EXECUTIVE AGREEMENT NUMBER 002-2004
THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC OF HONDURAS
CONSIDERING: That according to Presidential
Agreement No. 087 issued on March 30TH, 1982 the Department
of Bay Islands was declared a Tourist Zone.
CONSIDERING: That according to Ministry
Agreement No. 213 issued on September 21ST, 1989 the Ministry
of Culture and Tourism declared the Department of Bay Islands
a Zone of Ecological Conservation.
CONSIDERING: That Executive Agreement No.
005-97 issued on March 26TH, 1997 created the National Sea
Park of Bay Islands as part of the National System of Protected
Areas in Honduras.
CONSIDERING: That having defined the domestic
tourist activity as a priority for the Central Government
and given that it is an important economic activity in the
Department of Bay Islands as well as a priority zone in terms
of ecological conservation and environmental management, it
is necessary to determine the capacity of the environment
to tolerate a sustainable and balanced development.
CONSIDERING: That Presidential Agreement
No. 005-2002 issued on August 06TH, 2002 created the Executive
Commission of Sustainable Tourism of the Department of Bay
Islands as a mechanism for the coordination, consultation
and implementation of regulations, plans and instruments for
the organization of the territory and environment of the region.
CONSIDERING: That Legislative Agreement
No. 180-2003 approved the Law for Territorial Organization
(Ley de Ordenamiento Territorial), which established that
it is a State policy to promote a comprehensive, strategic
and efficient management of natural resources and stated that
tourist zones, protected areas and territorial sea are subject
to the national management regime.
CONSIDERING: That it is urgent to implement
policies and measures orientated to conserve and protect the
environment of the Department of Bay Islands, which is formed
by the following isles: Roatán, Guanaja, Utila, Barbareta,
Elena, Morat and adjacent Cays.
CONSIDERING: That we cannot postpone the
need to issue regulations that regulates the development of
the Department of Bay Islands in order to protect the fragile
natural environment of the islands, cays and the surrounding
coral reef barrier while the Law for Territorial Organization
is approved.
CONSIDERING: That the main elements of
the ecosystem whose fragility must be protected will be:
• Coral reefs
• Vegetation, fish and invertebrates living in the reefs
• Mangroves and sea vegetation layers
• Emerged coral formations
• Local species of fauna, specially those in danger
of extinction
• Wooded areas and local flora species.
THEREFORE
In exercise of the faculties granted by
Articles 245 paragraph 11 of the Constitution of the Republic
of Honduras and Articles 116 and 118 of the Public Administration
General Law,
IT IS AGREED TO APPROVE THE FOLLOWING GENERAL
RULES FOR CONTROLLING THE DEVELOPMENT OF THE DEPARTMENT OF
BAY ISLANDS
CHAPTER I
PRINCIPLES AND OBJECTIVES
GENERAL OBJECTIVE: AIM OF THE RULES
Article No. 1: The aim is to organize every
activity that has an effect on tourist, housing, commercial
and industrial activities. This organization is based on the
need to conserve the environment and to draw up an all-comprehensive
plan for the territory, which are determining elements for
the consolidation of a high quality, diversified and sustainable
development.
CHAPTER II
DEFINITIONS AND CONCEPTS
Article No. 2: For the purposes of the
application of this agreement, the following concepts are
defined:
MAXIMUM HEIGHT OF THE BUILDING (ALTURA
MAXIMA DEL EDIFICIO) : The maximum height of a building will
be defined as the vertical distance from the most unfavorable
point where the building is in contact with the natural level
of the ground up to the top of the building.
CETS: Executive Commission for Sustainable
Tourism of the Department of Bay Islands (Comisión
Ejecutiva de Turismo Sostenible de las Islas de la Bahía
), as established in Presidential Agreement No. 005-2002.
EMERGED CORAL (CORAL EMERGIDO): Unique
geological formation made of a fossilized coral reef that
emerges above the sea level given to tectonic movements.
PMAIB: Bay Islands Environmental Management
Project. (Programa Manejo Ambiental de las Islas de la Bahía)
GOVERNING SCHEME (ESQUEMA DIRECTOR): Document that summarizes
the natural resources and environmental problems and that
proposes a plan for the environmental organization of the
archipelago. This document was prepared by PMAIB.
ANCHORING (FONDEO): Action of securing
a vessel or any other floating object by using anchors that
fix them to the bottom of the sea.
WATER LOT (LOTE DE AGUA): Any immovable
asset whose possession has been granted to an individual or
entity by the City Council and whose surface is partially
or totally submerged during high tide, whether naturally or
artificially.
MANGROVE (MANGLAR): Hydrophilic forests
of salt-tolerant woody plants that have developed physiological,
reproductive and structural adaptations that allow them to
colonize flooded areas and saline substrata which are frequently
anaerobic; mangroves are characterized by their common ability
to grow and prosper along the coastline where they are protected
from tides.
OCCUPATION OF THE PREMISES (OCUPACION DEL
PREDIO): Percentage of the total area of the premises that
can be subject to construction. Buildings, constructions and
covered corridors will be considered occupied premises. Water
deposits, purifying stations (provided that they are not in
sight), highways or access streets, pools and jetties will
not be considered occupied premises.
BEACH (PLAYA): The extension of land between
the maximum reach of the waves during high tides and the ordinary
reach of low tides.
PREMISES (PREDIO): Lot or portion of land
located on solid ground.
TOURIST ROAD (VÍA TURÍSTICA):
Small dimension highway, whose sidewalk is of not more than
seven (7) meters; it can have tourist equipment such as viewpoints,
bike roads, rest areas, etc.
CHAPTER III
TURIST ZONING
REGULATIONS AND RULES
Article No. 3: Applications for developing
any kind of project in the districts of the Department of
Bay Islands must be approved by the competent authorities,
according to the current legislation; CETS must be involved
as provided by these General Regulations.
Article No. 4: In order to regulate the
different uses of grounds that are allowed in the districts
of Roatán, Santos Guardiola, Utila and Guanaja, we
hereby adopt the “Esquema Director” (Governing
Scheme) prepared by the Programa Manejo Ambiental de las Islas
de la Bahía (Bay Islands Environmental Management Project)
as a source for the development of future guides, rules and
regulations. The City Halls of these districts as well as
other competent authorities will be technically guided and
will act according to the recommendations of the “Governing
Scheme”.
Article No. 5: The provisions and regulations
herein included do not apply for tourist projects that have
already been approved or studied by the Ministry of Tourism
and/or the Honduran Tourism Institute nor for any other project,
whether tourist, housing, commercial or industrial, that has
already obtained a resolution or Environmental License currently
in force issued by the Ministry of Natural Resources and Environment,
even if the construction has not started on the date this
regulation comes into force.
Furthermore, the provisions or regulations
herein included do not apply for projects or constructions
that will be developed in existing centers of population or
consolidated zones, such as:
District of Roatán: French Harbour, Coxen Hole, Flowers
Bay and Monte Placentero
District of José Santos Guardiola: Oak Ridge, Jonesville
and Punta Gorda
District of Guanaja: Bonacca Cay, El Pelicano, Savannah
Bight and Mangrove Bight
District of Utila: Utila Town, Up Cay and Down Cay
In these consolidated zones, the regulations
established by local rules or norms as well as other current
legal provisions will prevail; nevertheless, the maximum height
of buildings must be respected according to the provisions
of article 7 that follows.
The provisions or regulations herein included
will neither apply to “Monumento Natural Marino Archipiélago
de Cayos Cochinos” (Natural Sea Monument of the Archipelago
of Cayos Cochinos), which is subject to the provisions of
its own Management Plan.
Article No. 6: In case that the premises
are used differently from the purpose established in the authorized
project, the authorization will be revoked.
Article No. 7: In order to conserve the
features of the shoreline, to allow the access to public beaches
and to harmonize the aesthetic effect of the constructions,
we establish the following zoning:
• BEACH ZONE (ZONA DE PLAYA): No
hotel, housing, commercial or industrial construction can
be built on this area. In order to establish communication
in this zone and provided that the premises face the sea,
low impact roads, preferably made of natural materials that
do not alter the landscape, as well as jetties or quays can
be built, according to the conditions defined for these purposes.
Necessary works for the illumination of the coast and sea
signaling as well as works conducted by the State for the
improvement, protection and maintenance of the zone are allowed.
• ZONE “A” (ZONA “A”):
A strip of twenty-five meters (25 m), parallel to the beach
or shoreline, divided in two sub-zones, whose treatment is
different depending on whether there is a beach or not.
In case that there is beach:
The first sub-zone will be of ten meters (10 m) wide, adjacent
to the beach; it will be for public use and will have the
same limitations established for “Beach Zone”
described before.
The second sub-zone of fifteen meters (15
m) wide, where independent constructions can be built, provided
that they are small, light and do not obstruct visibility.
The maximum height of the buildings is of ten meters (10 m)
and the maximum occupation of the premises will be of 25%.
Other kinds of shoreline:
The first sub-zone will be of ten meters (10 m) wide, where
independent structures can be built, provided that they are
small, light, open and do not obstruct visibility. The maximum
height of the constructions is of ten meters (10 m) and the
maximum occupation is of 15%.
The second sub-zone is of fifteen meters
(15 m) wide and will have the same limitations established
in the previous paragraph, except for the maximum occupation
of the premises, which is increased up to 25%.
• ZONE “B” (ZONA “B”):
A strip of eighty meters (80 m), parallel and adjacent to
Zone “A”, where the maximum height for constructions
is of fifteen meters (15 m) and maximum occupation of the
premises is forty-five percent (45%).
• ZONE “C” (ZONA “C”):
The remaining part of the island’s territory, adjacent
to Zone “B”, one hundred and five meters (105
m) away from the shoreline or beach, where the maximum height
of constructions is of twenty meters (20 m) and the maximum
occupation of the premises is of thirty percent (30%).
After being authorized by CETS, socially
orientated urban projects for people with low income can be
built if the maximum occupation of the premises is of 80%,
provided that the house lots do not exceed approximately eighty-four
square meters (equivalent to 120 vs2).
• “HIGH” ZONE (ZONA “ALTA”):
Two hundred meters (200 m) above sea level in the districts
of Roatán and José Santos Guardiola, and two
hundred and fifty meters (250 m) on the island of Guanaja,
above which the maximum occupation of the premises will be
of twenty percent (20%) and the maximum height of constructions
will be of ten meters (10 m).
Tourist highways and roads will be allowed
in this zone provided that they are designed minimizing cuts
and fillers, are covered with asphalt, concrete, paving stones
or stones, and have the necessary works that allow the collection
and disposal of rainwater in order to avoid erosion and sedimentation.
Tourist highways and roads will also need an impact assessment
study and an Environmental License.
In case that a “high” zone
overlaps with zones “A”, “B” or “C”
described before, the rules herein contained will prevail.
• ZONE OF “PRIORITY TOURIST
USE” (ZONA “DE USO TURISTICO PRIORITARIO”):
A “Zone of Priority Tourist Use” is created in
case of shoreline with beach. This zone includes zones “A”
and “B” described before and will be exclusively
used for hotels, gastronomy and recreation activities. Up
to 30% of the promises can be used for housing projects; it
is forbidden to use them for industrial projects unless the
zone has been qualified as such by the “Governing Scheme”.
• “CAYOS AND ISLOTES”
(CAYS AND ISLETS): The rules established for Zones “A”,
“B”, “C” and “of Priority Tourist
Use” do not apply for cays and islets, except for the
strip of ten meters (10 m) width adjacent to the beach that
is left for public use and the maximum height of constructions.
Projects intended to be developed in cays
and islets might be informed to CETS, which will decide whether
they are feasible or not and will transfer them to the competent
authorities, who will issue the final approval according to
the corresponding legislation.
Article No. 8: It is forbidden to create
and register new immovable assets known as “Water Lots”
that are not registered before the Real Estate and Mercantile
Registry of the Department of Bay Islands at the moment this
regulation comes into effect, as well as those “Water
Lots” duly registered but where no construction has
been built at the moment this regulation comes into effect.
In both cases, no construction can be built nor new Construction
Licenses can be requested in order to avoid more damage to
coral reefs and sea ecosystems.
Titles that have been granted incorrectly
up to this date by some City Councils in favor of individuals
or entities on Water Lots are legally considered absolutely
void given that they have been granted on areas that correspond
to the Sea Platform whose sovereignty belongs exclusively
and inalienably to the State of Honduras; it has been necessary
to establish a specific regulation in order to prevent that
this anti-legal phenomenon of granting title documents continues
and to avoid further damage to the Mangroves and Coral Reefs.
Article No. 9: Except for infrastructure,
water signaling and other coast improvement and protection
works as well as the provisions of Articles 19 to 26 regarding
jetties, quays and “marinas”, it is forbidden
to build any construction in the sea, whether for commercial,
housing, industrial or any other use. Only small buildings,
including hotel rooms, restaurants and other recreational
constructions are allowed, provided that they are part of
a larger hotel project located in adjacent premises that face
the sea and that belong to the same owner and provided that
they do not produce any sewage, solid waste and other pollutants
that outflow to the sea. For the construction of these small
buildings, it is necessary to conduct an environmental impact
assessment and to obtain an Environmental License granted
by SERNA (Ministry of Natural Resources and Environment).
CHAPTER IV
PROVISIONS FOR NEW DEVELOPMENT PROJECTS
HOTEL PROJECTS
Article No. 10: The minimum infrastructure
must be the following:
1. System for collecting rainwater
2. System for distributing drinking water
3. System for separating sewage, which must be poured to a
sewage treatment system or submarine transmitter that fulfills
the National Technical Regulation.
4. Underground system for distributing electric power, street
lighting, telephone lines and/or cable services.
5. Corresponding sanitary permits.
Article No. 11: For the construction, extension,
redesigning and/or operation of facilities used as hotels,
the following guidelines must be considered:
1. Drinking Water. The hotel must have
reservoirs for complying the needs of the hotel for at least
three days, maximizing the collection of rainwater. The average
volume considered is of four hundred liters (400 L) or one
hundred and five gallons (105 GAL) per room per day. Regardless
of the source of the water, sewage must be treated in order
to be drinkable according to National Technical Regulation
for the Quality of Drinking Water.
2. Treatment and disposal of sewage. The
hotel must have a special system proportional to the number
of rooms; it must be a closed circuit that captures and pours
sewage to the treatment stations installed within the premises.
The system that flows from the sewage treatment system must
fulfill the National Technical Regulation for the Outflow
of Sewage to Recipient Objects and Sewer System and can be
used for irrigation. A submarine transmitter system can be
considered provided that it fulfills the National Technical
Regulations.
3. Treatment of solid waste. The hotel
must ensure the collection, classification and disposal of
any solid waste. The capacity of production of solid waste
is calculated according to the standard of two kilograms (2.0
Kg or 4.4 pounds) of solid waste per person per day. The disposal
of this solid waste can be by dumping site or by any other
method duly authorized. In case that the City Hall is unable
to provide the service for the disposal of solid waste given
the large amount or nature of the waste, the hotel must implement
a program of solid waste management which must be duly authorized
as part of its Environmental Management Plan.
4. Electric Power. The hotel must obligatorily
have this service whether by direct connection to the distribution
network or by its own system of generation of electric power;
in this last case, the hotel must prefer alternative sources
for a clean generation of electricity.
5. Protection against fire. The hotel must
have a prevention system against fire and emergency exits
in each building.
6. Facilities for temporary employees.
During the construction stage, developers of the project must
provide employees with housing, sanitary and other required
facilities.
7. Fencing of Premises. Fences or walls
that obstruct visibility will not be allowed in front of the
beach. Barbwires will only be permitted in agricultural zones
that have been envisaged for this purpose by the Governing
Scheme.
RESIDENTIAL OR URBAN DEVELOPMENT PROJECTS
Article No. 12: The minimum infrastructure
must be the following:
1. System for collecting rainwater
2. System for distributing drinking water
3. System for separating sewage, which must be poured to a
sewage treatment system or submarine transmitter that fulfills
the National Technical Regulation; and
4. Underground system for distributing electric power, street
lighting, telephone lines and/or cable services.
Article No. 13: For the construction and/or
extension of residential or urban development facilities,
the following guidelines must be considered:
1. Drinking Water. The project must have
reservoirs for complying the needs of consumption, maximizing
the collection of rainwater. The average volume considered
is of two hundred liters (200 L) or fifty gallons (50 GAL)
per person per day. Regardless of the source of the water,
sewage must be treated in order to be drinkable according
to National Technical Regulation for the Quality of Drinking
Water.
2. Treatment and disposal of sewage. The
project must have a system that is connected to the community
network of sanitary sewer or, failing that, its own treatment
system that meets the number of residents and that is a close
circuit that captures and pours sewage into the treatment
stations installed within the premises. The system that flows
from the sewage treatment system must fulfill the National
Technical Regulation for the Outflow of Sewage to Recipient
Objects and Sewer System and can be used for irrigation. A
submarine transmitter can also be used provided that it fulfills
the Technical Regulations herein established.
3. Treatment of solid waste. The project
must ensure the collection, classification and disposal of
any solid waste. The capacity of production of solid waste
is calculated according to the standard of one kilogram (1.0
Kg or 2.2 pounds) of solid waste per person per day. The disposal
of this solid waste can be by dumping site or by any other
method duly authorized. In case that the City Hall is unable
to provide the service for the disposal of solid waste given
the large amount or nature of the waste, the project must
implement a program of solid waste management which must be
duly authorized as part of its Environmental Management Plan.
4. Electric Power. The project must obligatorily
have this service whether by direct connection to the distribution
network or by its own system of generation of electric power;
in this last case, the hotel must prefer alternative sources
for a clean generation of electricity.
5. Green areas. Every project must have
green areas equivalent at least to ten percent (10%) of the
total area that will be developed.
6. Facilities for temporary employees.
During the construction stage, developers of the project must
provide employees with housing, sanitary and other required
facilities.
7. Fencing of Premises. Fences or walls
that obstruct visibility will not be allowed in front of the
beach. Barbwires will only be permitted in agricultural zones
that have been envisaged for this purpose by the Governing
Scheme.
COMMERCIAL AND INDUSTRIAL PROJECTS
Article No. 14: The minimum infrastructure
for new commercial and industrial projects will be the following:
1. Connection to the network of drinking
water or to its own supply source; water storage capacity
must meet the projected needs.
2. Connection to the sewer system or to
its own sewage treatment system which must meet the needs
and be proportional to the characteristics of the inflow;
it must also capture and dispose of the sewage to the treatment
stations. The outflow of the treatment system must meet the
National Technical Regulation for the Outflow of Sewage to
Recipient Objects and Sewer System.
3. Collection, classification and disposal
of any solid waste generated within the project. In case that
the City Hall is unable to provide the service for the disposal
of solid waste given the large amount or nature of the waste,
the project must implement a program of solid waste management
which must be duly authorized as part of its Environmental
Management Plan.
4. Connection to the network of electric
power or, failing that, to its own system of generation of
electric power; in this last case, the project must prefer
alternative sources for a clean generation of electricity.
5. Street lighting and telephone lines.
6. Fulfillment of any special regulation
issued for the rational use of water and the disposal of sewage.
CHAPTER V
ARCHITECTURAL PROVISIONS
Article No. 15: The architectural features
of any kind of development built must be adapted to the social
and natural environment that dominates the Department of Bay
Islands, minimizing any possible obstruction of the visibility
of the landscape that the buildings may cause.
Article No. 16: Any information, promotion,
guidance, preventive and restrictive signaling must be adapted
to the context and the building where it is located, according
to the local provisions.
CHAPTER VI
SEA INFRASTRUCTURE AND ACTIVITIES
Article No. 17: Boats used as Cruises are
forbidden to load drinking water or unload sewage or solid
waste in the Department of Bay Islands, except for emergency
cases that have been previously verified by the competent
authority.
Article No. 18: Sea activities that permit
placing any kind of fixed structures in the sea soil or subsoil,
specifically vessels sunk with recreational purposes will
be subject to the provisions of the Organic Law of Merchant
Navy, previous analysis and approval issued by CETS and Environmental
License issued by SERNA.
Article No. 19: Technical specifications
regarding the construction, installation and operation of
facilities for small vessels include quays and shipyards authorized
by CETS and the General Directorate of Merchant Navy.
Article No. 20: Quays and shipyards include
one or more of the following activities:
a) Repair and maintenance of boats,
b) Storage of boats,
c) Management of sewage,
d) Management of solid waste,
e) Management of fuels
Article No. 21: Any new quay or shipyard
will require a previous assessment of the environmental impact
and an Environmental License issued by SERNA.
Article No. 22: Every quay-related activity
as well as major repair of vessels must be conducted in a
“Dry Dock” (Dique Seco). Minor repairs, such as
painting, oil change and other maintenance activities for
vessels must be conducted in industrial or commercial areas
specifically designated for this purpose by the Governing
Scheme and located between Coxen Hole and French Harbour (in
Roatan), Oak Ridge (in Santos Guardiola), Cayo Bonacca, Armadores
and Savannah Bight (in Guanaja) and Utila Town (in Utila)
in order to fulfill the existing environmental rules and provisions
issued by SERNA.
Article No. 23: The design, construction,
extension and/or operation of a “marina” must
fulfill the following guidelines:
1. Ensure the flow and exchange of water within the marina
basin (“rada”) in order to keep an acceptable
quality level of the water;
2. Avoid changes in the line of the shoreline in order to
reduce erosion, sedimentation and the frequency of dredging;
3. Provide access to deep navigation water according to the
size and kind of vessels;
4. Have the appropriate infrastructure for the management
of solid waste and the supply of electric power; and
5. Have safety measures and an emergency plan for fire and
leakages of hydrocarburant and other waste.
Article No. 24: In the case that gas stations
are built in the marinas, these must include the appropriate
structure for the reception, storage and supply of fuel.
Article No. 25: Marinas and shipyards must
have appropriate facilities for the disposal of liquid and
solid waste that are generated on site, including the separation
of oil waste and a system that separates oil waste from water.
Liquid waste cannot be poured into the water of the marina
or beach. Marinas and shipyards must have solidifiers and
diffusers that facilitate the removal of fuel in case of a
leakage.
Article No. 26: The construction of jetties
in the shoreline must be subject to the technical criteria
and zoning established by CETS and that will be adopted and
approved by the City Halls.
CHAPTER VII
PROVISIONS FOR THE CONSERVATION OF THE ENVIRONMENT
Article No. 27: ZONES OF SPECIAL PROTECTION
(ZONAS DE PROTECCION ESPECIAL): Zones that due to their landscape,
environment and forestry nature must receive a special protection
are considered part of the System of Protected Land Areas
of the Department of Bay Islands according to the Governing
Scheme and will be evaluated and validated by CETS and included
in the regulations of the City Hall Environmental Units (UMAS).
These areas will be protected and therefore conserved and
defended. No changes are allowed in the use of the forests;
no constructions can be built, except for those necessary
for the conservation of the forest, environment and for sightseeing
provided that they are compatible with the guidelines of the
management plans approved by CETS. Any other work of social
interest or public use must be obligatorily preceded by an
assessment of the environmental impact and must obtain its
corresponding Environmental License before it is authorized.
Article No. 28: The anchorage of vessels
on the coral reefs as well as the unloading of sewage, oil
and solid waste from the vessels anchored out of the jetties,
quays or marinas are expressly prohibited; these activities
can only be conducted in the zones established by CETS.
Article No. 29: It is forbidden to hunt
and/or trade any flora or fauna species that are endangered,
especially black coral and sea turtles; this includes every
sub-product or handcraft made out of them. The collection
and capture of threatened or endangered fauna species will
always require the corresponding authorization issued by the
competent authorities; it is only allowed to use these species
with recreational or scientific purposes.
Article No. 30: Divers, diving instructors
and people in general are forbidden to extract coral, shells
or any other species that is part of the coral structure.
The non-fulfillment of this provision will be sanctioned.
Operators and diving instructors will be responsible for the
fulfillment of this provision and will take responsibility
in case that the divers in their charge do not fulfill it.
Article No. 31: It is forbidden to extract,
fish and exploit reef fish that are not authorized by the
General Directorate of Fishing.
Article No. 32: It is forbidden to exploit
reefs in order to use them as construction materials as well
as to construct any kind of building with these materials.
It is also forbidden to build any kind of construction on
top of the reefs.
Article No. 33: It is forbidden to create
new artificial beaches and to conduct dredging activities
from the date this regulation comes into effect, except for
those projects aimed to restore beaches that have been affected
by natural phenomena, to restore existing artificial beaches
and those projects that have a social or community orientation.
In every case, it is required to conduct an Environmental
Impact Assessment and to obtain an Environmental License issued
by SERNA.
Article No. 34: The accumulation of solid
waste in public ways, such as highways, beaches, fountains,
water courses, green areas and any other non-authorized site
as well as the obstruction, impoverishment or pollution of
natural courses or leakages due to excess of rainwater must
be avoided. The banks of these areas must have trees that
are native to the islands in order to increase the tourist
attraction and to improve the landscape. In case of non-fulfillment
of these provisions, the City Halls will impose the corresponding
sanctions.
Article No. 35: It is forbidden to bring
or trade plastic bags or containers within the territory of
the Department of Bay Islands; this includes bags and containers
used to sell purified water, sodas and other drinking liquids,
among others. The company that distributes these products
can request CETS to issue an authorization for importing and
trading them only if the company undertakes to place collecting
centers and remove plastic from the islands. In case that
the distribution company does not fulfill this agreement,
the authorization will be revoked and the corresponding sanctions
will be imposed.
Article No. 36: Considering the damages
that different human activities cause to marine and coastal
ecosystems existing in the Department of Bay Islands, competent
authorities will design a environmental-related educational
program that includes both the formal and informal educational
systems; this program must create texts that are appropriate
to the environmental reality of the zone, include environmental
issues to the school curriculum, conduct community campaigns
and diffuse themes related to the conservation of natural
resources through the media, among others.
PROTECTION OF MANGROVES AND EMERGED CORAL
Article No. 37: For the purposes of this
regulation, it is considered that mangroves must be specially
protected and therefore the ZONE FOR THE PROTECTION OF MANGROVES
(ZONA DE PROTECCION DEL MANGLAR) is created: This zone includes
all existing mangroves on the islands whether they are alive
or dead, given that the purpose is to recover the typical
flora of the islands. Furthermore, this zone includes a 10-meter
strip of land parallel to the mangrove in order to conserve
it.
Article No. 38: It is forbidden to grant
any title, neither of useful ownership nor fee simple, within
the areas where mangroves are located.
Article No. 39: Areas with the different
functional values established by the Governing Scheme are
recognized within the limits of the zones for the protection
of mangroves. CETS will elaborate specific guides to regulate
how these different activities will use the mangroves considering
the zoning established by the Governing Scheme. Low-impact
walks or platforms, especially those made of wood, are allowed
provided that they have been previously approved by the competent
authority, that they contribute to the rational use and conservation
of the mangroves and that they have access to the adjacent
zones so that mangroves can be used as an eco-tourist attraction.
Article No. 40: Planting or reforesting
high-functioning zones that need to be recovered must compensate
for the authorized cutting of low-functioning mangroves.
Article No. 41: For the purposes of this
regulation, we consider the areas of emerged coral as protected
areas and we create the IRONSHORE (ZONA DE PROTECCION DEL
CORAL EMERGIDO): All mother structures where the emerged coral
crops out of the sea with a large concentration or density
and with an important landscaping value is considered part
of this zone. It is expressly forbidden to build any construction
that is not aimed to protect this area or that is not used
for sightseeing and studying the formation.
Article No. 42: Low-impact walks and platforms,
preferably made of wood, will be allowed provided that they
contribute to the rational use and conservation of the zone
and that they provide access to the adjacent zones which will
be therefore considered eco-tourist attractions.
Article No. 43: City Halls will present
their proposals for the definition of mother structures within
their jurisdiction in order to declare them natural monuments.
Otherwise, CETS will assume this initiative.
CHAPTER XIII
GENERAL PROVISIONS
Article No. 44: When this regulation comes
into effect, all industrial facilities (such as seafood baling
companies, shipyards, or any other possible source of pollution)
that operate in the Department of Bay Islands will have a
six-month period, only renewable once for the same term and
provided that they have a justification, to subject themselves
to an environmental audit before the Ministry of Natural Resources
and Environment; the audit will verify that these facilities
strictly fulfill the environmental control measures established
in this regulation. Within this period, companies must submit
to CETS their corresponding Certification of Resolution issued
by the Ministry of Natural Resources and Environment. The
non-fulfillment of the provisions arisen from the environmental
audit or control measures will cause that the competent authority
imposes the corresponding sanctions.
Article No. 45: CETS, with the technical
support of PMAIB, will immediately start the necessary procedures
for the elaboration and establishment of a plan for territorial
organization on the islands, based on the Governing Scheme
and the rules contained in this regulation. These plans for
territorial organization must determine the following development
zones: urban, industrial, tourist, for special protection,
mangroves, emerged coral, micro-basins and sandbanks.
Article No. 46: CETS, with the technical
support of PMAIB, will work jointly with the Drinking Water
and Cleaning Up Regulator Organism (Ente Regulador de Agua
Potable y Saneamiento) in the elaboration and approval of
a National Technical Regulation for the Outflow of Sewage
into Recipient Objects and Sewer System, which must be specifically
adapted to the reality of the islands and must have its origin
in the quality of water that is necessary for maintaining
the ecology of the coral reef and for the recreational use
of coastal water, by analyzing the feasibility of installing
submarine transmitters as sewage treatment systems.
Furthermore, CETS, with the technical support
of PMAIB, will coordinate the elaboration of a regulation
concerning dredging activities, sea constructions, road infrastructure
works, sand extraction and large movements of soil as well
as a study regarding the load capacity of the territory and
visits to the coral reef, among others.
Article No. 47: Considering the special
characteristics of the Department of Bay Islands, the provisions
of the Law of Territorial Organization that establishes that
this department is under a special regime and this regulation,
the Ministry of Natural Resources and Environment will prepare
and put into effect as soon as possible a Table for Environmental
Categorization of Projects, which will be exclusively used
for issuing environmental authorizations in the territory
of the islands.
Article No. 48: In order to fulfill the
regulation, all governmental institutions, specially the Ministry
of Natural Resources and Environment, the Ministry of Governance
and Justice, the Ministry of Tourism and the State Forestry
Administration, must conduct the necessary activities for
training and strengthening the City Hall Environmental Units
of the Department of Bay Islands.
Article No. 49: These rules are mandatory
from the date they are published in the Official Newspaper
“La Gaceta”.
Issued in the Presidential House, Tegucigalpa,
City Hall of the Central District, on the thirtieth of November
of the year 2004.
MAKE IT PUBLIC
RICARDO MADURO
PRESIDENT OF THE REPUBLIC OF HONDURAS
THIERRY DE PIERREFEU
MINISTER OF TOURISM
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