All Roll Calls
Yes: 0 • No: 0
GuamBill No. 164-38 (COR)38th Guam Legislature (2025-2026)legislatureWALLET
AN ACT TO ADD A NEW ARTICLE 2A TO CHAPTER 61 OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO STREAMLINING THE ZONING LAW FOR AFFORDABLE HOUSING.
Sponsored By: Tina Rose Muña-Barnes (Democrat)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 3 benefits, 0 costs, 2 mixed.
30-year affordability and who qualifies
Affordable housing under this law serves households earning 30% to 150% of Guam’s Area Median Income. To join the program or use the fast-track zoning, a project must record a Land Use Restriction Agreement (LURA) with the Department of Land Management. The LURA keeps the units affordable for 30 years from the certificate of occupancy. It must allow monitoring and set penalties for early ending or breaking the rules.
Stronger sewer rules and enforcement in water zones
Projects over the Northern Guam Lens Aquifer or in groundwater protection zones must connect to public sewer when it exists. If sewer is not available, only single‑family homes may use GEPA‑approved advanced on‑site systems, and only outside the protection zone with proper siting and performance. Multi‑family or high‑density projects in these areas cannot use on‑site nitrogen‑reducing systems and must connect to sewer or meet GEPA standards. The Department of Land Management and GEPA set rules and require inspections every two years. Breaking zoning or environmental rules can lead to fines and loss of approvals.
Easier zone changes for more homes
The law lets land in A (Agricultural), R‑1, C (Commercial), H (Hotel), or PUD zones be changed to R‑2 multi‑family, if R‑2 rules are met. It also lets A (Agricultural) land be changed to R‑1 single‑family, if R‑1 rules are met. Outside the Hagåtña Central Business District, buildings are capped at 30 feet unless GLUC grants a variance.
Faster zoning decisions and clear roles
The Guam Land Use Commission (GLUC) approves zone designations and considers advice from the Application Review Committee. The Department of Land Management (DLM) runs the process and must adopt rules within 45 days. The Bureau of Statistics and Plans (BSP) must send its position within 30 days, with one 30‑day extension allowed in writing. DLM must approve or deny zoning designations within 30 days and issue zoning determinations within 90 days after a complete application. DLM forwards complete files to GLUC for a preliminary, conditional zoning decision before final site and permit approvals. The law allows funding for BSP staff and mapping tools to keep reviews on time.
Faster local hearing with mayor sign-off
For affordable or mixed-income projects serving 30% to 150% of AMI, the Mayor can hold one Municipal Planning Council (MPC) meeting at the same time as the Department of Land Management (DLM) hearing. After the hearing, the Mayor must send a signed resolution to DLM within 7 days. Developers must add this resolution to the application file. The Mayor and the MPC can also send more comments during final ARC and GLUC review.
Sponsors & Cosponsors
Sponsor
Tina Rose Muña-Barnes
Democrat • legislature
Cosponsors
Joe S. San Agustin
Democrat • legislature
William A. Parkinson
Democrat • legislature
Roll Call Votes
legislature vote • 10/3/2025
Floor Vote
Yes: 0 • No: 0
Actions Timeline
Public Law 38-74 — signed
10/17/2025GovernorCommittee report filed
9/12/2025legislaturePublic hearing held
7/22/2025legislatureFiscal note filed
7/15/2025legislatureFiscal note requested
7/7/2025legislatureReferred to committee
7/7/2025legislatureIntroduced as Bill No. 164-38 (COR)
6/27/2025legislatureTransmitted to Governor
legislature
Bill Text
Introduced
6/27/2025
Committee Report
Enrolled (Public Law)
Transmittal
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