Laguna Lake Development Authority

Board Resolution No.227, Series of 2004

RESOLUTION AMENDING BOARD RESOLUTION NO. 23, SERIES OF1996 PROVIDING GUIDELINES ON THE USE OF SHORELAND AREAS BY LOCAL GOVERNMENT UNITS   SURROUNDING THE LAGUNA DE BAY

             WHEREAS, the shoreland areas of Laguna de Bay are those areas consisting of the strip of the lakebed along its shores below elevation 12.50  meters as referred to datum 10.00 meters below mean lower low water (MLLW), alternately submerged or exposed by the annual rising and lowering of the lake water; 

            WHEREAS, the shoreland areas, with a total area of approximately 14,000 hectares, have environmental/ecological significance and actual/potential economic benefits; 

            WHEREAS, other government agencies and local government units and other private entities have proposed development projects within the shoreland areas which are at various planning and development stages; 

            WHEREAS, Resolution No. 23, Series of 1996, provides the rules and regulations implementing Section 41(11) of R.A. 4850, as amended, defining and regulating the use/occupancy of the Laguna de Bay shoreland areas; 

            WHEREAS, Article 8 (B) of the aforesaid resolution provides that shorelands not otherwise covered by legitimate titles or by any government development plans, programs and projects may be leased to bonafide residents or duly organized people’s organizations, associations, or cooperatives in accordance with the terms and conditions and subject to the approval of the Authority; 

            WHEREAS, LLDA Board Resolution No. 10, Series of 1995, asserts LLDA’s authority and exclusive jurisdiction in Laguna de Bay concerning issuance of permits for reclamation and other development projects and activities, and disallowed reclamation or any projects or activities in the lake that will contribute to the pollution of Laguna de Bay, bring about the ecological imbalance of the region or diminish the total surface area of the lake; 

            WHEREAS, in view of the development pressures and in order to address growing demand for public services, lakeshore LGUs are in dire need of land to locate support public facilities; 

            WHEREAS, the shoreland areas provide readily available land resources for public facilities, but in order not to sacrifice its environmental and economic benefits, detailed implementing guidelines are necessary to ensure that the use of shoreland areas for public purposes will not jeopardize the integrity of the lake ecological system; and  

            WHEREAS,           under R.A. 4850 as amended, the LLDA is mandated to protect and conserve the water resources of Laguna de Bay for its various beneficial uses and this objective may be defeated if part of the lake bed is not properly managed and controlled.

            NOW, THEREFORE, premises considered, BE IT RESOLVED, as it is hereby RESOLVED to approve the guidelines governing the use/occupancy of Laguna de Bay shoreland areas by lakeshore Local Government Units.

Section 1.  Scope of Application.  These guidelines shall apply to the following: 

a)    Untitled shoreland areas along Laguna de Bay, provided that all of the following conditions are satisfied:

i)        currently unutilized/unoccupied;

ii)      not subject of a pending claim or lease application;

iii)   not covered by any proposed/pipeline national and regional government projects; and

iv)    technically feasible for public facilities/projects. 

b)     Local Government Units (LGUs) at the provincial, municipal or city and barangay levels.

Section 2.  Definition of Terms.   As used herein, the following words and phrases shall mean as hereunder indicated respectively opposite each: 

a)    Laguna de Bay Shoreland Area also known as the “buffer zone”  is that part of the lake bed along the lakeshore lying at elevation 12.50 meters and below and alternately submerged or exposed by the normal annual rising and lowering of the lake levels.  Datum elevation is a point 10.00 meters below Mean Lower Low Water (M.L.L.W).  This is a linear strip of open space designed to separate incompatible elements or uses, or to control pollution/nuisance and for identifying and defining development areas or zones; 

b)    Clearance to Develop shoreland area is a legal authorization granted by the Authority to the LGUs of shoreland barangays, municipalities, cities to use/develop shoreland areas for their respective government projects under the terms and conditions prescribe under these guidelines;

c)     Untitled shoreland aras are all lands which are not covered by valid or legitimate Original Certificate of Title and/or Transfer Certificate of Title secured prior to 1975 or by any legal instrument treated as muniments of title; and 

d)    Special Concerns Division (SCD) is an organizational unit of the Authority created under BR No. 155, S. 2001 responsible for the  implementation of all shoreland development and management policies, rules and regulations, among others.

 Section 3.  Prescribed Uses and Maximum Allowable Area.  The use of untitled shoreland areas along Laguna de Bay which satisfy the conditions set under Section 1 of these guidelines may be used by LGUs as herein defined for public purposes, projects and facilities, subject to the following terms and conditions:

 a)    Only the following public uses, facilities and government projects may be allowed on shoreland areas as herein defined:  

b)     Only one request per LGU shall be considered;

c)      Such projects, facilities and services are funded directly by the government from local or international sources; and

d)     Shoreland areas allotted for these aforementioned uses shall not exceed one percent (1%) of the total shoreland area around Laguna de Bay. 

Section 4.  Planning and Design of Structures.   The following guidelines shall apply to the planning, design and construction of public facilities and structures:

a)    Adoption of wetland concept and/ or biological park in the design of landscape;

b)    Ensuring that all structures to be constructed/established below elevation 12.50 m. shall be based on the following designs: floating (in the case of boat landing and other similar structures), on stilts (in the case of buildings), viaducts (in the case of inner roads, to allow intermittent lowering and increasing of lake level;

c)     Ensuring soil stability at project site;

d)    Semi-permanent/permanent structures may be allowed with maximum of one (1) storey which shall adhere to sound engineering design criteria and standards as well as material specifications; and

e)     Limited backfilling may be allowed for flood protection and shoreline embankment and for environmental and health risks mitigation and such other technical reasons, provided that the earth materials will be sourced within the Laguna de Bay Region and no waste material will be used for backfilling. 

f)      The LGU shall install permanent markers on the wall or column of edifice, establishment or structure indicating that the project is a joint project between the LLDA and the LGU 

Section 5.          Environmental Requirements.  All LGU proponents shall prepare and submit for approval by LLDA an Environmental Management Plan incorporating the following requirements: 

a)    Mitigative, preventive and control measures against potential ecological disturbance during construction and  operation, e.g., erosion and siltation of the lake, oil and grease discharges from heavy equipment and machinery, noise/ground vibration, dusts, particulates and gaseous emissions, among others; and

 b)    Establishment of liquid and solid waste management system and a program for its efficient maintenance and operation to ensure that the waste/wastewater going into the lake will be effectively and efficiently intercepted and the environment of the adjoining/ peripheral shoreland areas under alignment of 12.50-meter elevation are amply protected; 

c)     Undertaking of mitigating measures against possible adverse effects of development to ground water table and possible increased run-off in the area; and 

d)    Monitoring and evaluation plan that complies with the requirements of the LLDA. 

Section 6.     Social Acceptability.  The proponent LGU shall secure social acceptability of the proposed project/facility/structure, to wit:

            a)    Acceptability of the proposed project to the local community;

b)    Acceptability of the proposed project to local small fishermen, affected fishpen operators and other affected parties in the fishery sector;

c)     Acceptability of the proposed project to farmers and other affected stakeholders that will be directly or indirectly affected by the development.

Section 7.   Jurisdiction over Shoreland Areas and Ownership of Structures.  The ownership/jurisdiction over the shoreland area remains with the State through the LLDA. The improvements thereon shall be owned by the proponent LGU.  However, after the purpose for which the structure or facility has been served, or the area will be needed by LLDA or the National Government or any of its instrumentality for a project with greater benefits/impact, or any of the afore-stated conditions has been violated, the ownership of the facilities/structures shall revert to LLDA.  Any modification on the approved structures/facilities shall be subject to the approval of the Authority. The LGU shall issue a Sangguniang Bayan Resolution stipulating reversal of ownership in favor of the LLDA under any and all of the above-mentioned circumstances.  

Section 8.    Permit Requirements. The LGU’s are required to submit the following as basis for evaluation:

                        1.     Project proposal approved by the Sangguniang Bayan including cost estimate and sources of funds;

2.     Engineering Plans and Technical Maps;

3.     Time table and corresponding budget appropriation;

4.     Solid and Liquid waste management plans;

5.     Certification from  office of the Municipal Planning Development Officer that there is no other feasible site for the project;

6.     Certification from the Municipal Assessor that no person or entity is paying the real property tax for the area and;

7.     Appropriations Ordinance from the Sangguniang Bayan/ Baranggay;

8.     Sangguniang Bayan Resolution as required under Section7 of this Resolution.   

Section 9.    Payment of  Fees.  The LGU proponents shall be required to pay the following fees:

            a)    Processing fee of P1600.00 per application;

b)    Survey validation fee of P3000.00;

c)     Shoreland Development Clearance fee  to be computed as follows: 

i)      With structure: Clearance fee = area in sq.m. x 5% of zonal value

ii)    Without structure (open area):Clearance fee = area in sq.m x 1% of zonal value

           d)     Annual lease fee in accordance with Board Resolution No. 113, Series of      1999, to be deducted from the fishpen fee share of the lakeshore LGU concerned.

Section 7.  Reportorial Requirements.  Annual Reports on the implementation of the Environmental Management Plan shall be prepared by the LGU concerned and submitted to the General Manager of LLDA. 

Section 8.  Effectivity Clause. These guidelines shall take effect fifteen (15) days after publication in a newspaper of general circulation

APPROVED on July 29, 2004: