Law Summary
Legal Basis and Policy Objectives
- RA 8435 aims to promote equitable distribution of opportunities and income, industrialization based on agricultural development, and sustained increase in production.
- The state focuses on industries using human and natural resources efficiently and competitively.
Definition and Scope of Land Use Accounting
- Land use accounting includes total municipal area minus protected areas such as National Integrated Protected Areas Systems (NIPAS), military and civil reservations, mineral/geothermal reserves, watercourses, hazards, and environmentally critical areas.
- Net buildable area is calculated after deducting existing built-up areas and protected lands to determine land available for urban expansion.
Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD)
- NPAAAD comprises areas to ensure sustained production of agricultural and fisheries commodities.
- Includes:
- All irrigated areas and those with irrigation projects with firm funding.
- Alluvial plains highly suitable for agriculture.
- Agro-industrial croplands supporting existing infrastructure.
- Highlands above 500 meters for semi-temperate and high-value crops.
- Ecologically fragile agricultural lands, mangroves, and fish sanctuaries.
- All fishery areas as defined by the Fisheries Code of 1998.
- Conversion of these lands subject to RA 8435 and related laws.
Mapping and Digitization Responsibilities
- BSWM, in coordination with NAMRIA, shall undertake mapping and digitization of NPAAAD and SAFDZ.
- Maps must be incorporated into the National Information Network and made publicly available.
Strategic Agriculture and Fisheries Development Zones (SAFDZ)
- Identified within NPAAAD to ensure efficient, sustainable use of lands for food and non-food production and agro-industrial purposes.
- SAFDZ maps serve as bases for evaluating land conversion proposals.
- Every LGU must prepare and update land use plans and zoning ordinances incorporating SAFDZ within one year from finalization.
Data and Planning Requirements for LGUs
- LGUs must use data from Department of Agriculture and BSWM on NPAAAD and SAFDZ for land use planning.
- The identification process involves consultation with LGUs, NGOs, and farmer/fisherfolk organizations.
- Maps covering NPAAAD and SAFDZ areas must be used in urban and rural planning decisions.
Key Definitions
- Agricultural Lands: Lands suitable for cultivation, livestock, aquaculture, and other farming activities not classified under other land types.
- Agriculture and Fisheries Modernization: Transformation of sectors into dynamic, technologically advanced, competitive industries centered on sustainability and social justice.
- Farmers and Fisherfolk Organizations: Registered cooperatives or associations composed primarily of small producers.
- Farm-to-Market Roads: Roads connecting production sites to markets and arterial roads.
- Food Security: Policy objective ensuring availability and affordability of food through local production or importation, prioritizing rice and white corn sufficiency.
- Irrigable and Irrigated Lands: Lands with potential or actual water irrigation facilities.
- SAFDZs: Areas within NPAAAD designated for concentrated production, processing, and marketing activities to modernize agriculture and fisheries sustainably.
Compliance and Enforcement
- HLURB monitors compliance with integration of SAFDZ into LGU plans.
- Conversion of protected agricultural areas is regulated strictly under RA 8435 and implementing rules.
- Coordination among DA, BSWM, NAMRIA, and LGUs is essential for guided land use planning supporting agriculture and fisheries modernization.