On March 24, 2022, the SEREMI MINVU of the Tarapacá Region issued Exempt Resolution No. 138 (hereinafter, the “Resolution”), in order to ensure that subdivisions and constructions on rural land do not give rise to urban nuclei outside of intercommunal urban planning, stipulated in the second paragraph of Article 55 of the Decree with force of law No. 458 of 1975, which approves the General Law of Urbanism and Construction (LGUC), instructed a series of criteria applicable to the Tarapacá Region.
To this effect, it established criteria within five thematic areas, taking into consideration both the National Rural Development Policy and the principles of exceptionality and discretionality. These areas are: i) social integration; ii) economic development; iii) environmental balance; iv) identity and heritage and institutionality; and v) governance.
Based on the above, the regional criteria established in the Resolution to ensure that subdivisions or constructions in rural areas do not give rise to new urban nuclei outside intercommunal urban planning are as follows:
1. Location, mobility and connectivity – in that the respective project must respect the rural characteristics of the environment, with respect to the densification and intensity of occupation of the rural territory, that there is consistency with housing programs and that there is concordance with local transportation systems, connecting at least through a public road or pathway, complying with minimum standards of urbanization and accessibility.
2. Rural areas with IPT studies in the process of approval – the project that signifies a future urban area may be authorized if it has an approved preliminary project or is in the process of being approved by the Mayor’s Decree or the Governor’s resolution, as appropriate.
3. Compatibility of uses – all projects authorized in accordance with the second paragraph of article 55 of the LGUC must be compatible with the existing use of the territory, avoiding negative impacts on the environment and human environment of the surrounding area.
4. Vulnerability and Surrounding Risks – as a general rule, all projects must avoid being located in risk areas and/or areas exposed to hazards. In exceptional situations where this is unavoidable, a risk study developed by a professional specialist and approved by the competent agency must be considered.
5. Safeguarding of elements of environmental, heritage, cultural and identity value – in this regard, an analysis of this condition and the importance of the intervention must be taken into consideration in the case of areas recognized as having environmental value. Regarding areas recognized as having heritage, cultural and identity value, rural development plans and programs, economic, social and cultural diversity, heritage, indigenous and local identities must be considered.
6. Territorial Concurrence of Productive Activities – any project that is considered inoffensive, annoying, unhealthy, polluting or dangerous must attend to and respect the pre-existing uses of the surrounding area.
7. Territorial Compatibility of Tourist Camp Activities – the activities, resorts or tourist camps of paragraph 3 of art. 55 LGUC, must comply with the criteria established in the Regulation on Minimum Sanitary Conditions for Campsites or Tourist Camps and Chilean Standard NCh2948.
These criteria will be applied particularly in the performance of the precautionary function that corresponds to the SEREMI de Vivienda y Urbanismo of the Tarapacá Region; all of the above in the context of future interventions in rural areas, and projects may be evaluated in terms of a particular casuistic criterion or on the basis of an integrated analysis.