Title 21, Real Property

After such public hearing, if the Guam Land Use Commission determines that the standards set forth in § 61602 are met, the Guam Land Use Commission shall issue a permit. Any person aggrieved by a decision of the Guam Land Use Commission under this section shall have the right to …

(a) The nonconforming use of a building or premises for the purpose of operating a junk yard within any Agricultural (A), Residential (R1 and R2), or Commercial Zone (C and LC) shall, within five (5) years after the effective date of this Chapter, be discontinued and the building…

The Building Official designated in Chapter 66 of this Title shall have the power and duty to enforce the provisions of this law. All authority granted to him by Chapter 66 of this Code may be used in furtherance of these enforcement activities, whenever such authority is necessa…

Before commencing the construction of a new building or structure, or the alteration, enlargement or moving of an existing building or structure, a building permit authorizing such work shall first be obtained from the Building Official as provided for in Chapter 66 of this Code;…

No building permit or certificate of occupancy shall be issued by the Building Official for the erection, alteration, enlargement, or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this law. Any buil…

No license pertaining to the use of land or building shall be issued by any department, officer or employee of the government of Guam, vested with such duty, unless the application for such license has been approved by the Building Official as to the conformance of said use with …

Any government official or person(s) may file a complaint with the Director of the Department of Public Works. (a) Filing. Complaints of violations of zoning laws shall be made in writing to the Director of the Department of Public Works. A complaint for zoning violations, when r…

The Director of the Department of Public Works shall investigate all violation complaints within ten (10) days of submission. Investigative findings shall be completed and issued within 30 working days from receipt of complaint. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013).

(a) Such person(s) in receipt of the notice of violation; the owner, occupant, lessee, mortgagee, agent and other person(s) having control over the activities or use of said area, or all of the aforementioned, shall be notified in writing with a detailed description of the violat…

(a) Failure to rectify violations within ten (10) days of the receipt of the notice of violation shall be assessed a fine of One Hundred Dollars ($100.00) per day until the violation has been rectified according to § 61607 of this Chapter. COL 2026-04-23 (b) In the event the viol…

All monies collected from fines according to § 61608 of this Chapter shall be deposited into the DPW Building and Design Fund for the administrative costs to the division for the enforcement of zoning laws. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013).

Any determination of finding(s) of the violation of zoning laws by the Director of the Department of Public Works or his/her designee shall be final. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013).

A complainant, or any person in receipt of a notice of violation who wishes to, may, within 10 working days, appeal the determination of finding(s), or lack of findings by the Director of the Department of Public Works, and may file such appeal and submit to the Guam Land Use Com…

The Guam Land Use Commission shall also have and exercise the following powers: COL 2026-04-23 (a) To hear and decide appeals where it is alleged by the appellant that there is an error in any refusal of a building permit or certificate of occupancy, or other order, requirement, …

Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Chapter would occur from its strict literal interpretation or enforcement, the Guam Land Use Commission shall have authority to grant such variances therefrom as may be …

(a) No variance shall be granted by the Commission unless it finds: (1) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the law; (2) That there are ex…

An application for variance shall be filed with the Executive Secretary of the Commission upon a form and accompanied by such data and information as the Commission may prescribe. SOURCE: GC § 17503.

(a) Upon the filing of a variance application, the Commission shall fix a reasonable time for hearing the same and shall give notice thereof to the applicant and may give notice to any other parties in interest. All hearings shall be conducted in the affected municipality and sha…

If, from the facts presented with the application at the hearing, or by investigation by or at the instance of the Commission, the Commission makes the findings set forth in § 61617, it may grant the variance in whole or in part, upon such terms and conditions as it deems necessa…

The decision by the Commission on any variance shall be final, except that any party aggrieved by such decision shall be entitled to a judicial review thereof by application to the Superior Court within fifteen (15) days after the filing of the Commission’s decision in the Depart…

The Superior Court of Guam shall have jurisdiction over all actions arising from the provisions of this Title. SOURCE: GC § 17507. NOTE: Pursuant to P.L. 12-085:55 (Jan. 16, 1974), references to Island Court of Guam were altered to Superior Court of Guam.

(a) The Municipal Planning Council of each municipal district to be affected by a proposed variance shall review the request and express its support or opposition thereon by resolution adopted by a majority of its members, and submit such resolution to the Commission within twent…

The government of Guam shall not, in considering proposed variances, allow any part of the Guam Park System to be used by a private landowner to fulfill the parking or other requirements of the construction which is the subject of the proposed variance. SOURCE: Added by P.L. 20-1…

The Commission may, with the approval of I Maga’håga/Maga’låhi, change the zones established under this Chapter whenever it finds that the public necessity, convenience and general welfare justify such action. SOURCE: GC § 17600. 2025 NOTE: Reference to the “Governor” replaced wi…

A proposed change may be initiated by the Commission or by an application directed to the Commission by any person owning or leasing real property within the area covered by the zone. SOURCE: GC § 17601.

An application for a change of zone shall be filed with the Commission upon a form and accompanied by such data and information as the Commission may prescribe. SOURCE: GC § 17602.

(a) Upon the filing of an application for a change of zone, the Commission shall hold at least one (1) hearing thereon in the municipal district where the property to be rezoned is located, as such districts are described in Chapter 40, 5 GCA Government Operations, and a notice o…

(a) The Commission shall consider the proposed change of zone and may approve or disapprove the same, in whole or in part. The Commission shall make its findings and determination within forty (40) days from the date of the hearing thereon and shall forward notice of such decisio…

(a) A PD District enables the unified development of a substantial land area with such combination of uses as shall be appropriate to an integrated plan for the area. The procedure for establishing a PD District is the same as that for the rezoning of an area, providing that a de…

Any changes of zones or approval of comprehensive community plan pursuant to this Chapter shall be endorsed and delineated upon the Zoning Map and shall constitute an amendment of said map. SOURCE: GC § 17606.

No additional land may be established as a rural zone and no land presently zoned A may be rezoned without the Commission first having considered an agricultural impact statement which shall be submitted by the Director of the Department of Agriculture. This statement shall provi…

(a) The Municipal Planning Council of each municipal district to be affected by a proposed zone change shall within forty (40) days from the date of a public hearing held thereon by such Council express its support or opposition thereon by resolution adopted by the majority of it…

The Department of Land Management (the Department) is directed to set up a procedure whereby landowners of agriculturally- or single family residentially-zoned properties in Guam can expeditiously apply for rezoning of their parcels. Owners of agriculturally-zoned property may ap…

For any property rezoned to M1 within two (2) years of also applying for a conditional use for workforce housing, the property shall revert to the zone prior to the granting of the M1 zone when the approval for workforce housing expires, or a new application for continued M1 zone…

Upon the approval of any zoning map or amendment thereto, a copy of the same together with any terms and conditions of said approval shall be recorded in the Department of Land Management’s Office of the Registrar. SOURCE: GC § 17625. Amended by P.L. 36-007:5 (Mar. 5, 2021).

Any Zoning Map or amendment thereto recorded pursuant to this Subarticle shall be open to public inspection during normal government business hours. SOURCE: GC § 17626.

The Zoning Map or any amendments thereto adopted by the Commission and approved by I Maga’håga/Maga’låhi shall be submitted to the next portion of the next regular session of I Liheslatura convening after the said approval. The Zoning Map or any amendments thereto shall remain in…

The Zoning Map or any amendments thereto not submitted to I Liheslatura in accordance with this Subarticle shall become automatically inoperative and void at midnight of the last day of the session to which it should have been submitted. SOURCE: GC § 17628. 2025 NOTE: Reference t…

(a) Applications for services. Before accepting any application for the following, the Commission shall charge and collect the following filing fees for the first five (5) pages thereof and Twenty-five Cents ($.25) for every additional page: TYPE OF APPLICATION AMOUNT (1) Appeals…

Any person, firm, corporation or officer thereof, violating any of the provisions of this Chapter shall be guilty of a petty misdemeanor. Such person, firm or corporation shall be deemed guilty for each day during any portion of which any violation is committed, continued, or per…