April 10 (Land Use Planning) PDF

LAND USE PLANNING:
Integrating Ecosystem and Special Study Areas

Ms. Elizabeth C. Bandojo, EnP
Technical Planning Personnel
HLURB
April 9-10, 2016
CHE Multi Purpose Hall
Short Course on Environmental Planning 1

DCERP & HUMEIN Phils. Inc.
OBJECTIVES:
To provide a comprehensive background on legal
1 bases of planning, general principles and concepts
affecting land utilization and allocation
2 To discuss the implementing tools of land use plan
To present the highlights of the HLURB CLUP

3 Guidebook 2014

General Topic Outline:
Legal Bases of Land Use Planning
Land Classification/Reclassification
Land Allocation and Utilization
Development Control and Incentive

Legal Mandate
• 1987 Constitution Article XIII, Sec. 1

– To this end, the State shall regulate the
acquisition, ownership, use and disposition
of property and its increments

“
The use of property bears a social function and all
economic agents shall contribute to the common
good. Individuals and private groups, including
corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish
and operate economic enterprises, subject to the
duty of the State to promote distributive justice and
to intervene when the common good so demands
„
- Article XII, Section 6

Legal Mandate
RA 7160 Sec. 20 (c)
The LGU shall, in conformity with existing law,

continue to prepare their respective CLUP enacted
through the zoning ordinances which shall be the
primary and dominant bases for the future use of land
resources.

Legal Mandate
• Sec. 447 (2)(ix)-Municipality / Sec 458 (2) (ix)-City
“Enact integrated zoning ordinances in consonance
with the approved CLUP, subject to existing rules and
regulations, ….”
• RA 7160 sec 447 (2)(vii)/sec 458(2)(vii)

– “Adopt a CLUP for the municipality :Provided, that
the formulation, adoption, or modification of said
plan shall be in coordination with the approved
Provincial Comprehensive Land Use Plan
Legal Mandate
• RA 7160 Sec. 447 (a)(2)(vi)/ Sec. 458 (a)(2)(vi)

– Prescribe reasonable limits and restraints on the use
of property within the jurisdiction of the municipality
• Sec. 444 (b)(3)(vii)/ Sec. 455 (b) (3) (vii)

– “Adopt measures to safeguard and conserve land,
mineral, marine, forest and other resources of the
municipality

Legal Mandate
• Article Six-The Planning and Development
Coordinator /Sec. 476 Qualifications, Powers and
Duties
– (b)(1)”Formulate integrated economic, social, physical
and other development plans and policies for
consideration of the local development council
– (b)(5)”Prepare comprehensive plans and other
development planning documents for the
consideration of the local development council

Legal Mandates
Sections 1 (a, c) and 2 (a, e, f):

EO 648
(Reorganizing the Human Settlements Regulatory Commission)
Section 5, Article II:

To promulgate zoning and other land use control
standards and guidelines which shall govern land use
plans and zoning ordinances of local governments.”
Short Course on Environmental Planning

Basic Land Use Planning Concept
• Land is viewed as a shared natural resource, much

like air and water found therein, to be conserved and
cared for with due regard for its effect on society as a
whole and for the conditions in which it will passed on
to the future generations
• Land is also viewed as property- a private commodity

which can be owned, used, bought or sold for
personal comfort and profit

Basic Rights Pertaining to
Land as a Property
Surface Right
Productivity Right
Development Right
Pecuniary Right
Restrictive Right
Disposal Right
Basic Land Use Planning
Concept
• LAND USE PLANNING

refers to rational and judicious approach of
allocating available land resources to different land use
activities (agricultural, residential, industrial…) and for
different functions consistent with the overall
development vision/goals of a particular locality

Guiding Principles
• The five goal elements of Philippine Agenda 21 (PA)

– Poverty Reduction
– Social Equity
– Empowerment and Good Governance
– Peace and Solidarity
– Ecological Equity

Guiding Principles
• Planning and Management of Resources under National

Framework for Physical Planning (2001-2030)
– Food Security
– Environmental stability and ecological integrity
– Regional Urban Development
– Spatial Integration
– Equitable Access to Physical and natural resources
Guiding Principles
Planning and Management of Resources under

National Framework for Physical Planning (2001-
2030)
– Private-public sector partnership
– People Empowerment
– Recognition of the rights of IP
– Market Orientation

Principles and approaches in
Land Use Planning
• Watershed as platform for land use planning

• Inclusive and expansive governance
• Co-management principle
• Gender responsiveness and sensitivity

Principles and approaches in
Land Use Planning
• Integration of Barangay Development Plans

(Bottom-Up Approach)
• Top-to-Bottom Approach

Land Classification
Philippine Constitution Article XII-Regalian Doctrine
Section 2.
• All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential
energy fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the
State.

Land Classification
Section 2.
• With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be
under the full control and supervision of the State. The State
may directly undertake such activities, or it may enter into co-
production, joint venture, or production-sharing agreements
with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens.
Land Classification
Section 3.
Lands of the public domain are classified into
(1)agricultural, (2)forest or timber, (3)mineral lands, and
(4)national parks. Agricultural lands of the public domain
may be further classified by law according to the uses

to which they may be devoted.

Land Classification
Section 3.
Alienable lands of the public domain shall be limited to
agricultural lands. Private corporations or associations may
not hold such alienable lands of the public domain except by
lease, for a period not exceeding twenty-five years,
renewable for not more that twenty-five years, and not to
exceed one thousand hectares in area. Citizens of the
Philippines may lease not more than five hundred hectares,
or acquire not more than twelve hectares thereof by
purchase, homestead, or grant.
Philippine Constitution Article XII:
Classification of Land

Land Classification defined in
PD 705
• Alienable and disposable lands
– Lands of public domain which have been the
subject of present system of classification and
declared as not needed for forest purposes
• Mineral Lands
– Lands of the public domain which have been
classified as such by the Secretary of Natural
Resources in accordance with prescribed and
approved criteria, guidelines and procedure
PD 705
• National Park
– Forest land reservation essentially of primitive or
wilderness character which has been withdrawn from
settlement or occupancy and set aside as such
exclusively to preserve scenery, the natural historic
objects and the wild animals or plants therein, and to
provide enjoyment of these features in such manner
as will leave the unimpaired for future generations

PD 705
• Forest lands include public forest, the permanent

forest or forest reserves, and forest reservations
– Public Forest: mass of lands of public domain

which has not been subject to the present system of
classification for the determination of which lands are
needed for forest purposes

PD 705
– Permanent Forest or Forest reserves: lands of

public domain which have been subject of the
present system of classification and determined to
be needed for forest purposes
– Forest reservations refer to forest lands which have

been reserved by the President of the Philippines for
any specific purpose or purposes

Waters within A&D Lands
Article 5 Article 6
• Waters belong to the state • Waters found in private
– Rivers and their natural beds lands belong to the state
– Springs and brooks – Continuous or intermittent
– Natural lakes and lagoons waters rising in such land
– Water flowing over lands – Lakes and lagoons
– Atmospheric water – Rainwater falling in such lands
– Subterranean or groundwater – Subterranean or groundwater
– Seawater – Waters in swamps and
marshes
PD 1067 (Dec. 31, 1976) Chapter II WATER CODE OF THE PHIL.

Classification of Foreshorelands
Definition
Governing Laws
under Fishery Code
• A string of land margining a • Commonwealth Act No.
body of water, the part of a 141or The Public Land Act
seashore between the low-water • The 1987 Constitution
line usually at the seaward • Republic Act No. 8550
margin of a low tideterrace and
the upper limit of wave wash at
high tide usually marked by a
beach scarp or berm

LAND RECLASSIFICATION
Agricultural to
Forest into Agriculture
Non-Agricultural Use
• Reclassification in terms • Reclassification in terms

of use of legal land status

RA 7160 sec. 20
Reclassification of Lands Conditions
• A city or municipality may, • When the land ceases to be

through an ordinance economically feasible and
passed by Sanggunian after sound for agricultural purposes
conducting Public Hearings as determined by DA
for the purpose, authorize
the reclassification of • When the land have
agricultural lands substantially greater economic
value for non-agricultural use as
determined by Sanggunian
concerned
Limitation
LGU Classification for reclassification
• For highly urbanized and • 15%
independent component
cities
• For component cities and 1st • 10 %
to 3rd class municipalities
• Fourth to sixth class • 5%
municipalities
Prescribing the guidelines governing
MC 54: sec. 20 of RA 7160 (June 8, 1993)
Scope and Limitation Additional Requirement

• Additional Condition: with CLUP • Notify DA, HLURB, DTI,
reviewed and approved as per DOT and other concerned
EO 72 agencies on the proposed
• Reiterated the conditions and reclassification
limitations
– When the land have substantially
greater economic value for non-
agricultural use as determined by
Sanggunian concerned
MC 54: sec. 20 of RA 7160 (June 8, 1993)
Scope and Limitation

• Lands that cannot be subjected to reclassification
– Lands distributed to CARP beneficiaries
– Lands already issued a notice of coverage and voluntarily
offered for coverage
• Covered by A0 20 s. of 1992
– All irrigated lands
– All irrigated lands where water is not available
– All irrigable lands already covered by irrigation project with
firm funding
Requirements and Procedures of Reclassification

MC 54: sec. 20 of RA 7160 (June 8, 1993)
Highlights:
A Guide to Comprehensive Land
Use Plan (CLUP) Preparation, 2014

 The need to mainstream climate change local land use
policies and development strategies; and
strengthening disaster risk reduction management
 The need to have an all-inclusive physical plan by

integrating our coastal and forest lands in
city/municipal land use plans

Elements of the Enhanced
Guidebook

A Guide to Comprehensive
Land Use Plan Preparation 2014

CLUP Guidebook Volume 1:
Procedural Steps in the preparation of

Comprehensive Land Use Plan and Zoning Ordinance

Important Points to Remember in the
Planning Process
1. Organize
2. Identify Stakeholders
Tools for Stakeholder Analysis
1. Stakeholder Identification Workshop
2. Venn Diagram and Stakeholder Influence
Diagram
3. Power-Interest Grid
4. Typology of Stakeholder Analysis Methods
5. The Basic Methods of Technology of Participation
TOP
6. Principles of Effective Consultation
Important Points to Remember in the
Planning Process
3. Set the Vision

4. Analyze the Situation
5. Set the Goals and Objectives
6. Establish Development Thrusts and Spatial Strategies
7. Prepare the Land Use Plan*
8. Draft a Zoning Ordinance*
9. Conduct a Public Hearing
10. Review, Adopt and Approve the CLUP
Sectoral Studies and

Tools for Analysis

Model Zoning Ordinance
Different Zones
Zone Boundaries
Use Regulations
District Regulations
Performance
Standards
Mitigating
Measures
Enforcement and
Administration
Penalties
LAND ALLOCATION
AND UTILIZATION

LAND ALLOCATION AND UTILIZATION
12 Step Process in Comprehensive Land Use Planning

Concepts Related to Land:
Land Defined
• Common Sense: the solid portion of earth’s surface
• Legal sense: any ground, soil or earth that is regarded
as the subject of ownership and everything annexed to
it whether by nature or by man
• Economic sense: a natural resource but it can be
“man-made”. As such it is often regarded as a good or
commodity
• Ecological sense: “the natural environment and its
attributes…the surface of the earth and all its attributes
Land Allocation and Utilization
Purpose: Needs to be integrated:
• To translate the development • development thrust and

framework as reflected in the spatial strategy that
describes how, why, when,
Structure Plan into spatial
and where to build, rebuild
dimension, and indicating the and preserve
manner in which land shall be
put to its highest and best use • Vision, transportation,
commodity facilities,
economic development,
critical and sensitive areas
Source: HLURB 2006 CLUP Guidebook , Vol. 1
and natural hazards
Inventory of Existing Land Uses
Forest and
Agriculture Forest Land Category
• Crops • Forest Reserve • Plantation

• Orchard • National Park • Fishpond
• Pasture • Military and Naval • Mining
• Others Reservation • Settlements
• Civil Reservation • Others
• Forest Buffer

Other Categories
• Tourism • Institutional
• Eco-Tourism • Parks and Recreation
• Residential • Land Fill
• Socialized Housing • Cemetery/Memorial Parks
• Informal Settlers • Infrastructure Utilities,
• Commercial Transportation
• Industrial • Others

Water Uses
• Fishery Refuge and • Reef systems • Sea Lanes

Sanctuary • Rivers and Creeks • Port
• Foreshore (Open Space) • Wharf
• Mariculture
• Tourism
• Fishery Reserve • Aquaculture • Others
• Delta/Estuary • Commercial Fishing
• Lakes • Stilts settlements
• Mangrove • Mining and Quarrying
• Seagrass Beds

Land Use Categories
and Color Coding

Color Codes of Existing Land Uses
(FOREST)
(AGRICULTURE)

(Coastal and Marine)
Urban and
Other Land
Uses
Required Maps:
General
Existing Land Use Urban Barangay Maps
General Land Uses: • Detailed Land Uses

• Forest showing urban use
• Agriculture
• Built-up Area

Integration of Ecosystems
Forest Ecosystem Coastal Ecosystem
• FLUP • Delineate Municipal

– Protected Forest
waters
Production Forest
• Assessment of Coastal
Resources
(CBFM, IFMA, SIFMA, – Seagrass
others) – Mangrove
– Multiple Use – Coral Reefs

NAMRIA’s MANDATE
Sec. 123, RA 8550. The Department of Agriculture

shall authorize the National Mapping and Resource
Information Authority (NAMRIA) for the designation
and charting of navigational lanes in fishery areas
and delineation of municipal waters. The Philippine
Coast Guard shall exercise control and supervision
over such designated navigational lanes.
Slide Source: Delineation and demarcation of municipal waters

A presentation adapted from Engr. Mario A. Princer, namria by Ari Barcelona

Section 4(58), RA 8550
Definition of Municipal Waters
1. Streams, Lakes, Inland Bodies of Water and Tidal

Waters
a. Within the municipality
b. Not included within the Protected Areas (RA
7586 or NIPAS Law), Public Forest, Timber
Lands, Forest Reserves or Fishery Reserves
2. Marine Waters


Section 4(58), RA 8550
Definition of Municipal Waters
“Marine waters included between two lines drawn
perpendicular to the general coastline from points where
boundary lines of the municipality touch the sea at low tide
and a third line parallel with the general coastline
including offshore islands and fifteen (15) kilometers
from such coastline. where two (2) municipalities are so
situated on the opposite shores that there is less than thirty
(30) kilometers of marine waters between them, the third line
shall be equally distant from opposite shores of the respective
municipalities.”
Delineating/Delimiting Municipal Waters:
IDEAL SITUATION

DEFINITION OF TERMS
• Delineation – the determination of the outer limits of
the municipal waters of a municipality.
• Delimitation – the determination of boundaries of

municipal waters between adjacent or opposite
municipalities where the delineation of their
respective waters show that their respective
municipal waters overlap.


PROCESS OF DELINEATION
1. Preliminary mapping of the municipal waters.

1. Validation of the preliminary mapping with the local
government units (LGU’s)
2. Revision of the preliminary mapping, if necessary.
3. Certification of the final map and technical description
of the municipal waters.


Basic
Land Uses
Common Land Uses
Quick Look at
Definition
Urban Area(s) – include all barangay (s)

or portion(s) of which comprising the
Agricultural
poblacion Central lands: devoted
business to(CBD)
district crop and
Production
other built uplivestock , fish and
areas including urbanizable
land in and Adjacent
aquaculture to said areas and where
production
at
(RAleast 50% of the population are engaged
8435)
in non-agricultural activities
Common Land Uses
Quick Look at
Definition
Mining area is a portion of contract area

Identified by the contractor for purposes of
Development, mining, utilization, and sites
For support facilities or in immediate vicinity
of the mining operation
Quarrying area: where process of

extracting, removing and disposing quarry
resources found on or underneath the
surface of private or public land
Common Water Uses
Mangrove: is a term applied to the
type of forest occurring on tidal flat
along the Sea coast, extending
along stream where the is brackish

Common Water Uses Quick Look at
Definition
Aquaculture
Mangrove: is a- term
fishery operations
applied to the
involving
type all forms
of forest occurringof raising
on tidaland
flat
culturing
along fishcoast,
the Sea and other fishery
extending along
species
stream in fresh,
where the isbrackish
brackishand
marine areas

Methods for Inventory of Existing
Land and Water Uses
Old Methods New Methods

• Foot Survey • GPS Survey
• Windshield Survey • Google Earth Scanning
Community/Resource Mapping
2. Review the quantified land requirements derived from
sectoral studies, current and projected population, vision and
development thrust (Demand Analysis)
Sectors
• Social Sector • Infrastructure
– Education, Health, Housing, – Transportation,
Peace and Order, Social Welfare, Communication, Waste
Sports and Recreation Management, Power, Water
• Economic Sector
– Agriculture, Commerce and • Environment
Trade, Industrial, Tourism,
Forestry
Consider Ecosystem Analysis and CDRA

Demand
Analysis

DEMAND ANALYSIS
Quick Look at
Requirements
RA 7279 sec. 8 (UDHA)

Identification of sites for socialized housing
and resettlement areas for immediate and
future Needs of the underprivileged and
homeless in the urban areas
RA 9003 sec. 17
Illustration or map of the city/municipality
indicating locations…….dump sites, landfills
and other solid waste facilities…indicate
proposed sites for disposal and other solid
waste facilities
Land Allocation
3. Undertake Inventory of available supply (Supply Analysis)
BASIC CONSIDERATIONS:
• Compliance to basic land use and land use related laws and
issuances
– RA 8435 – Agricultural Fishery and Modernization Act and AO 20
– RA 10121- Disaster Risk Reduction and Mangement
– DAO 15-90- Development and Management of Mangrove Resources
– PD no. 705- The Revised Forestry Code
– PD 1067 - Philippine Watercode
– PD 1096 Building Code of the Philippines
– RA 7586 NIPAS Act
Land Allocation
Undertake Inventory of available supply (Supply Analysis)
issuances
– RA 9147 Wildlife Act
– RA 9729 Climate Change Act
– RA 9072 National Cave and Cave Resource Management and
Protection Act
– RA 7611 SEP for Palawan Act
– RA 8371 Ancestral Domain Sustainable Development Protection
Plan
Land Allocation
Undertake Inventory of available supply (Supply Analysis)
issuances
– RA 8550 Phil. Fisheries Code
– DAO 2004-24 Revised IRR governing the administration and Mgt of
Foreshore Lands
• Legal Land Status
• Existing Built-up Areas
Land Supply Spatial Analysis
for identifying future
development areas
SIEVE MAPPING

Four Land Use
Policy Areas
General Land Use Policy Areas
• Protection • Buffer Areas

Water source - Agriculture and Forestland/
Biodiversity area, … Timberland Buffer Areas
- Industrial/Residential Buffer Areas
- Sensitive Habitat Buffers
- Public Facility Buffers
• Production
residential, commercial, industrial, institutional,
infrastructure, agriculture/fisheries and production forestry
STRATEGIES:
Supply Augmentation Demand Management

• Strategic Interventions • Strategic Intervention
– In-filling of Vacant – Improve Rural Setting
Urban Lands – New Alternative Centers
– Densification – Relocation or
– Urban Renewal or Resettlement
Redevelopment
– Reclamation
– Land Conversion

QUICK LOOK AT SUITABILITY
CRITERIA FOR LAND UTILIZATION
AND WATER USE

Physical Determinants of Land Use
Standard Slope Ranges
Slope
Slope
• The gradient or inclination of Range Description
a surface expressed as the 0-3% Flat or Level Land
ratio of the vertical rise to Very gently to
the horizontal run moderately Sloping
3-8% (Undulating)
Moderately sloping to
8-18% strongly Rolling
Slope or Gradient
Rise 18-30% Strongly Rolling to hilly
30-50% Hilly to mountainous
Run
Above 50 Very Steep
Geomorphology
• Different landforms occurring on the surface of the earth,

such as mountains, plains, coastal areas and the like
– Mountains
– Plains
– Coastal
– Swamplands

Soil Characteristics Particles Diameter in mm
• Soil Texture or the size of Clay less than 0.002

fragments that determines
waterholding capacity Silt 0.002-0.06
(ranging from clay to silt,
sand and gravel) Sand 0.06-2.0
Gravel more than 2.0

Speed of
Runoff Types of Materials
Soil Texture in relation (km/hr) Transported
to Runoff
0.27 Fine Clay
• Runoff is the rainwater that
flows on the ground 0.54 Fine Sand
surface 0.72 Coarse Sand
1.09 Fine Gravel
Pebbles about 2.5 cm
2.18 diameter
Stones about 25 cm
3.26 diameter
Soil Characteristics
• Soil Structure or the
form and shape of
particles (ranging
from granular to
platy)
https://ph.images.search.yahoo.com/search/images
Soil Characteristics
• Soil Fertility or the amount of organic matter present in a
given soil
Two important processes involving soil

R= Rainfall Erosivity
• Soil Erosion and Soil Drainage
K= soil erodibility
L= slope length
Universal Soil-loss equation S= slope gradient
A=RKLSCP C= crop management (or vegetative
cover)
P= erosion-control practice
Suitability Criteria for
Future Development Areas
HLURB CLUP Guidebook 2006 Vol. 1

Philippine Land Capability Classes
(BSWM)
Class A - Very good land with a slope of 0-3%. This can be

cultivated safely and requires only simple but good
management or farming practices.
Class B - Good land with slope of 3-8%. This can be cultivated

safely that needs easily applied conservation practices.
Class C - Moderately good land with a slope of 8-18%. This

must be cultivated with intensive conservation practices.
Limitations may be erosion, excess water or soil condition

(BSWM)
Class D- Fairly good land with 18-30% slope. This must be

cultivated with careful management and complex
conservation practices. Good for limited cultivation and
best suited for permanent tree crops.
Class L- Level to nearly level land that are too stony or too wet
for cultivation. This is limited to pasture or forest use with
careful management
Class M- Steep slopes, 30-50%. Severely eroded and too
shallow for cultivation. This is suited only pasture or forest
but needs careful management.

(BSWM)
Class N - with very steep slope, 50%. This is shallow, rough or

dry for cultivation. Best use for forest with careful
management.
Class X- Wetlands like mangrove, swamps and marshes. Suited
for fishpond or for recreation or conserve for aesthetic
value
Class Y - Very hilly and mountainous and generally barren and
rugged. This should be reforested if trees are found to
survive. These are badlands, riverwash areas and sand
dunes

GENERAL USE OF LAND ACCORDING TO
BSWM CAPABILITY CLASSES
Source: lifted from Sangatanan and Sangatanan by E.M Serote, 2004

Location/Site Criteria Standards
Commercial Areas Industrial Areas

• Urbanized Area • Topo-relatively flat
• Distance fr Residential • Slope-0-2.5%
– Neighborhood center • Good ground water
– Minor CBD resources
– Major CBD
• Good external and internal
• Distance fr: natural drainage
– Schools
• Prevailing wind direction
– Hospital
– Police station
• Land Capability (very good,
– Garbage Disposal Area
good or moderately good
Agriculture Grazing
• Moderate Slopes (15% • Slope is 25%-50% but at least
Maximum) 75% of the area has a slope of
• Soil Type A,B and C less than 50%
(BSWM) • Covered by herbaceous species
• Favorable Temperature • Contiguous area of at least
Condition 1,000 hectare
• Accessible to irrigation, • Soil should be stable, medium to
transport and electricity heavy texture and erosion
• CARP Covered and Prime resistant
Agricultural Lands • Accessible to continuous and
adequate water supply
Tourism: Determining the attractiveness of an area
• Lodging and Food
• Recreation and shopping
• Infrastructure and utilities
• Natural factors
• Peace and order
• Social and cultural factors
• historical

Sewerage Disposal Sanitary Landfill
• Distance from water source • Distance

• Slope – Airport runway
– source of drinking water
• Permeability
– Perennial stream, lake or river
• Percolation Rate >180mm/h
– Holocene Fault or known
• Depth of water table- recent active fault
>180cm
• Bedrock Depth 120m below
the disposal field
Poultry Farms

Piggery Farms

Other Site Criteria
Code on Sanitation of the Philippines (PD 856)

- No artesian, deep or shallow well shall be constructed
within 25 meters from any source of pollution
- No burial ground shall be located within 50 meters from

either side of the river or within 50 meters from any source of
water supply
- A burial ground shall at least be 25 meters distant from

any dwelling house and no house shall be constructed
within same distance from any burial ground

Fresh Surface Water Quality Criteria
(DENR AO no. 34)
CLASSIFICATION BENEFICIAL USE
• Class AA • Public Water Supply Class I

– having watersheds which are uninhabited
and otherwise protected and which require
only approved disinfection in order to meet
the National standards for Drinking Water
• Class A • Public Water Supply Class II

– Water supply for drinking but require
complete treatment (coagulation,
sedimentation, filtration and disinfection)
Fresh Surface Water Quality Criteria
(DENR AO no. 34)
CLASSIFICATION BENEFICIAL USE

• Recreational Water Class
• Class B – Primary contact recreation (bathing,
swimming, ski diving, etc.)
– Propagation and growth of fish and other

• Class C aquatic resources
– Recreational Water Class II (boating)
– Industrial Water Class I (for manufacturing
processes after treatment)
– For Agriculture, irrigation, livestock watering,

other
• Class D – Industrial Water Class II (e.g. cooling)

Establishment of Fish Refuge
and Sanctuaries
The Fisheries Code RA 8550
• Fish Refuge and sanctuaries to be established by the
Department of Agriculture
– At least 25% but not more than 40% of bays,
foreshorelands, continental shelf or any fishing
ground
• A local government unit may establish fish refuge and
sanctuaries
– At lest 15%, where applicable, of its total coastal
area
Major considerations for
location/site criteria standards
Convenience Standards
• Location of land use is
determined by considering
time and distance as the
primary units of measurement
Performance Standards
• The main determinants of
land use areas area health,
safety and amenity

DEVELOPMENT CONTROL
AND INCENTIVES
Tools for Plan Implementation
• Zoning Ordinance
• Tax Incentives and Disincentives
• Expropriation
• Other Development Control

ZONING
Defined
- The division of the city into districts or zones and

prescribing regulations for the use of each district or
zone
- The regulation by districts under police power of the

height, bulk, and use of buildings, the use of the land,
and the density of population.

Political Implications of Zoning
• Withdrawal from individual property owners of

their absolute right to develop their property
• Transfer of individual development right to society

at large by the local government to promote social
equity & general welfare

Technical Implication of New Zoning
under RA 7160
• Zoning should be comprehensive in scope
• Zoning should embrace both land & water use
• Zoning should cover the four policy areas of

settlements, infrastructure, production & protection
areas

Transforming CLUP Land Use Types
into Zoning Categories
The designation of zones or districts by the local

government units shall be based on their
comprehensive land use plan (CLUP). Essentially,
therefore, the technical justifications of zoning lie
with the planning activities that led to the
formulation of the CLUP. (Model Zoning Ordinance of HLURB)

Benefits of Zoning
• Maximum/optimum use of land based on

suitability/capability
• Promotion of public health and safety through
compatible arrangement of various uses
• Preservation of desirable character and real estate
values of the district or zone
• Promotion of the rational and orderly growth of the
community

The Municipal Zoning Ordinance
Tourism Residential
Commercial Forest
Agricultural
Industrial

Color Codes for Philippine Zoning Map (General)
ZONING CATEGORY COLOR CODE
1. Residential lighter yellow
R1
light yellow
R2
R3 yellow
2. Commercial
C1 lighter red
C2 light red
C3 red
3. Institutional
Gl blue
Sl sky blue
4. Industrial
I1
I2 light violet
I3 violet
5. Infrastructure Dark violet
6. Open Space Gray
7. Others light green
(Cemetery, Land fill site)
Appropriate color other
than the above
Source: borrowed slide from Meliton Juanico

Color Codes for Philippine Zoning Map (General)
ZONING CATEGORY COLOR CODE
1. Residential yellow
2. Agricultural green
3. Forest Dark green
4. Special Use
4.1 Mining/ Quarrying brown
4.2 Grassland/
Light green
Pasture
4.3 Agro-Industrial violet
4.4 Tourism orange
4.5 Other Uses Appropriate color other
Short Course on Environmental Planning than the above
Types of Zoning
Euclidean or Mixed-use Zoning

Conventional or Allows the combination
exclusionary zoning of compatible activities
Assigns to discrete in the same area
exclusive areas
Performance Zoning
activities that are
incompatible Spot Zoning

Zoning Administration
and Enforcement

LOCAL CHIEF EXECUTIVE
Shall enforce and administer the Zoning

Ordinance through the Zoning
Administrator/ Zoning Officer

LZBA
The Local Zoning Board of Appeals is an

administrative regulatory agency of the local
government that exercises both original and
appellate functions in the implementation of
the local zoning ordinance.

APPEALS
Decisions of Local Zoning Boards of

Appeals are appealable to the HLURB Board
of Commissioners

ENFORCEMENT OF THE ZONING ORDINANCE
Permits/Clearances System
 Zoning Certification Zoning Officer/DZA

Endorsed HLURB (If for conversion clearance)
 Locational Clearance Zoning Officer
(for Regular Projects)
Recommend
LZBA Variance, Exceptions
Clearances (for repair and
Renovations of non-
Conforming use
 Development Permits Sangguniang Bayan

(Technical Arm: MPDC/DZA)
 Building Permits Building Official/Municipal

Engineer
 CR/LS HLURB 4B
ENFORCEMENT OF
THE ZONING ORDINANCE
Locational Clearance
All owners/developers shall secure locational

clearance from the Zoning Administrator/Zoning Officer
or in cases of variances and exemptions, from the Local
Zoning Board of Adjustment and Appeals (LZBAA) prior
to conducting any activity or construction on their
property/land.

ENFORCEMENT OF
Building Permit.
No building permit shall be issued by the Local Building

Officer without a valid locational clearance in
accordance the local Zoning Ordinance

ENFORCEMENT OF
Certificate of Non-Conformance.
A certificate of non-conformance shall be applied for by the

owner of the structure or operator of the activity involved
within six (6) months from the ratification of the zoning
ordinance by the Sangguniang Panlalawigan (SP). Failure on
the part of the owner to register/apply for a Certificate of Non-
Conformance shall be considered in violation of the Zoning
Ordinance and is subject to fine/penalties.

ZONING ADMINISTRATION AND ENFORCEMENT SUMMARY MATRIX
RESPONSIBLE PARTIES PERMITS AND CLEARANCES PROCESSING/EVALUATION
COMMITTEE(s)/ Prerequisite
PERSON(s) Involve Membership/ to
Concerned Official Function Processing Applicability
1. Issue notice of non- after ZO non-conforming use

already existence
conformance approval prior
1. MPDC/ZO/ZA to ZO approval
LC, Land
upon Conversion
application Clearance and
2. Issue Zoning
(HLURB) Certification Building Permit All types of Projects
ECC, Building
Permit, CR/LS,
3. Issue LC and VSR All types of Projects
BP 220 and PD 957,
Memorial Parks and

Colombarium,
Farmlot
4. Evaluate DP
Application CR/LS and VSR and Industrial Subd.
PERMITS AND CLEARANCES
RESPONSIBLE PARTIES PROCESSING/EVALUATION
PERSON(s)
Involve Membership/ to
Concerned
Official Function Processing Applicability
1. Issue certificate non-conforming

2. Local Zoning of non-conformance 15 days upon use prior to
Municipal/City receipt approval
Board of Appeals Mayor of his
(LZBA) 2. Issue LC on 30 days from Building
duly authorized
variance and
Rep.
exceptions filing Permit and DP Special Projects
Municipal/City 3. Issue clearances
Assessor for repair and
renovations of non- non-conforming
Municipal/City conforming use projects
Engineer
Legal Officer
MPDC
2 Rep. from
private sector
PERMITS ANDCLEARANCES
PERSON(s) Involve Membership/ to
Concerned
Official Function Processing Applicability
as necessary
3. Local Zoning
Review Major
Committee Development
(LZRC) Projects and
MPDC, MHO, Projects of
Mag, Initiate Review, National
Pres. Association amendments and Significance
of Barangay revision of the
Chairmen, Mun. Zoning Ordinance
Engineer,
CENRO, MARO,
District School
Supervisor, 3
private sector
rep., 2 NGOs
and 2 Pos Rep.
COMMITTEE(s)/ Membership/ Prerequisite
PERSON(s) Involve Concerned Official Function Processing to Applicability

BP 220 and PD
1. DP Approval upon CR/LS (HLURB) 957,
Memorial Parks
4. Sangguniang Bayan application Verified and
Colombarium,
Survey Farmlot
and Industrial
Return (VSR) Subd.
(DENR)
2. Issues
approval for
Building Permits BP 220 Housing
of Group Projects
Housing under
BP 220
COMMITTEE(s)/ Membership/ Prerequisite

PERSON(s) Concerned
Involve Official Function Processing to Applicability
1. Issue Prior to
5. Building Building Building
Official/ Permit Construction Construction
Municipal
Engineer
all types of
development
structures
2. Evaluate DP except for
application if building permits
not of group housing
done by the under BP220
MPDC or
jointly
with the
MPDC
Tax Incentives and Disincentives
RA 7160 Sec 237 RA 7160 Sec 240 and 241

• Idle Land Tax on • Special Levy on
– Agricultural Lands – Lands benefited by
– Non-agricultural public works project or
– Residential Subdivision improvements funded
by the LGU concerned

Expropriation
RA 7160 sec 19 Additional Conditions

• Eminent Domain may • Valid and definite offer has
be exercised for public been previously made to
use, or purpose, or the owner and such offer
welfare for the benefit did not accept
of the poor and the
landless upon • The LGU may immediately
payment of just take possession upon filing
compensation expropriation proceedings
and a deposit with the
proper court
Other Development Control
(Building Code)
Declaration of Policy Scope and Application
• To safeguard life, health, • Architectural
property, and public welfare • Civil/structural
• Electrical
• To provide framework of
• Mechanical
minimum standards and
• Sanitary
requirements
• Plumbing
• To regulate and control • Electronics and interior design
location of buildings, site, • Location, siting, construction,
design, quality of material, alteration, repair, conversion, use,
construction, use and occupancy, maintenance, moving,
maintenance demolition of and addition to public
and private buildings and structures
Other Development Control
(Subdivision Control)
• BP 220
• PD 957 Residential Subdivision
• EO 648 Memorial Parks and
Cemetery
(Article IV Sec (c)) Farmlot Subd

REVISED MINIMUM DESIGN STANDARDS
PARAMETERS PD 957 BP 220
MAX. SELLING PRICE OPEN MARKET MEDIUM COST ECONOMIC SOCIALIZED
1.25M P400,000.00 – ;shall
not be upgraded to any
other type
of housing project
PROJECT LOCATION Within suitable sites for Within suitable sites for SAME AS PD 957 SAME AS PD 957
housing and outside housing and outside
potential hazard prone and potential hazard prone
protection areas and protection areas
LAND ALLOCATION a. 70 % (maximum) a. 70 % (maximum)

1. SALEABLE b. 30 % (minimum) b. 30 % (minimum) Variable see open s Same as economic
2. NON-SALEABLE pace requirements housing.
DENSITY % of DENSITY % of
Area allocated for Gross Area Gross Area DENSITY % of DENSITY % of
parks & playground 20 & below 3.5 20 & below 3.5 Gross Area Gross Area
(one ha. & above) 21-25 4.0 21-25 4.0 150 & below 3.5 150 & below 3.5
26-35 5.0 26-35 5.0 151-160 4.0 151-160 4.0
36-50 6.0 36-50 6.0 161-175 5.0 161-175 5.0
51-65 7.0 51-65 7.0 176-200 6.0 176-200 6.0
65 above 9.0 Above 65 9.0 201-225 7.0 201-225 7.0
225 above 9.0 226 above 9.0
Area allocated for Mandatory provision of Mandatory provision of
community facilities areas for community areas for community Area allocation for Area allocation for
facilities facilities community facilities community facilities
Density % of Density % of
Gross Area Gross Area
150 below 1.0 % 150 below 1.0 %
151-225 1.5 151-225 1.5
above 225 2.0 above 225 2.0
REFERENCES:
• A Guide to Comprehensive Land Preparation, 2014. Volume
1. HLURB

THANK YOU!


April 10 (Land Use Planning) PDF

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LAND USE PLANNING:

Integrating Ecosystem and Special Study Areas

Short Course on Environmental Planning 1

2 To discuss the implementing tools of land use plan

To present the highlights of the HLURB CLUP

Short Course on Environmental Planning 2

Legal Bases of Land Use Planning

Land Allocation and Utilization

Development Control and Incentive

Short Course on Environmental Planning 3

• 1987 Constitution Article XIII, Sec. 1

Short Course on Environmental Planning 4

Short Course on Environmental Planning 5

The LGU shall, in conformity with existing law,

Short Course on Environmental Planning 6

• RA 7160 sec 447 (2)(vii)/sec 458(2)(vii)

• RA 7160 Sec. 447 (a)(2)(vi)/ Sec. 458 (a)(2)(vi)

• Sec. 444 (b)(3)(vii)/ Sec. 455 (b) (3) (vii)

Short Course on Environmental Planning 8

Short Course on Environmental Planning 9

Sections 1 (a, c) and 2 (a, e, f):

Short Course on Environmental Planning 10

Section 5, Article II:

Short Course on Environmental Planning

• Land is viewed as a shared natural resource, much

• Land is also viewed as property- a private commodity

Short Course on Environmental Planning

• LAND USE PLANNING

Short Course on Environmental Planning

• The five goal elements of Philippine Agenda 21 (PA)

Short Course on Environmental Planning

• Planning and Management of Resources under National

Planning and Management of Resources under

Short Course on Environmental Planning

• Watershed as platform for land use planning

Short Course on Environmental Planning

• Integration of Barangay Development Plans

Short Course on Environmental Planning

Short Course on Environmental Planning

may be further classified by law according to the uses

Short Course on Environmental Planning 22

Short Course on Environmental Planning

Short Course on Environmental Planning

• Forest lands include public forest, the permanent

– Public Forest: mass of lands of public domain

Short Course on Environmental Planning

– Permanent Forest or Forest reserves: lands of

– Forest reservations refer to forest lands which have

Short Course on Environmental Planning

PD 1067 (Dec. 31, 1976) Chapter II WATER CODE OF THE PHIL.

Short Course on Environmental Planning

• Reclassification in terms • Reclassification in terms

Short Course on Environmental Planning

• A city or municipality may, • When the land ceases to be

Scope and Limitation Additional Requirement

Scope and Limitation

Short Course on Environmental Planning

Short Course on Environmental Planning

 The need to have an all-inclusive physical plan by

Short Course on Environmental Planning

Short Course on Environmental Planning

Short Course on Environmental Planning

Procedural Steps in the preparation of