DOMINICAN REPUBLIC Law and Practice Contributed by: Alfredo Guzmán Saladín, Fabio Guzmán Ariza and Julio Brea Guzmán, Guzmán Ariza
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning The main law governing zoning in the country is Law 975/44, dated 29 June 1944, regarding urbanisation and public adornment. Furthermore, Law 64-00, dated 25 July 2000, the General Environmental and Natural Resources Law, also sets forth a series of provisions regard - ing zoning in determined regions of the national territory, and also includes a series of limita - tions with regard to the use of lands declared as national parks, as well as protected areas. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction In the Dominican Republic, methods of con - struction are regulated primarily by the Ministry of Public Works and the Ministry of Environment and Natural Resources, as they must comply with environmental regulations and construction must not harm the environment. Exceptions apply in some areas designated as protected spaces, such as the Colonial Zone, where design, construction and appearance must be pre- approved by the Ministry of Tour - ism. 4.3 Regulatory Authorities All land use matters are handled by munici - palities, the Ministry of Tourism (in tourist areas) and the Ministry of Environment and Natural Resources. The municipalities and the Ministry of Tourism establish the general rules regard - ing use (eg, residential, commercial, industrial, mixed, density and maximum height). Any con - struction or development that may affect the
environment must also be approved by the Min - istry of Environment and Natural Resources. 4.4 Obtaining Entitlements to Develop a New Project In order to develop a new project, approval and permits must be obtained from the following government agencies: • City hall – land use clearance is locally pro - cessed. At the same time as the plans are submitted to the local city hall for evaluation and clearance, an environmental authorisa - tion is submitted. • Ministry of Environment and Natural Resourc - es – the environmental impact of the project is evaluated. This process includes a public hearing, allowing for third parties to partici - pate and object to the request. • Ministry of Tourism – for projects being developed in tourism areas, requests and documentation are submitted to the Ministry’s Department of Planning for evaluation. • National Water System – this is in charge of evaluation and approval of the hydraulic and sanitary design plans. • Ministry of Public Works – once the plans are approved by the previous entities, the Minis - try of Public Works issues a building permit. 4.5 Right of Appeal Against an Authority’s Decision If the application for permission or authorisa - tion has been denied by any of the institutions involved in the process, the applicant has the right to appeal to the same institution where it was denied. If the reconsideration is again denied, an administrative appeal should be sub - mitted to the immediately superior government authority.
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