of Public Works and Transport . ONU: United Nations Organization . PIEG: National Policy for Gender Equality and Equity . PND: National Development Plan . PNDU: National Urban Development Plan . PLANOT: National Land-Use Planning Plan . PRESOL: Solid Waste Plan of Costa Rica . PROCOMER: Foreign Trade Promoter of Costa Rica . PNOT: National Land-Use Planning Policy . PNVAH: National Housing and Human Settlements Policy . SETENA: National Environmental Technical Secretariat . SINAC: National System of Conservation Areas . SNOT: National Land-Use Planning System . USEG: Socio-Ecological Management Units . ZEE: Exclusive Economic Zone . ZMT: Maritime-Terrestrial Zone 1. Introduction In accordance with the goals and actions determined in the National Development Plan 2011-2014 María Teresa Obregón Zamora, the Ministry of Housing and Human Settlements (MIVAH), in exercise of the Stewardship of the Land-Use Planning and Housing Sector, vested in the figure of the Minister of Housing and Human Settlements, submits for consideration by State institutions and civil society the following National Land-Use Planning Policy (Política Nacional de Ordenamiento Territorial, PNOT).
Land-use planning (ordenamiento del territorio) processes take on strategic importance for the development of the country, with a view to the bicentennial as a nation. Costa Rica faces conjunctural processes in the global dynamic that cannot be overlooked; among these we can mention insertion into the global market competitively, climate change, and the development of inclusive and sustainable human settlements.
This document seeks to integrate a framework of common objectives among a series of institutional actors and, at the same time, to constitute a guide for the strategic planning of the Costa Rican territory, with a long-term perspective and inter-institutional coordination.
These common objectives are associated with a set of short-, medium-, and long-term "country goals." These goals are related to a series of themes that encompass the strategic guidelines that aspire to become a "country vision" and that will be expressed operationally in the National Land-Use Planning Plan (Plan Nacional de Ordenamiento Territorial, PLANOT). The PLANOT will act as the inter-institutional instrument for the coordination of agendas and legal, administrative, and financial actions.
In the construction of the PNOT, the premise is the existence and current availability of a large number of widely valid inputs, which are related to each theme. These have contributed at different moments of national development with important inputs to planning. Their identification and systematization was a key process in the construction of this proposal. Among them we can mention previous policy proposals and bills on the matter, national and sectoral strategic plans, regional land-use planning (ordenamiento territorial) projects, and numerous current laws and regulations.
At the same time, this policy construction process is linked to the process that MIVAH began in 2006 for the definition of a National Housing and Human Settlements Policy. Both processes are complementary and are directed towards the definition of a long-term work horizon, in search of polyfunctional, inclusive, and competitive human settlements, within the framework of national development in balance with the environment.
2. Legal and Institutional Framework Costa Rica has a very diverse regulatory framework regarding land-use planning (ordenamiento territorial), which grants competencies, both direct and indirect, to different State institutions, at different planning scales. This regulatory framework reflects different planning visions and different national circumstances. Today, this variety of legislation and the conceptual mismatch between each other has become an obstacle to the coordinated and expeditious management of the territory.
The first precedent of territorial division in Costa Rican legislation is the political-administrative division of the territory, which has its basis in the Political Constitution of the Republic, which in its Article 168 states: "for the purposes of public administration, the national territory is divided into provinces, these into cantons, and the cantons into districts. The law may establish special distributions," at the same time Article 169 grants the power of administration of local goods and services to the municipalities, which constitute the first entities of territorial administration par excellence. At the same time, the Constitution, in its Article 50, recognizes the right of the country's inhabitants to have a healthy and ecologically balanced environment, and simultaneously indicates the duty of the State to guarantee, defend, and ensure that right.
The Urban Planning Law (Nº 4240, of the year 1968) defines the general guidelines for the preparation of the National Urban Development Plan, Regional Plans, and Cantonal Regulatory Plans, with the purpose of promoting the orderly expansion of urban centers, the balance between urban and rural zones, and efficient urban development. Furthermore, it confers specific competencies at different scales in the field of urban planning to the National Institute of Housing and Urbanism (INVU), to the National Planning Office (current Ministry of Planning -MIDEPLAN-), and to the 81 municipalities that make up the Costa Rican territory, through the instrument of the Regulatory Plan.
The Law on the Maritime-Terrestrial Zone (Nº 6043, of the year 1977) defines the guidelines for the planning and management of the territory comprised within 200 meters from the high-tide line, along the national coastal strip. As an instrument for administration of the Maritime-Terrestrial Zone (ZMT), the Coastal Regulatory Plan is defined. This law confers competencies to the Costa Rican Institute of Tourism (ICT), the INVU, and the municipalities.
The Organic Law of the Environment (Nº 7554, of the year 1995) represents a milestone in the country's territorial regulations, because it establishes a series of general principles for the conceptualization of land-use planning (ordenamiento territorial) in matters of sustainable development, and represents the beginning of an era of environmental legislation that has allowed the country to position itself in this area. This law confers competencies to the Executive Branch, through the Ministry of Environment, Energy and Telecommunications (MINAET), to the National Environmental Technical Secretariat (SETENA), to the Ministry of Agriculture and Livestock (MAG), and the municipalities. With the enactment of the Organic Law of the Environment, a process of strengthening environmental regulations began in the country, the result of which is a set of specific laws in different areas of environmental management. Among them we can cite the Forest Law (Nº 7575, of the year 1996), whose objective is to ensure the conservation, protection, and administration of natural forests, and the production, use, industrialization, and promotion of the country's forest resources destined for that purpose. This law defines the stewardship of MINAET in forestry matters and establishes the division of the country into forest regions.
The Law on the Use, Management, and Conservation of Soils (Law N° 7779, of the year 1998) has the fundamental purpose of protecting, conserving, and improving soils in an integrated and sustainable management with other natural resources. This law establishes competencies and joint responsibilities for MINAET and MAG. It is important to note that it determines the need to construct national plans for the management of soil management, protection, and conservation; which must be based on the watershed or sub-watershed as the basic criterion for definition.
The Biodiversity Law (Law N° 7788, of the year 1998) has the objective of conserving biodiversity and promoting the sustainable use of natural resources. This law introduces the concept of the distribution of burdens and benefits derived from the use of biodiversity elements. Additionally, it recognizes the environmental function that real estate properties must fulfill and creates the National System of Conservation Areas (SINAC).
The National Law on Emergencies and Risk Prevention (Law Nº 8488, of the year 2006) marks an important precedent for national land-use planning (ordenamiento territorial), by defining the National Policy for Risk Management and the National Plan for Risk Management, as cross-cutting axes in the work of the Costa Rican State. It also defines the National System for Risk Management and establishes it as a multi-institutional body at all levels of the Costa Rican State, defining the National Emergency Commission (CNE) as its governing body.
The Indigenous Law of Costa Rica (Law Nº 6172, of the year 1977) delimits the Indigenous Territories of the country and recognizes the right of indigenous peoples to the full administration of their territories. This aspect becomes relevant if we consider that slightly more than 6% of the national territory is considered Indigenous Territory.
The Law for the Transformation of the Agrarian Development Institute (IDA) into the Institute of Rural Development (INDER) (Law Nº 9036, of the year 2012) establishes an institutional framework for the sustainable rural development of the country that allows the formulation, planning, execution, monitoring, and evaluation of State policies in this area, in addition to the identification and legitimization of rural territories. This new Law incorporates a concept of comprehensive development for the country's rural zones and grants INDER the power to formulate territorial rural development plans, in joint participation with rural actors, both public and private.
The Municipal Code (Law Nº 7794, of the year 1998) establishes that the territorial jurisdiction of the municipality is the respective canton, whose head city is the seat of the municipal government. The government and administration of cantonal interests and services shall be in charge of the municipal government.
Currently, within this framework of regulatory diversity, the need arises to standardize the visions corresponding to traditional urbanism, represented largely by the Urban Planning Law, and the new generation of environmental legislation that the country has been promoting since the 1990s.
3. Conceptual Framework Land-use planning (Ordenamiento territorial) is the spatial expression of social, environmental, and economic policies. It is also an administrative exercise and a State policy, based on coordinated and articulated decision-making, with the aim of guaranteeing adequate development of human settlements, integrated management of natural resources, and economic development in the territory. The Organic Law of the Environment, in its Article VI, points out the importance of land-use planning (ordenamiento del territorio) in achieving the following purposes:
. Optimum location, within the national territory, of productive activities, human settlements, zones for public and recreational use, communication and transportation networks, wilderness areas, and other vital infrastructure works, such as energy units and irrigation and drainage districts.
. Serve as a guide for the sustainable use of the elements of the environment.
. Balance the sustainable development of the different zones of the country.
. Promote the active participation of the inhabitants and organized society in the preparation and application of land-use planning (ordenamiento territorial) plans and in the regulatory plans of cities.
In the same way, this law determines the following criteria for the land-use planning (ordenamiento) of the national territory:
. Respect for the cultural, historical, and social characteristics of the human populations involved and their current distribution over the territory.
. Population and resource projections.
. The characteristics of each ecosystem.
. Natural resources, renewable and non-renewable, the predominant economic activities, the land-use capacity, and the zoning by agricultural products and activities, based on ecological and productive considerations.
. The effect of human activities and natural phenomena on the environment.
. The balance between human settlements and their environmental conditions.
. The diversity of the landscape.
. The existing infrastructure.
Land-use planning (Ordenamiento territorial) is conceived as an inherent function of the State, which, through the institutions stipulated for that purpose, has the function of defining and executing national land-use planning (ordenamiento territorial) policies, aimed at promoting the common good and environmental protection over private interests. These powers of the State have a non-delegable and non-transferable character, and their foundation lies in the laws and regulations related to the defense of matters of national interest, such as social justice, the environment, and the social well-being of the inhabitants. Thus, land-use planning (ordenamiento del territorio) is conceived as a necessity and at the same time an ideal tool for improving the quality of life of the country's inhabitants, through the promotion of polyfunctional human settlements in which access to housing, services (basic facilities and ecosystem services), and productive functions is possible, allowing competitive social development in the territory.
4. Principles 1. Comprehensiveness:
Refers to the approach to the national territory in all its dimensions: social, environmental, and productive; within the geographical and sociocultural contexts inhabited by the country's inhabitants. Seeking the articulation and complementarity of policies, plans, programs, and projects that allow for balanced national development, free from regional disparities. The PNOT will promote the implementation of a comprehensive approach to the territory.
2. Coordination:
Refers to the principle of action to bring together, towards a common goal, diverse competencies of all actors involved in a process. It allows recognition of the autonomy and independence of each one of them, but at the same time, directs them, in a concerted and systemic manner, towards common purposes. The PNOT will promote cross-sectoral participation, in order to achieve integrated management of the national territory.
3. Solidarity:
Refers to the State's responsibility to promote the reduction of regional disparities, through instruments for the redistribution of burdens and benefits associated with territorial management. Additionally, there is a shared responsibility between the State and civil society, directed towards joint work, collaboration in the improvement of the habitat, and the guarantee that the use of the territory and land fulfills social and environmental functions.
4. Sustainable Development:
Refers to a model of development that seeks the preservation of ecological, social, and economic balance, without compromising the satisfaction of the needs of future generations. The development of the national territory must respond to a sustainable model, that allows the country's regions to take advantage of different strategic advantages, prioritizing long-term development and generating human settlements in which the inhabitants can enjoy a healthy and ecologically balanced environment.
5. Subsidiarity:
The principle of subsidiarity provides that a matter should be resolved by the authority (normative, political, or economic) most closely related to the object of the matter addressed. Thus, the aim is for decision-making to be carried out at a level closer to the individual and the territory in which they live, promoting transparency and accountability for the actions undertaken.
5. Strategic Orientation The PNOT must lay the foundations for a process of coordination and articulation of the actions of the State, private enterprise, and civil society, in order to articulate national development with a coherent territorial development process that responds to the country's long-term goals.
At the same time, the PNOT seeks to identify common efforts that pursue the sustainable development of the territory. For this, it is essential to recognize the initiatives that are currently being developed by the State or that are proposed to be developed, in order to integrate them into a process channeled toward the achievement of national objectives.
Therefore, the PNOT is a strategic planning instrument for the long-term direction of State actions, through the different National Development Plans (Planes Nacionales de Desarrollo, PND), whose purpose is to achieve a series of objectives identified as common and that constitute a national project. Once the policy is approved, MIDEPLAN together with MIVAH will ensure its incorporation into future National Development Plans.
The PNOT's task is to define a conceptual framework for the territorial planning (ordenamiento territorial) processes that the country will undertake. Additionally, it must define the basic general guidelines for the preparation of a National Territorial Planning Plan, which establishes in detail the inter-institutional coordination framework, the fields of action, the roles and scopes of institutional action, and the strategic administrative, legal, and financial actions to be implemented in the short, medium, and long term.
6. Cross-Cutting Axes 6.1 Risk Management and Climate Change Risk management, as a cross-cutting axis of public policies, has its basis in the National Emergency and Risk Management Law (Ley Nacional de Emergencias y Gestión de Riesgo, No. 8488, of 2006), and is based on seeking the reduction of the vulnerability of the Costa Rican population, the causes of the loss of human lives, and the social, economic, and environmental consequences induced by threats of natural and anthropic origin that affect the national territory of Costa Rica.
The generation of risk is the result of the conjunction of two conditions: vulnerability and threat. Through the application of preventive measures in different areas of development, it is possible to reduce vulnerability conditions and thus reduce the negative impact of unpredictable and predictable events.
Territorial planning constitutes a vitally important instrument for enforcing the minimum conditions of safety and habitability of human settlements. Through territorial planning processes, it is possible to influence, in advance and in a planned manner, the reduction of vulnerabilities that affect human settlements and expose them to risk conditions. With a prevention focus, it is possible to minimize the occurrence of disasters.
Land use and the development of human activities, without proper planning, constitute the main vulnerability factors. These contribute to the increase in risk present in human settlements, threatening the right to safe housing and causing recurring losses to the country in the field of infrastructure and services. The preventive approach in territorial planning requires incorporating prevention and mitigation measures, from the planning and formulation processes of plans and projects, as well as the incorporation of measures aimed at generating resilience in human settlements that are currently exposed to recurring risk situations.
On the other hand, the actions that the country undertakes to face the situation of climate change find their north in the five axes of the National Climate Change Strategy, which define a series of important points to be addressed and worked on by the Costa Rican State.
-Mitigation -Adaptation -Metrics -Capacity building and technology transfer -Education, culture, and awareness In this strategic framework, two relevant topics arise from the point of view of territorial management: the mitigation and reduction of greenhouse gas emissions, the main causes of global warming, and the adaptation to changes in physical systems, which affect the increase in vulnerability to natural threats.
6.2 Gender Approach As a concept, gender allows for the understanding and analysis of the meanings, relationships, and identities that are socially constructed, a product of the biological differences between the sexes. In other words, gender addresses the issue of social constructions of different orders (practices, norms, values, and symbols), associated with the female and male sexes.
Given that gender traditionally converts differences into inequalities, the gender approach is extremely useful for understanding the differentiated social status of women and men, and the impact this has on the organization of social institutions. In this sense, to achieve equality, the equalization of conditions must also be promoted, and the capacity for "management" and political influence of people, particularly women, must be favored. For this, it is fundamental to consolidate and promote a plurality of affirmative actions and normative principles. This approach requires looking at any social situation or intervention program from a perspective that allows for the understanding of the specific needs of women and men and, additionally, the differential effects of each situation on them. That is, an analysis from the gender approach includes understanding the practical needs and strategies, as well as the restrictions, opportunities, and options of women and men in a given social context.
Regarding the principle of equality, it is not defined based on the criterion of similarity, but rather on justice: the same value is granted to diverse persons, members of a society. Equality is important precisely among different people, since it is a social convention, a pact, according to which those belonging to different sexes, ethnicities, and social classes are recognized as equals. Within the framework of women's rights, speaking of equality does not mean identity with men; it means having the same opportunities, being recognized and treated as equals, recognizing and respecting the diversity of their identities and human conditions.
6.3 Rights-Based Approach All inhabitants are subjects of universally recognized rights. Consequently, territorial planning processes must consider individuals as holders of such rights, and the State is responsible for guaranteeing, promoting, protecting, and enforcing individual and collective rights without distinction of sex, ethnicity, age, or social condition.
It is paramount in territorial planning to promote the right to property from a conception of solidarity, that is, understanding that property has a social function that implies that private interest will yield in favor of social interest when, for reasons of public interest, they come into conflict. Property must be useful not only to the owner but to the community. In this sense, territorial planning, in its figure of a strategic plan, is what offers the tools to guide the development of the territory and regulate the utilization, transformation, and occupation of space in accordance with socioeconomic development strategies, in harmony with the environment and historical and cultural traditions, in pursuit of articulating and complementing economic and social planning with physical-territorial planning.
Territorial planning must promote equity and eliminate the exclusion of any population group from the benefits of development for reasons of gender, culture, ethnicity, age, and other demographic characteristics. Through territorial planning, suitable lands are defined for providing quality public service networks and the facilities and infrastructure necessary for local development, guaranteeing ideal conditions for life.
The right to a healthy environment is a collective right, which must be guaranteed by the State, through the conservation of ecologically important areas, the promotion of environmental education, and the protection of the diversity and integrity of the environment. Through territorial planning, the State must guarantee environmental protection, exercising the planning of the use and exploitation of natural resources, within the framework of national and regional competencies and determining factors.
Likewise, the State must guarantee the right to citizen participation, promoting the active engagement of individuals and communities in local, regional, and national development processes, and accepting, when convenient for the social interest, the proposals of communities and individuals to solve the problems faced by territorial planning.
The State must generate strategies to make effective the right to decent housing by promoting the development of social interest housing, in both rural and urban areas.
Targeting must be directed towards the most vulnerable households, or from the perspective of safeguarding life when the population is at risk. Therefore, these populations must be identified according to their location in the territory and the threats derived from it.
Facing the right to work, to a minimum wage, to overcoming poverty, to health, to food, and other rights that are fundamental for the socioeconomic development of the population, but which are not a function of territorial planning, the strategic plan must generate opportunities, according to the potentialities of the territory and the population, making decisions to promote the location of economic activities that foster employment and the development of the capacities of men and women.
In the case of Indigenous Territories, the right of original peoples to develop autonomously must be consolidated and strengthened, exercising their right to possess, exploit, control, and use their lands, making use of their natural resources and conserving their culture, historical identity, and way of life.
7. Recitals (Considerandos) 1. That it is the duty of the State, according to Article 50 of the Political Constitution of the Republic, to procure "the greatest well-being for all inhabitants of the country, organizing and stimulating production and the most adequate distribution of wealth. Every person has the right to a healthy environment." 2. That according to Article 169 of the Political Constitution of the Republic, "the administration of local interests and services in each canton shall be in charge of the Municipal Government, formed by a deliberative body, composed of municipal council members elected by popular vote and an executive official designated by law." 3. That from Article 170 of the Political Constitution of the Republic derives the duty of coordination between the municipalities and the other State institutions, given the concurrent or coincident nature of local and national interests, and all this within the strictest framework of the principles of legality, equality, and absolute respect for the principle of municipal autonomy.
4. That according to the Organic Environmental Law, the conservation and sustainable use of water is of social interest and that to achieve this, the balance of the water system must be maintained, protecting each of the components of the hydrographic basins.
5. That in accordance with the Urban Planning Law and constitutional jurisprudence, the functions required for national or regional urban planning are the power of the Costa Rican State.
6. That Voto 5906-99 of July 28, 1999, issued by the Constitutional Chamber, details that "it must be considered that the rights to life and health, as well as the right to enjoy a healthy environment, are all guaranteed at a fundamental level in the Magna Carta, so that any economic criterion that one wishes to apply in a specific case must yield in importance before the former. From that perspective, the exercise of the rights to work and to develop a productive activity must necessarily be framed within the respect for other fundamental rights such as the right to a healthy environment and the right to health." 7. That it is the duty of the State, according to Article 46 of the Organic Environmental Law, to exercise sovereignty over biological diversity, as part of its natural heritage.
8. That according to the Organic Environmental Law in its Article 28, "it is the function of the State, the municipalities, and other public entities, to define and execute national policies of territorial planning, aimed at regulating and promoting human settlements and the economic and social activities of the population, as well as physical-spatial development, in order to achieve harmony between the greatest well-being of the population, the use of natural resources, and the conservation of the environment." 9. That Article 17 of the Organic Environmental Law establishes as indispensable the environmental impact assessment (evaluación de impacto ambiental, EIA) of human activities that alter or destroy elements of the environment; additionally, through Executive Decree No. 31849 - MINAE - MOPT - MAG - MEIC of June 24, 2004, regarding the General Regulation on Environmental Impact Assessment (EIA) Procedures (Reglamento General sobre los Procedimientos de Evaluación de Impacto Ambiental (EIA)), a specific chapter has been included on Strategic Environmental Assessment and on the integration of the environmental impact variable in land-use planning.
10. That the human right to the city is currently being discussed worldwide. This discussion is, to a large extent, fostered by the United Nations Organization (UN), which is based on three fundamental principles: a) the full exercise of citizenship, understood as the realization of all human rights and fundamental freedoms, ensuring the dignity and collective well-being of the city's inhabitants under conditions of equality and justice, as well as full respect for the production and social management of the habitat; b) the democratic management of the city, understood as the control and participation of society, through direct and representative forms, in the planning and governance of cities, prioritizing the strengthening and autonomy of local public administrations and popular organizations; and, c) the social function of property and of the city, understood as the implementation of urban policies and policies of common interest, over the individual right of property, which implies the socially just and environmentally sustainable use of urban space.
11. That in accordance with the National Policy for Gender Equality and Equity (PIEG), the State must ensure compliance with this policy, thus guaranteeing the full socioeconomic and cultural development of all women.
12. That the PIEG proposes, as one of its objectives, the strengthening of institutional capacity in favor of gender equality and equity; therefore, the introduction of the gender issue as a cross-cutting axis in the PNOT contributes to the achievement of said objective.
13. That the PIEG proposes, as one of its objectives, the strengthening of women's political participation and the achievement of a parity democracy; therefore, the PNOT considers citizen participation with a gender perspective as one of the fundamental pillars for the management of territorial and urban development.
14. That at the Second United Nations Conference on Human Settlements, Habitat II, two objectives related to territorial planning were established: "Adequate housing for all" and "Sustainable development of human settlements in an urbanizing world"; therefore, the PNOT considers and develops both themes as fundamental axes, from a population perspective that considers the human being the center of planning and intervention.
15. That the National Emergency and Risk Prevention Law establishes that the National Risk Management Policy constitutes a cross-cutting axis of the work of the Costa Rican State; since it articulates instruments, programs, and public resources in ordinary and extraordinary, institutional and sectoral actions, aimed at preventing the occurrence of disasters and attending to emergencies in all their phases; therefore, it has been considered as such by the PNOT.
16. That the MIVAH, according to Decree No. 001-MIDEPLAN of the year 2010, is the Rector of the Territorial Planning and Housing Sector, also composed of the following centralized and decentralized institutions: Mortgage Housing Bank (BANHVI), National Emergency Commission (CNE), National Institute of Housing and Urbanism (INVU), Institute for Municipal Development and Advisory (IFAM), Institute of Agrarian Development (IDA), Ministry of National Planning and Economic Policy (MIDEPLAN), Costa Rican Tourism Institute (ICT), Ministry of Agriculture and Livestock (MAG), National Institute for Innovation and Transfer in Agricultural Technology (INTA), Ministry of Environment, Energy and Telecommunications (MINAET), the National System of Conservation Areas (SINAC) and the National Environmental Technical Secretariat (SETENA).
17. That according to the National Development Plan 2011-2014 "María Teresa Obregón Zamora", it is necessary to elaborate a PNOT that defines a common framework of action and objectives for the long-term development of the national territory.
18. That according to the National Climate Change Strategy, five axes of action are defined under the principle of common but differentiated responsibility, which guide the measures to be taken to face climate change.
8. Development Objective To ensure that the human development of the population is achieved in a balanced, equitable, and competitive manner in the national territory, through the correct management of human settlements and the responsible and sustainable use of natural resources, in order to have a healthy and ecologically balanced environment for present and future generations.
9. Structural Axes The structural axes that compose the PNOT are three: habitat quality, environmental protection and management, and territorial competitiveness. These are composed of various themes as indicated below:
Habitat Quality Planning of human settlements Housing Infrastructure and networks Mobility and transportation Citizen participation Landscape, green areas, recreational areas, and public spaces Environmental Protection and Management Watershed management and water resources Land use and management Biological diversity Carbon neutrality Environmental education Territorial Competitiveness Tourism potential Technological innovation Infrastructure Public management 9.1 Habitat Quality The main challenge of territorial planning in our country is to overcome, through the planned and balanced provision of the necessary resources for human development, the historical gap that exists between regions in terms of economic and social development. The historical concentration of the population in the Central Valley denotes centralization in employment sources, and the lack of planning to develop other regions and guarantee equitable economic development. Regions such as the Chorotega, Brunca, and Huetar Atlántica regions have remained, for decades, with lower social and economic development and higher percentages of poverty than the central zone of the country.
According to the indicated historical trend, the regional imbalances of social and economic development are strongly related to cultural and ethnic differences. For example, the Brunca and Huetar Atlántica regions concentrate the majority of the indigenous population and, in turn, these are the regions with the highest concentrations of poverty, with less access to the internet, and with less potable water pipe coverage.
The poverty indicator reveals stagnation in the last 20 years: there are no signs of overcoming poverty; however, it has been possible to stop the increase in the poor population and the extremely poor population. There are selective programs that assist the poorest to place them above the poverty line, but they do not manage to lift this population out of a situation of permanent vulnerability, that is, of being subject to minimal variations in their living and economic conditions, which makes them "enter and exit" poverty and extreme poverty.
Axis Objective To guarantee in human settlements the provision and access to infrastructure, services, networks, mobility, and productive activities that allow inhabitants to develop in surroundings of physical, social, and environmental quality, with gender equity criteria and a rights-based approach.
Axis Goals . Reduce human settlements in precarious condition (precario) and homes located in risk zones, mainly where identified environmental dangers exist.
. Reduce socioeconomic residential segregation.
. Reduce the deficit of infrastructure and health, education, and other social facilities services, particularly in the areas of the country with the greatest lag and where the concentration of poor households headed by women is highest.
. Increase the number of population and areas of the country with access to water, electricity, sewage systems, and the internet, particularly in remote localities and those with the greatest deficit.
. Increase the number of people using public transport and reduce travel times through the city, particularly in peripheral zones.
. Achieve an average of 10 m2 of public space per inhabitant.
Planning of Human Settlements It refers to the right of the population to live in human settlements that provide residential, productive, and service functions in a safe and risk-free environment, within the framework of promoting compact and sustainable cities.
Guideline 0:
The State, through the different territorial planning instruments, shall ensure the right to life and safety, in a healthy and ecologically balanced environment.
Guideline 1:
The reorganization of cities shall be promoted through the intensive use of urban space, the establishment of a hierarchy of cities, and the planned distribution of human settlements and the population. Said planning shall be carried out through the active participation of women and men in an equitable manner. The State shall promote the eradication of settlements in precarious condition (precario) and residential areas located in environmental risk zones, and the development of compact and sustainable cities shall be promoted.
Housing It refers to the responsibility of the State to ensure access to housing and to multifunctional human settlements for all inhabitants of the country.
Guideline 2:
The State shall guarantee access to housing in safe human settlements with quality of life for the entire population, according to gender equity criteria; additionally, access to urban land and housing shall be promoted for different socioeconomic strata and different family types in accordance with demographic changes.
Infrastructure and Networks Guideline 3:
The corresponding public institutions shall ensure that the construction and location of social facilities guarantees accessibility for the entire population and the overcoming of the deficit in the communities with the greatest lag, promoting the compact city model.
Guideline 4:
The entire population and human settlements shall be supplied with services via infrastructure networks, following gender equity criteria, especially those located in zones of social lag and those where there are women in risk conditions. The supply of basic services shall be carried out in accordance with the guidelines of the current territorial planning plans, promoting the compact city model.
Mobility and Transportation It refers to the development of public transport and the necessary road infrastructure, from a compact city model, in which intensive use is made of land and roads, the private vehicle is discouraged, and accessibility to mobility for the entire population is improved.
Guideline 5:
Integrated mass transport systems shall be promoted, in order to shorten travel times, mainly for the population residing in remote and peripheral areas of the cities.
Citizen Participation It refers to the right of the population to participate, be heard, and have their opinion taken into account in the territorial planning processes.
Guideline 6:
Consultation and participation of the population in the plans that determine the territorial development of their communities shall be strengthened, and the regulation of citizen participation in Regulatory Plans shall be strengthened.
Landscape, Green Areas, Recreational Areas, and Public Spaces It refers to the guarantee of a balance between built space and the natural environment. Understanding that the landscape includes three fundamental aspects: the physical dimension (the landscape is the territory), the subjective and cultural dimension (the population attributes subjective values to the territory), and, finally, the temporal/causal dimension (the landscape as a result of the interaction between the human being and nature).
Guideline 7:
The identification, study, recovery, protection, and conservation of the urban, rural, and natural landscape shall be promoted, as generators of health and well-being, and as a promising source of development; and the participation of men and women in said process shall be guaranteed.
Guideline 8:
The construction of more green areas, public space, and recreational space in human settlements shall be incentivized, until reaching the average of 10 squared meters per inhabitant. This public space must privilege universal accessibility and the enjoyment of the entire population.
9.2 Environmental Protection and Management The country's environmental tradition constitutes a process in constant growth, which can be traced throughout the 20th century. Over the decades, Costa Rica has made the determination to work on the construction of sustainable national development, within a framework of rational use of natural resources and the protection and conservation of the environment.
The use of Costa Rican land during much of the last century benefited the expansion of agricultural, livestock, and urban development activities, generating abrupt changes in the general land uses, in a very short period of time. As part of the consequences of this use of soil resources, we can cite the expansion of the agricultural frontier (understood as the use of "virgin" forest lands for productive or urban development activities, expanding the limit of human activities), the loss of forest cover (cobertura boscosa), and the over-exploitation of soils, according to their true carrying capacity.
Global warming associated with the increase in Greenhouse Gas (GHG) emissions, coming from anthropogenic activities, is generating discernible climatic changes, among which are: an increase in temperature, modification of precipitation patterns, reduction of the cryosphere, rise in sea level, and modification of the patterns of extreme weather events. The main cause of this phenomenon is the use of fuels of fossil origin, and some causes of lesser impact are land-use change (cambio de uso de la tierra) and agricultural activity. On this point, it is worth highlighting that our country has the goal of becoming carbon neutral by the year 2021, a goal that implies rethinking many processes of a territorial nature, which currently contribute to the emission of GHGs.
With the creation of the Protected Wild Areas and the upsurge in regulations at the environmental level, the country has managed to recover much of the lost forest mass; however, there is still a long way to go to guarantee effective protection of ecosystems and the processes that benefit their development.
In the 1990s, the country signed a series of legally binding instruments, within the framework of the Earth Summit in Rio de Janeiro, Brazil. These instruments define a series of global goals and guidelines on three key themes worldwide:
. Convention on Biological Diversity . United Nations Framework Convention on Climate Change . United Nations Convention to Combat Desertification Currently, the country has a legal and administrative platform in the environmental field, which has positioned Costa Rica as a leading country in the area of Environmental Management. Therefore, the consolidation of the achievements made to date stands as a challenge for the future, and at the same time, the promotion of relevant themes in national development, such as water resource management, watershed management, the protection of biodiversity, and the reduction of GHG emissions.
Beyond these efforts, there are various legal and planning instruments that can be cited as significant advances in recent years; by way of example, the implementation of the National Biodiversity Conservation and Sustainable Use Strategy (Estrategia Nacional de Conservación y Uso Sostenible de la Biodiversidad) and its Action Plan is mentioned, a planning instrument within the framework of the Convention on Biological Diversity. Likewise, it is worth mentioning the research and territorial planning process that gives rise to the Socio-Ecological Management Units (Unidades Socio Ecológicas de Gestión, USEG), as a novel way of organizing the national territory, not to mention the National Soil Management and Conservation Plan (Plan Nacional de Manejo y Conservación de Suelos).
As an important achievement, the incorporation of the environmental variable into national territorial planning can be mentioned; this constitutes an effort to match environmental development and the development of the country's human settlements.
However, all these increasing achievements stand in contrast to the reality of national territorial problems, such as the scarce planning of the country's human settlements, a situation that generates a strong impact on the loss of biological diversity, contributes to climate change processes, and to the loss of capacity of our soils.
The protection and management of marine ecosystems is another challenge that must be strengthened for the future. The marine zones that form part of the nationally protected territory are scarce, even though they harbor significant biodiversity and, due to their conditions, are highly vulnerable areas.
Objective of the axis To achieve national development in a sustainable manner throughout the entire national territory, in such a way that natural resources, the country's biological diversity, and the natural and landscape heritage are protected, consolidating the country's image in terms of environmental performance.
Goals . Progressively reduce the country's ecological footprint.
. Achieve that 100% of the country's Protected Wild Areas have a plan for the management of their natural resources.
. Reduce greenhouse gas emissions associated with public transportation systems. Achieve that 100% of the country's territorial planning plans incorporate the environmental variable and the watershed planning approach.
. Reduce the amount of national soil in a condition of inadequate use.
Biological diversity It refers to "the variability of living organisms from any source, including, among other things, terrestrial and marine ecosystems (...) and the ecological complexes of which they are part; includes diversity within each species, between species and of ecosystems[1][1]." In particular, Costa Rica possesses immense riches in terms of biodiversity, "... it is cataloged among the richest countries in biodiversity per unit area; it shares close to 80% of its biological wealth with the countries of the Central American region, which is considered mega-diverse and a biodiversity hotspot." [2][2] Guideline 9:
The conservation and responsible management of national biological diversity will be promoted through territorial planning plans, at the different planning scales.
Guideline 10:
Plans or authorizations for the use and exploitation of natural resources, as well as the establishment of any type of human activity, must consider biodiversity and its sustainable use, especially when these plans or authorizations affect biodiversity in marine and terrestrial territory.
____________________ Guideline 11:
Instruments for territorial planning in the Exclusive Economic Zone (Zona Económica Exclusiva, ZEE) and the maritime-coastal zone will be promoted, which include the following axes: a) efficient and effective administration and planning of the marine and coastal resource, b) maritime security, c) ratified international agreements.
Guideline 12:
The sustainable use of marine resources for their preservation will be fostered, seeking to minimize overexploitation.
Carbon neutrality It refers to actions related to the reduction of Greenhouse Gases.
Guideline 13:
The use of alternative transportation systems and the reorganization of public transportation will be promoted, in order to reduce the GHG emissions released into the atmosphere.
Watershed and water resource management It refers to the management that humans carry out, in an integrated manner in hydrographic basins, to exploit, conserve, and restore water resources, with the aim of obtaining optimal and sustained production.
Guideline 14:
The State will promote the comprehensive management of hydrographic basins in the various territorial planning plans, in order to reduce risk in human settlements, minimize the impact on coastal zones, and guarantee the conservation, use, and responsible exploitation of natural resources, giving special attention to water resources as an indispensable means for development. Intermunicipal association and association among more State entities will be encouraged for the joint management of hydrographic basins, as a strategy for the protection and conservation of water resources with a view to climate change adaptation.
Environmental education It refers to the dynamic and participatory process that seeks to awaken in the population an awareness that allows them to identify with environmental problems, both globally and locally, and to promote a harmonious relationship between the natural environment and anthropogenic activities, through sustainable development.
Guideline 15:
Processes, generation of knowledge, and awareness in State institutions and in the men and women of the population, about the importance and application of instruments for territorial planning and current environmental legislation, will be encouraged.
Soil use and management It refers to all those actions aimed at reversing soil degradation processes, related to agricultural practices, food security, and watershed management.
Guideline 16:
The conservation and management of soils will be promoted in an integrated and sustainable manner. As part of this management, the reduction of rural soil consumption for real estate urban expansion will be promoted; for this, agroecological zoning processes and the fight against soil degradation will be strengthened.
9.3 Territorial competitiveness Territorial competitiveness consists of the capacity to permanently produce goods and services, at least matching the efficiency standards of other suppliers, in terms of product quality and factor use; while maximizing utility and increasing the real income of citizens, within a climate of macroeconomic stability.
With respect to the current situation of Costa Rican competitiveness, it should be noted that, among its main strengths are: the quality of education, high life expectancy, the low impact of certain diseases, tourism potential, integration into international markets (in 25 years, it went from 4 basic export products to more than 140), and the strategic position.
However, there are other factors that threaten national competitiveness, among them: macroeconomic instability, the poor state of infrastructure, excessive and inefficient bureaucratic processes, scarce technological innovation, difficult access to credit, the high margin of financial intermediation, high rates of crime and violence, and low secondary and tertiary enrollment rates. To this must be added the fact that the country's conflict does not lie in entering the foreign market, but in remaining exporting under international competitiveness parameters (high exporter dropout rate).
In this sense, Costa Rica has made efforts to increase competitiveness through the signing of some international agreements. Thus, for example, in 2006, the Competitiveness and Environment Program (Programa de Competitividad y Medio Ambiente, CYMA) began, articulated in two consecutive stages, of three years each, to end in 2012. Said program is framed within the Costa Rican-German Technical Cooperation Agreement, dating from 1965. As part of this program, together with the Solid Waste Plan of Costa Rica (PRESOL), an updated management of said waste is promoted, which includes its utilization; as well as an environmentally friendly behavior of the private sector, through technology transfer and the formation of public-private alliances.
On the other hand, in 2011, the Ministry of Economy, Industry and Commerce (MEIC) of Costa Rica and the Rector's Office of National Postgraduate Schools of Mexico signed a technical cooperation agreement; in order to apply the model developed by the Tecnológico de Monterrey (based on economic performance, government efficiency, business efficiency, and infrastructure) for the competitiveness of the Mexican states, in the Brunca Region of Costa Rica and, later, in the rest of the country.
Furthermore, in that same year, MEIC entered into a cooperation alliance with the World Bank (BM), with the purpose of improving the local investment environment, as well as the competitiveness indices in the ranking called "Doing Business". Said project has a duration of 18 months and focuses on three priority action areas: digital government, construction procedures, and cross-border procedures; in order to reduce response times, as well as procedures and paperwork, at the governmental level.
Consequently, the Territorial Competitiveness Axis aims to address, in a general manner and from a regional approach, the main aspects that make up said theme; through the proposal of a series of pertinent guidelines that will guide the country's actions for the next 30 years.
Objective of the Axis To promote the constant improvement of the variables that intervene in the development of a competitive territory for men and women, through the joint action of the State, private enterprise, and civil society; in order to raise efficiency and quality standards in productive matters, while enhancing the living conditions of the population.
Goals . Promote the development and implementation of updated regulatory plans in the 81 municipalities of the country.
. Promote the development and implementation of territorial planning plans in the 6 regions of the country.
. Significantly reduce the amount of annual losses associated with the impact of disasters on national infrastructure.
. Promote the development and implementation of regulatory plans for all coastal zones of tourist interest in the country.
. Reduce the average time required for the review, processing, and updating of territorial planning plans.
. Encourage that 100% of the country's municipalities have a cadastral mosaic and an updated property-value platform.
Public management It refers to the implementation of all the processes, methods, and administrative instruments of the public sector, necessary to achieve strategic objectives and, therefore, the well-being of the population. It alludes to elements such as: the institutional framework, legal security (land ownership), bureaucracy, corruption, the quantity and effectiveness of procedures, the approval of construction permits, the quality of public services, digital government, etc.
Guideline 17:
The strengthening of municipal capacities, the establishment of legal, administrative, and financial mechanisms that allow local government, in the exercise of its autonomy, to manage the planning of its territory will be fostered, and territorial planning at the regional level will be strengthened.
Guideline 18:
A simplification strategy will be applied for the processing of territorial planning plans, so that their approval and updating is carried out in an expeditious, systematic, and periodic manner, making it easier for local governments to have said instrument for the administration of their territory.
Guideline 19:
Actions will be undertaken aimed at updating national legislation on planning and territorial planning matters, in order to harmonize existing regulatory bodies, define the necessary competencies and coordination at the inter-institutional and intersectoral level, and promote the joint participation of the State and the private sector.
Guideline 20:
The planning and formulation of state public investment projects must follow the guidelines established in the current territorial planning plans, and incorporate the technical analysis of associated risk factors, in addition to the pertinent environmental impact studies. If such plans do not exist, the relevant coordination must be established with the entities in charge of regional and local urban development.
Guideline 21:
The cascade development of territorial planning plans will be promoted, according to a hierarchical system at the national, regional, and local level, the National System of Cities will be strengthened, and the guidelines determined for these purposes by the National Urban Development Plan will be followed.
Guideline 22:
Relations with other actors of the Central American and Mesoamerican region will be promoted, in terms of territorial planning, in order to participate in the management processes of the Central American Territorial Planning Agenda and the Mesoamerica Project.
Tourism potential It refers to the set of goods and services of a country, as well as its historical and natural heritage, that can be transformed into a tourism product capable of attracting a person, to the point of traveling from their place of residence to a specific territory; in order to satisfy their needs for recreation, leisure, rest, culture, scientific knowledge, food, and health, among others.
Guideline 23:
The State will strengthen the sustainable management of tourism, community tourism, and agroecotourism, so that the environmental and landscape value becomes a competitive strategy for national tourism development.
Guideline 24:
The necessary intersectoral coordination will be promoted so that infrastructure development has a direct link with national tourism development, so that current supply and demand is consolidated and the tourist offer within the territory is diversified.
Technological innovation It refers to the relationship between the output obtained and the resources used to generate it. Understanding productivity as the indicator that links the quantity of product obtained and the quantity of resources used, it can be stated that productivity maintains a close relationship with the continuous improvement cycle. Thus, generally, the greater a country's productivity, the greater its possibilities of being competitive.
Guideline 25:
The generation, availability, and universal access to information for territory management will be strengthened, so that legal security is increased and base territorial information is standardized, in order to contribute to a technical and effective decision-making process, as well as to greater simplification and streamlining of procedures.
Guideline 26:
Research and innovation practices in territorial planning matters will be encouraged, by men and women, keeping in mind criteria of gender equity and risk management, in order to support institutions and entities with technical competencies in the field.
10. Territorial Planning Plans (POTs) Territorial Planning Plans (Planes de Ordenamiento Territorial, POTs) are the planning instruments par excellence. These plans will be handled at the national, regional, and local scale and will be carried out and implemented by the institutions determined by the current regulations.
In the construction of POTs, there must be close coordination between the different institutions in charge of managing and determining the different land uses. Municipalities will be in charge of planning urban and rural areas at the local scale that are not under any special land regime. For these purposes, the guidelines of the Urban Planning Law (Ley de Planificación Urbana) and the Soil Management and Conservation Law (Ley de Manejo y Conservación de Suelos) will govern, provided that the introduction of the environmental variable has been carried out, according to the legal framework.
In the context of the review of the legal framework on territorial planning and specifically on the topic of POTs at the cantonal level, this instrument must be reviewed so that its scope, degree of complexity, and processing before the corresponding national entities are consistent with the scale and number of inhabitants of the different municipalities.
Municipal territory planning will be carried out taking into consideration intermunicipal, metropolitan, and regional relations; and must address conditions of ethnic and cultural diversity, recognizing pluralism and respect for differences.
POTs must transcend mere land-use zoning (zonificación del uso del suelo), to become instruments for the development of the main structures of local and regional interest, such as the environmental structure, housing, infrastructure, networks, public transportation, socio-economic structure, among others. At the local level, POTs will be strictly linked to Municipal Development Plans and must have a horizon defined by specific objectives over a twelve-year term, thus transcending municipal election periods.
At the regional level, POTs will define the development structures to be considered by the municipalities, through priority and national interest guidelines. These structures will be determined according to the purposes set forth in article 29 of the Organic Environmental Law (Ley Orgánica del Ambiente): "Optimally locate, within the national territory, productive activities, human settlements, public use and recreational zones, communication and transportation networks, wild areas, and other vital infrastructure works, such as energy units and irrigation and drainage districts." The regional development objectives established by the POTs must obey the long-term national policies made official and under follow-up by MIDEPLAN. Therefore, the POTs must incorporate, according to their pertinence, the necessary actions for the fulfillment of the PNOT objectives.
In the POTs, special attention will be given to the determination and location of risk zones not suitable for the location of human settlements, whether due to vulnerability and environmental threat, or for health reasons.
In general terms, the POTs must develop the strategic planning of the entirety of the urban and rural territory they are responsible for planning, and must respect the guidelines for each special land regime, as detailed below:
. In coastal areas, the regulations established in the Maritime-Terrestrial Zone Law (Ley de la Zona Marítimo Terrestre) and the urban legislation linked to this special land regime will govern. Coastal POTs must have, as a conceptual and strategic basis, the cantonal development plan and the local territorial planning plan.
. In areas declared under some category of soil protection regime, the guidelines of the Soil Use, Management, and Conservation Law (Ley de Uso, Manejo y Conservación de Suelos), administered by MAG, will govern.
. In protected wild areas and the State's natural heritage, whatever their category, established by current legislation under the Organic Environmental Law (Ley Orgánica del Ambiente) and the Biodiversity Law (Ley de Biodiversidad), and under the administration of SINAC, the guidelines established in said laws and other related ones will govern.
. In indigenous territories, the Indigenous Law of Costa Rica (Ley Indígena de Costa Rica) will govern. Said territories will be under the administration of the indigenous communities, which must actively participate in the formulation of local or regional territorial planning plans for their respective territories.
. In rural territories, the regulations of INDER will govern, which will have a preponderant role in the formulation of territorial rural development plans, in accordance with chapter 13 of Law Nº 9036.
11. Management Mechanisms In order to achieve progress on the goals set by the PNOT, MIDEPLAN will be in charge of ensuring the systematic and uninterrupted inclusion of the strategic themes determined therein, as part of the National Development Plans of the upcoming administrations.
The PLANOT will define the strategic actions, programs, and projects that must be included in the matrix of the Territorial Planning and Housing Sector, or failing that, in the matrix of the sector related to the strategic action to be incorporated. The PLANOT will have a four-year horizon, with its review and updating carried out based on the progress of the goals stipulated in each axis of the PNOT. This review will be carried out two years after the presidential elections, so that the actions proposed in the different National Development Plans follow a logic of continuity over time and are not modified with each new administration.
For coordination purposes, the National Territorial Planning System (Sistema Nacional de Ordenamiento Territorial, SNOT) will be established, which will have the National Territorial Planning Council as its political direction body. This council will be constituted based on the National Urban Planning Council, and will act as the head of SNOT.
The Council will be the body in charge of the implementation and management of the National Territorial Planning Policy and will seek the strengthening of municipal work for the achievement of goals at the regional and local level.
The Ministry of Housing and Human Settlements will act as head of the National Territorial Planning Council and as a technical support body for said Council. The Minister of Housing and Settlements will be in charge of convening and directing the council's sessions in close coordination with MIDEPLAN.
The following high-ranking officials will form the National Territorial Planning Council:
. Minister of Housing and Human Settlements (MIVAH) . Minister of Planning and Economic Policy (MIDEPLAN) . Minister of Environment, Energy, and Telecommunications (MINAET) . Minister of Agriculture and Livestock (MAG) . Minister of Public Works and Transport (MOPT) . Minister of Decentralization and Local Development . Minister of Finance (MH) In addition, the executive presidents of the following institutions will be part of the council:
. National Institute of Housing and Urbanism (INVU) . National Emergency Commission (CNE) . Costa Rican Tourism Institute (ICT) . Institute for Municipal Promotion and Advisory Services (IFAM) . Costa Rican Electricity Institute (ICE) . Costa Rican Institute of Aqueducts and Sewers (AyA) . National Geographic Institute (IGN) . National Institute of Rural Development (IDA/INDER) . National Registry (RN) . National Institute for Innovation and Transfer in Agricultural Technology (INTA) . National Groundwater, Irrigation, and Drainage Service (SENARA) . Municipal Federations and any intermunicipal entity created for regional planning.
Other ministries, autonomous institutions, municipalities, and other actors whose functions have an impact on the achievement of the PNOT's goals may equally be incorporated into the National Territorial Planning Council. Furthermore, said council will work jointly with the institutions in charge of the administration of the national marine-coastal territory, to define the appropriate mechanisms for the proper management of the national continental shelf.
For the achievement of the PNOT's goals and in order to provide greater resources to local governments for the administration of the territory and in general to all the institutions that make up the SNOT, as a first step, the necessary mechanisms will be established for the administrative, legal, and financial decentralization of territorial planning to local governments and the strengthening of federations and intermunicipal entities for addressing the planning of the different regions of the country.
With the objective of measuring the impact of the PNOT and monitoring eventual territorial, environmental, and social transformations, the PNOT Monitoring and Evaluation Indicator System (SISE-PNOT) will be implemented. This instrument will allow for compiling and analyzing updated indicators from the different thematic areas covered by the PNOT.
The SISE-PNOT is based on the goals of the different axes of the PNOT, starting from a diagnostic baseline, to subsequently monitor the changes in the reality that is the policy's starting point. At the same time, this system will allow the Institutions of the sector to monitor their own actions, in such a way that they can verify the degree of compliance with the goals established by the PNOT.
Finally, it is worth noting that as a core part of the mechanisms necessary for the advancement of the PNOT's goals, the implementation of instruments in favor of local governments will be promoted in the following fields:
1. FINANCIAL INSTRUMENTS State participation in the capital gains generated thanks to territorial management and infrastructure investment.
For these purposes, the principle of equitable sharing of burdens and benefits will be promoted, in addition to the creation of new value capture mechanisms. The product of these mechanisms will focus on investment in infrastructure, housing, and the strengthening of the institutional framework in charge of planning and territorial planning.
2. LAND MANAGEMENT INSTRUMENTS Preferential right of the state for the acquisition and management of urban land.
For this, work will be done on the implementation of new instruments that encourage the maximum use of urban land, through the progressive real estate tax on idle lands, declaration of public interest over strategic lands, readjustment or reconfiguration of zones and quadrants of urbanistic importance.
Transfer of building potential.
A tool that allows the Local Government to manage the desired city model, by encouraging densification, expansion, heritage protection, and environmentally fragile zones processes.
3. PUBLIC-PRIVATE PARTNERSHIP Establishment of instruments that allow strategic alliances between the private sector and the State for carrying out priority urban transformations and developments.
Creation of the necessary legal mechanisms for the establishment of public-private alliances and consorted urban operations, when seeking to make the common good prevail over the particular interest, through urban renewal, the construction of public infrastructure, the creation of more and better public space, investment in mobility and public transportation, basic services, among others.
In order for local governments to make use of the land management instruments derived from the PNOT, it is necessary that they have current Regulatory Plans or POTs updated according to national legislation on the matter.
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