Guam Administrative Code

§3501. Authority . These Rules and Regulations are promulgated by the Territorial Planning Commission under authority of 21 GCA Chapter 60 and Chapter 61, and Executive Order No. 78-21.

§3502. Purpose . The purpose of these Rules and Regulations is to establish procedural guidelines and performance standards for development and conservation of wetland areas pursuant to Executive Order No. 78-21.

§3503. Intent . These Rules and Regulations apply to those land and water areas delineated as Wetland Areas of Particular Concern on an official map of wetlands as approved by the Territorial Planning Commission and retained by the Departments of Land Management, Parks and Recrea…

§3504. Definitions. (a) Area of Particular Concern (APC) : A specifically designated geographic area where the presence of unique or significant natural resources, geologic constraints, hazards or other exceptional geographic characteristics warrants and requires the application …

§3505. Procedures for Development Within Designated Wetland Areas of Particular Concern. (a) Before issuance of any permit for development within a wetland APC, a tentative plan for the proposed development shall be submitted to the Territorial Planner including a thorough descri…

§3506. Standards for Development and Conservation of Wetland APCS. (a) All development within a wetland APC shall comply with all air and water quality, erosion and sedimentation control standards and other applicable pollution standards as promulgated by the Guam Environmental P…

§3507. Designation of Wetland Areas of Particular Concern . (a) The Commission shall designate as initial wetland areas of particular concern those wetlands identified on the Bureau of Planning's Community Design Maps, as approved by the Governor, and those mangrove strands and w…

§3601. Legislative Authority . These Rules and Regulations are promulgated pursuant to 5 GCA §1203.

§3602. Definitions. (a) Council means the Territorial Planning Council. (b) Public Meeting means a gathering of members of the public called together by an applicant for the purpose of obtaining input in the development of a plan. (c) Public Hearing means a gathering of members o…

§3603. Plan Preparation. (a) It is the policy of the Council that the public be afforded maximum opportunity to participate in the preparation of the Comprehensive Development Plan and elements thereof. (b) At least one public meeting shall be held at the start of the plan prepar…

§3604. Plan Submission. (a) Not later than thirty (30) calendar days after compliance with 5 GCA §1214 of the Government Code of Guam which provides for affected agency input, the plan and supporting documents shall be submitted to the Council via the Council's staff by the appli…

§3605. Plan Review. (a) The Council recognizes that certain legally-mandated plans are already required to be heard publicly under the laws or regulations dealing with these plans. It is the Council's intent that hearing requirements be consolidated to reduce time and expenses wh…

§3606. Plan Adoption

§3607. Plan Adoption. (a) Within twenty (20) calendar days after the last public hearing on a plan, the Council shall meet to develop its recommendations to the Governor. ART. 6 - COMPREHENSIVE DEVELOPMENT PLAN - 1997 UPDATE - P. 60 (b) Within thirty (30) working days after the l…

§3608. Plan Implementation. (a) The applicant shall be principally responsible for implementing an approved plan. Status reports on plan implementation shall be submitted by the applicant to the Council every six (6) months after plan approval by the Legislature. These reports sh…

§3609. Plan Update . (a) All plans shall be updated three (3) calendar years after approval by the Legislature. Should circumstances warrant an earlier update, the Council shall so inform the applicant at the earliest possible time to allow the applicant to obtain necessary fundi…

§3610. Severability. (a) If any part or section of these regulations is declared to be invalid by a court of law or administrative tribunal for any reason, the rest of these regulations shall not be affected thereby and shall remain valid and enforceable. ART. 7 - DEVELOPMENT REV…

§3611. Order of Business

§3612. Parliamentary Procedures - The Rules of Order

§3613. Amendments NOTE: The original Development Review Committee Rules were promulgated through the administrative adjudication process and submitted to the Guam Legislature on November 14, 1990.

§3701. Authority. These Rules are promulgated under the authority of Executive Order 90-09, May 25, 1990 (See Appendix A); Executive Order 92-06, February 21, 1992 (See Appendix B); and the Administrative Adjudication Law (Title 5 Guam Code Annotated, Section 9100, et seq.)

§3702. Purpose. The Committee is an entity formulated for the purpose of providing the Territorial Land Use Commission/Territorial Seashore Protection Commission (TLUC/ TSPC/Commission) with technical and professional review, analysis, advice, and individual agency positions conc…

§3704. Organization. (a) Voting Members. Voting members as defined in Executive Orders 90-09 and 92-06 are: (1) Planning Division, Department of Land Management; the Territorial Planner shall be the Chairperson; (2) Building Permit Section, Department of Public Works; (3) Departm…

§3705. Duties and Functions. The DRC shall: (a) Promote and assure the compliance of development with all laws, and applicable governmental policies and plans; (b) Advise petitioners on alternatives to ensure that proposed projects comply with applicable laws; (c) Advise petition…

§3706. Support Staff. The Planning Division of the Department of Land Management shall provide staff support to: (a) Implement the intent of Executive Orders 90- 09, 90-10, and 92-06; (b) Retain project files by lot number, municipal district, petitioner, type of application or o…

§3707. Meetings. (a) There shall be at least two (2) regular DRC meetings per month. These meetings shall be held on alternate Thursdays from the TLUC/TSPC meetings unless such meeting falls on a legal holiday. If a regular meeting was not held on the aforementioned days then in …

§3708. Application Procedure. (a) Applications for: (1) Conditional Uses; (2) Zone Changes; (3) Zone Variances; (4) Subdivision Variances; (5) Tentative and Final Subdivisions; (6) Wetland Permits; (7) Seashore Clearances; and (8) Other land use permit applications shall meet the…

§3709. Approval of Agendas . (a) The Territorial Planner shall compile all written comments and prepare a proposed agenda for TLUC/TSPC. The proposed agenda will be submitted to DRC for review and final unanimous approval by the voting members prior to referral to ART. 7 - DEVELO…

§3710. Voting. (a) Motions on procedural matters shall be passed by majority vote of those voting members present. (b) Motions on TLUC/TSPC agenda application items to be forwarded to the TLUC/TSPC shall be passed by unanimous vote of those voting members present. (c) Voting shal…

§3711. Order of Business. At the regular meetings of the Committee, the following shall be the order of business: (a) Taking of Attendance; (b) Approval of Minutes; (c) Old or Unfinished Business; (d) New Business; (e) Approval of TLUC Agenda; (f) Approval of DRC Agenda; (g) Admi…

§3712. Parliamentary Procedures - The Rules of Order. Parliamentary procedures set forth in Robert's Rules of Order shall govern the conduct of all Committee meetings except as otherwise provided.

§3713. Amendments. These Rules and Regulations may be amended pursuant to the Administrative ART. 7 - DEVELOPMENT REVIEW COMMITTEE - 1997 UPDATE - P. 71 Adjudication Law (Title 5 Guam Code Annotated, §§9100-9312).

§4101. Authority, Purpose and Duties . (a) Pursuant to the authority of Executive Order 74-23 of the 24th day of May 1974, set out herein are rules and regulations promulgated for the purpose of: (1) Expediting the review of all subdivisions that require improvements, zone change…

§4102. Meetings. (a) There shall be at least two (2) meetings a month. These shall be held on alternate Thursdays from the Territorial Planning Commission meetings unless such meeting falls on a legal holiday. In those instances the meeting shall be on the preceding Tuesday. Spec…

§4103. Organization. (a) Membership Shall be Divided Into These Categories: (1) Voting members are defined in Executive Order No. 74-23. Alternate voting members shall be permissible when designated in writing by the respective members' agency, director or head executive officer.…

§4104. Application Procedure . (a) Acceptance of Application. Applications for subdivision approvals, zone changes and variances shall meet all the current requirements of the Territorial Planning Commission. Completed applications, with seven (7) additional copies, shall be subm…

§5101. Title. The Title shall be known as Government Subdivision Rules and Regulations.

§5102. Authority. These Rules and Regulations are promulgated pursuant to the provisions of Public Law 11- 44, Maimai, Sinajana Subdivision; Public Laws 11-91 and 9- 235, Pigua, Merizo Subdivision; Public Law 10-195, Pagachao, Agat and As-Tumbo, Dededo Subdivision; and Public Law…

§5103. Purpose . The purpose of these Rules and Regulations is to provide uniform procedure regulating the disposition of government land in subdivisions in compliance with applicable public laws.

§5104. Definitions . (a) For the purpose of these Rules and Regulations, certain terms are defined as follows: (1) Department - The Department of Land Management. (2) Director - The Director of Land Management. (3) Committee - Public Lands Subdivision Committee. (4) Rules and Reg…

§5105. Qualifications . (a) Any person who is a bona fide resident of Guam, a U.S. citizen and of legal age. (b) All business enterprises licensed to do business on Guam. (c) No person, his or her spouse, or business enterprise shall qualify who has owned within the past ten (10)…

§5106. Committee. (a) Name and Function. There is hereby created a Public Lands Subdivision Committee. The Committee shall review and investigate all complaints relative to the program created in §5102 above. The Committee shall uniformly regulate the administration of these Rule…

§5107. Applications . (a) Form . All applicants shall complete and submit a Government Subdivision Application in the approved form. (b) Period . The Administrator shall designate the period during which applications shall be accepted, provided, however, that said time designated…

§5108. Application - Evaluation. No later than twenty- five (25) working days after termination of the application period, all applications shall be evaluated as follows: (a) Land Administration Division . The Division shall evaluate each application and assign a priority rating …

§5109. Administration . The Administrator upon receipt of the final report shall expeditiously proceed to execute the program subject to the following: (a) The award of lots shall be in strict accordance with the final report as approved by the Governor. (b) No applicant shall be…

§5110. Repeal. NOTE: Rule-making authority cited for formulation regulations for the Public Lands Subdivision Committee by the Director of Land Management, 21 GCA Chapter 75. Public Law 12-226 repealed Chapter VI, Leases and Sales of Title XIV of the Government Code, consisting o…

§ 6101. Authority and Purpose. (a) Authority. Pursuant to the mandate of Public Law 12- 226, now codified as Chapter 75 of Title 21, Guam Code Annotated, these rules and regulations are promulgated as authorized by §75103 of Title 21, Guam Code Annotated, to govern the implementa…