Summary of the General Law on Human

Settlements and Environmental Protection

The General Law of Human Settlements and Environmental Protection GLHSEP) requires that development includes risk assessments for energy, water and wastewater to ensure that the proposed development does not exceed their capacity.

The municipal government has continued to issue permits that violate our current PDU because there are no penalties or fines for violating the law. However, GLHSEP requires there be consequences or penalties applied to public officials and contractors and developers who violate the PDU.

Article by article, here are the requirements of the law that the previous PDU they created did not address:

Article 3: VIII. Conservation: action to preserve areas with historical and cultural values, as well as to protect and maintain the ecological balance in environmental service areas.

XV. To guarantee the improvement of the quality of life of the population and the preservation of the environment.

XXIX. Rational management of soils and the environment.

Article 4: Guarantee to all inhabitants of infrastructure, equipment and basic services.

V. Protect the right of all people to participate in the formulation, monitoring and evaluation of policies, plans and programs that determine the development of cities and territory.

IX. Promote the rational use of water and renewable and non-renewable natural resources, to avoid compromising the capacity of future generations. As well as to avoid exceeding the capacity of the ecosystem.

Article 8: XII. Propose the creation of planning institutes, citizen observatories, participatory councils and other institutional and citizen structures.

Article 9: II. Guarantee the custody and creation of zones of non-urbanizable environmental value, including the first dunes of beaches, rivers, lakes and water regulations for urban resilience.

Article 10: XX. To impose administrative penalties on violators of the legal provisions of the law as to the competent authorities, for the application of penalties arising from crimes and violations of such provisions in criminal matters.

Article 11: XI. To issue authorizations, licenses or permits in strict compliance with local legal norms, plans or programs of Urban Development.

XIX. To impose administrative sanctions to the violators of the legal dispositions, plans or programs of Urban Development and Reserves, Uses of the Soil and Designations of Areas.

XXII. Create mechanisms for citizen consultation for the formulation, modification and evaluation of municipal urban development plans or programs.

Article 24: II. Propose measures for the sustainable development of the regions of the country, based on their natural resources, their productive activities and the balance between human settlements and their environmental conditions.

Article 34: VII. Integrated water and water resources management, including drinking water, drainage, sanitation, wastewater treatment, watershed recovery, and rainwater harvesting.

VIII. Preservation and restoration of the ecological balance, sustainable use of natural resources.

IX. Integral management of municipal solid waste

Article 37: IX. Actions to improve environmental conditions and integrated water management.

Article 46: The municipalities will have to carry out a risk analysis and define mitigating measures for their reduction within the framework of the General Civil Protection Law. (This means that there has to be a risk assessment of the water and electricity situation in the region).

Article 57: For urban development actions involving the expansion of the urban area, for the subdivision of land or for the subdivision of land, the local authorities shall guarantee that there is congruence with the Zoning and Urban Planning regulations in force, and feasibility to provide public services and expand or extend the water, drainage, energy, public lighting and water and solid waste management networks in a safe and sustainable manner, without affecting the settlements.

Article 59: II. In areas not determined for Conservation, it is established that the developers shall bear the costs of supplying services to their urbanization.

b) Densification of buildings should be allowed, provided that the capacity of water, sewage and electricity services is not exceeded or Mobility.

Developers will have to bear the incremental cost of receiving these services. The government will establish mechanisms to apply this cost and adjust the capacity of infrastructure and facilities to allow developers to increase the density of their buildings and the mix of land uses.

Article 60: The local legislation, in the matters covered by this Law, shall establish the requirements for authorization, licenses or permits for land use, construction, subdivisions, subdivisions, mergers, apartments, condominiums and for any other urban development action, in the following terms:

I. Municipalities shall make public all requirements in writing and, to the extent possible, through information technology.

II. It must establish the maximum response time of the authorities to the different requests.

VI. Define the means and instances of administrative and judicial challenge that may be applicable.

VII. Define the cases and conditions of suspension and closure of the works in question, which in any case will be the result of a judicial decision.

VIII. It must define the cases and conditions for revocation of the authorization.

Article 61: The areas that, according to the municipal urban development programs, are outside the limits of the Population Centers, shall be subject to the laws of ecological balance and environmental protection, civil protection, agrarian, rural development and other applicable laws.

Article 66: In the case of actions, projects or works that are located in high-risk zones pursuant to the applicable Urban Development and Land Management plans or programs, the authorities, before granting licenses for land use and buildings, constructions, as well as facilities and other urban authorizations, shall request a risk prevention study in which it is identified that the corresponding mitigation measures were carried out, under the terms of the provisions of this Law, the General Civil Protection Law and the official Mexican standards that may be issued.

Article 95: Urban development authorizations, permits and licenses shall prioritize the timeliness of the information and the expected impact of such authorizations, permits and licenses. The publication in physical media shall be made in areas of public concurrence, such as schools, libraries, markets, among others, in order to facilitate their knowledge.

Article 105: Any person may denounce before the territorial law enforcement agency or other local authorities any act or omission that contravenes the provisions of this Law, the state laws on the matter, the official Mexican standards or the plans or programs referred to in this Law. Likewise, they shall have the right to demand the application of security measures and sanctions and to request to be represented before the corresponding administrative and judicial authorities.

Article 106. The citizen complaint may be exercised by any person, provided that it is submitted in writing or electronically and contains:

I. The name or company name, address, telephone number, if applicable, of the complainant and, if applicable, of its legal representative,

II. The acts, facts or omissions denounced.

III. Data to identify the alleged offender, and

IV. The evidence to be provided by the complainant.

Article 107: The authorities and public servants involved in the matters reported, or who by reason of their functions or activities may provide relevant information, shall comply with the requirements formulated by the authority. In this case, said authority shall handle the information provided under the strictest confidentiality.

Article 108: Without prejudice to any criminal or administrative sanctions that may be applicable, any person who causes damage or negative effects to the territorial order, Human Settlements or Urban Development, shall be liable and shall be obliged to repair the damage caused, in accordance with the applicable civil legislation.

State legislation will establish the regime of liability and reparation of damages applicable to any person causing damage or negative effects to the territorial order, human settlements, town planning or their infrastructures, buildings and installations.

Article 109: The violation of this Law, the state laws on the matter and the plans or programs referred to in this ordinance by any public servant, shall give rise to liability and sanctions, under the terms established by the legislation on the matter.

Article 113: Permits, authorizations or licenses that contravene the provisions of urban development plans or programs shall not be effective.

No act, agreement, contract or affectation may be registered in the public registries of property or in the CATASTROS, which does not comply with the provisions of the Urban Development legislation and the applicable plans or programs on the matter.

Article 114: The inscriptions of the public registries of property, as well as the cadastral certificates, shall specify in their content the precise data of the Zoning, limitations, restrictions and rules of use contained in the plans and programs of Urban Development that apply to the real property.