2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1A - Planning Board (§§ 62 — 66c) › Subchapter I - Organic Act (§§ 62 — 63j) › § 62j - General functions and powers

The Board shall have the following functions and powers:
(1) To adopt standards and regulations for its general operation.
(2) To sue and appear before all the courts of justice, boards, commissions and other bodies of a similar nature, represented by its own counsel or by any private attorney whom it may retain for such purpose in order to achieve compliance with this subchapter. The Chairman of the Board may request the Secretary of Justice to appoint attorneys of the public interest as special prosecutors to handle proceedings for violations of the laws and regulations, administered by the Board or of orders issued by it.
(3) To prepare, adopt and recommend to the Governor and the Legislature the Integral Development Plan, as defined in § 62 l of this title.
(4) To adopt and approve the regulations authorized herein, the Zoning Regulations, the Subdivision Regulations and any others that may be necessary to achieve the purposes of this subchapter; to adopt and approve the regulations any other act may authorize it to promulgate for any special purpose; and to approve the regulations which, pursuant to §§ 71 et seq. of this title or any other act, should be adopted by the Permit Management Office.
(5) To adopt and approve the zoning maps and amendments thereto according to the procedure established herein.
(6) To adopt, within the scope and purposes of this subchapter, and upon authorization of the Governor, any emergency regulation, amendment to existing regulation in cases of emergency, or provisional order, when it determines that there exists imminent danger to health, safety, order, coexistence, prosperity, defense, culture, economic stability, natural resources and general welfare. It shall include in said regulation, amendment to existing regulation or provisional order the reasons that make its promulgation necessary; Provided, That the same shall take effect once it is adopted and only while the situation that gave rise to its promulgation exists or for a period of time not exceeding ninety (90) days.
Within fifteen (15) days subsequent to the approval of the regulation, amendment to existing regulation or provisional order thus adopted, the Board shall commence to hold the public hearing for the consideration of said regulation, amendment to existing regulation or order, after giving notice to the public with at least five (5) days in advance of the hearing, of the date and place thereof, in one of the newspapers of general circulation in Puerto Rico. Failure to begin holding the public hearing within the term herein established shall render the regulation, amendment to existing regulation or provisional order promulgated without any effect or validity whatsoever.
The Governor may at any time set aside the regulation, amendment to existing regulation or provisional order so adopted.
Whenever it is sought that the effectiveness of the regulation be extended for more than ninety (90) days, or that it be in force permanently, the procedure established in §§ 62z, 63 and 63b of this title for its adoption shall be complied with.
(7) To dispense with compliance with one or several of the regulation requirements in order to obtain the maximum utilization of the land and in pursuit of the objective to put into practice the compact urban development; or in cases in which a use, not permitted but compatible with the essential character of the district, the application of the regulation requirements may result in the unreasonable prohibition or restriction of the enjoyment of a holding or property and it is shown, to its satisfaction, that said dispensation will mitigate a prejudice clearly provable, and it may impose such conditions as the case may warrant for the benefit or protection of the public interest.
(8) To issue provisional orders prohibiting the urbanization or development of lands or the construction of structures or installations in violation of this subchapter and its regulations.
(9) To issue orders to do or not to do and to cease and desist for the taking of preventive or control measures which in its opinion are necessary to achieve the purposes of this subchapter and its regulations. The natural or artificial person against whom an order is issued under subsections (8) and (9) of this section may request an administrative hearing to set forth the reasons for the Board to consider to revoke, modify or otherwise uphold said order. The resolution, order or decision of the Board may only be reviewed by the Court of First Instance, San Juan Part, or the Part whose jurisdiction comprises the place where the project is located, and the same shall remain in full force and effect until the court decides otherwise.
(10) To impose administrative fines of not less than one hundred dollars ($100) nor of more than five thousand dollars ($5,000), pursuant to the procedure that may be established by regulations adopted under the provisions of §§ 62z, 63 and 63b of this title, on any person who fails to comply with any regulation or order of the Board, adopted on the basis of the functions and powers assigned to it by this or any other acts. Furthermore, according to the regulations promulgated to those effects, the Board may impose as an additional penalty attendance to courses or workshops previously prepared, organized or approved by the latter related to the integrated development of the Commonwealth of Puerto Rico, taking into consideration the prevailing environmental needs so that the people and the natural resources may fairly share in the process for the distribution of land.
(11) To prepare, adopt and recommend to the Governor a Four-Year Investment Plan, as defined herein.
(12) To submit to the Governor and to the Legislature simultaneously, an annual economic report, as defined herein.
(13) To prepare and adopt land-use plans pursuant to the provisions of this subchapter.
(14) To make rulings on the use of lands within the territorial boundaries of the Commonwealth of Puerto Rico, subject to the norms and requirements established herein or in any other applicable law for such cases.
(15) To adopt expressions on Public Policy that propitiate implementing the Integral Development Plan of Puerto Rico whenever it deems it necessary, to recommend them to the Governor for approval. The Chairman shall implement the diffusing mechanism he may consider most effective to furnish the community with the necessary information on the official work of the Board.
(16) To approve the operating budget of the agency that may be submitted to it by the Chairman for each fiscal year, together with the work plan and the priorities which served as a basis for said budgetary recommendations, including the resources necessary for each member of the Board to be in a position to comply with the duties incumbent upon him pursuant to the provisions of this subchapter.
(17) To organize regional offices in accordance with its needs.
(18) To delegate to any of its officers, employees, bureaus and regional offices the duties and responsibilities which, according to the Planning Regulations, or by law, are reserved for the Board, except such duties or responsibilities which by their nature cannot be delegated to the Parts. Such delegation may be effected through adoption by the Board of a resolution or rule.
(19) To delegate to the Permit Management Office such duties and responsibilities as by law or pursuant to the Planning Regulations are reserved for the Board, in the following cases:
(a) Cases or determinations involving any of the following conditions:
(i) That require action in the “operational phase”, as defined herein;
(ii) that the structuring or decision to be adopted does not require the establishing of a general policy or a definition of public policy because these have already been established or adopted by the Board;
(iii) that the Board determines, in light of the function of said Administration, that the cases may be decided or the determination may be adopted with greater speed or efficiency by the Administration;
(iv) that the delegation of said cases to the Administration does not cause undue hindrance to said agency in performing the functions imposed by law, and
(v) that the Board has not reserved exclusive jurisdiction to manage said cases and the same are related to unzoned areas.
In these cases, the decisions that may be made by the Administration shall not establish a general policy or define the public policy, which responsibility lies within the exclusive jurisdiction of the Board.
(b) The adoption of amendments to the zoning maps in areas previously zoned and the consideration and determination of location and public projects consultations, except in those cases where the Board decides to delegate such functions to the local or regional planning commissions or other bodies.
Every delegation by the Board to the Administration pursuant to the provisions herein shall require a resolution adopted by the Board stating the guidelines, facts and conditions and any other necessary information so that the action delegated be sufficiently precise, and it shall not take effect until approved by the Governor or the officer whom he may delegate, except as otherwise provided herein. The delegations made by the Board under this subsection, including those governing appellate proceedings, shall be governed by the provisions of law and regulations that would have been applicable thereto if the Board had made the corresponding determination or decision and, likewise, by those which govern said Administration insofar as compatible.
The determinations adopted by the Administration on the basis of the delegations authorized herein shall be consistent with the policies, norms and regulations adopted by the Board.
(20) To study, at its own initiative or at the request of any officer of any government body or of any person, any planning problem, if it deems it convenient or necessary, or when the public interest so requires.
(21) To submit simultaneously an annual report of its activities to the Governor and the Legislature.
(22) To exercise the other powers and comply with all the responsibilities that this subchapter or any other act confers on it and to take the necessary steps to achieve their purposes.
(23) To create any commission, committee, office, subdivision or other analogous body which it deems convenient or necessary to achieve the purposes of this subchapter.
(24) To establish the information requirements of public-policy formulating process and to develop and adopt guidelines and norms aimed at meeting such requirements. To require all necessary information for complying with the purposes of this subchapter.
(25) To examine and see to it that the determinations of general policy and regulations of the government bodies conform to the regulations, plans and policies established by the Board.
(26) To encourage and coordinate the basic surveys and research on the development of the country to be carried out by the public bodies, as well as to formulate the general priorities to finance this type of research.
(27) The Board shall appoint a Citizens Advisory Council representing to the upmost the different sectors of the Puerto Rican society, in order to provide, among others, advice on the process of formulating, adopting and evaluating policies, plans and development programs.
(28) To adopt an official seal, of which official notice shall be taken by all government bodies of the Commonwealth Government of Puerto Rico, for the proper authentication of its order, resolutions or agreements, and certified copies of its orders, resolutions, decisions or agreements issued by the Secretary of the Board, under the seal thereof, shall be considered, like the original, evidence of their content.
(29) Require that any government body or private entity furnish any information or statistical data it deems necessary for a better planning of the economic, physical, environmental and social development of Puerto Rico as well as to conduct analysis and scientific research on the aspects of the Puerto Rican economy and society and to disclose information on said aspects. The information or the data thus furnished shall be used solely for the purposes for which they were requested and shall not be used for any other purposes without the previous written authorization of the person who furnished the same.
History —June 24, 1975, No. 75, p. 183, § 11; Aug. 9, 1995, No. 123, § 2; Sept. 12, 2001, No. 129, § 1; Dec. 26, 2006, No. 294, § 1; July 13, 2007, No. 68, § 4; Aug. 9, 2008, No. 213, § 2.