Regulating Use of Laguna de Bay Shoreland Areas

The resolution is issued to implement Section 41(11) of Republic Act No. 4850, as amended.
Article 5 declares that the policy of the Authority under Republic Act No. 4850, as amended is to:
- Properly manage and control use and/or occupancy of Laguna de Bay shoreland areas within national socio-economic development plans and environmental concerns.
- Maintain all shoreland areas below elevation 12.50 meters as buffer zones in consonance with the Authority’s policies, plans, and programs for water quality management and the protection and conservation of Laguna de Bay’s water resources.
- Exercise administrative and regulatory control on land use and/or occupancy of the shoreland areas within the Authority’s plans and programs and manage such uses along desirable environmental considerations.
- Provide an administrative system where the rights of legitimate titleholders shall be respected.

The Laguna de Bay Shoreland Area (also known as the “buffer zone”) is the part of the lakebed along the lakeshore lying at elevation 12.50 meters and below and alternately submerged or exposed by the normal annual rising and lowering of the lake levels.
The datum elevation is a point 10.00 meters below Mean Lower Low Water (M.L.L.W.).
The buffer zone is a linear strip of open space designed to:
- separate incompatible elements or uses,
- control pollution/nuisance, and
- identify and define development areas or zones.
Backyard scale refers to poultry stock with a population of less than 501 birds.

The rules apply to:
- existing titled lands with elevation 12.50 meters and below, including those titled under the Torrens System prior to the enactment of P.D. No. 813 in 1975; and
- all other areas below elevation 12.50 meters, referred to a datum 10.00 meters below Mean Lower Low Water (M.L.L.W.).
The rules regulate the use/occupancy of all covered lands within the Laguna de Bay shoreland/buffer zone parameters.

Article 6, Section 1 allows the following uses/activities in all lands at and below elevation 12.50 meters, subject to the stated conditions:
- Tree farming/planting.
- Recreational use, provided that no permanent structures shall be constructed.
- Agricultural use, subject to all of the following conditions:
  - fertilizers must be regulated based on DA/FPA standards;
  - only less persistent pesticides shall be required (Cat. IV of FPA Standards);
  - Integrated Pest Management is practiced; and
  - the use does not result in land reclamation or backfilling.
- Fishponds, provided that exotic species shall not be allowed.
- Poultry, provided that only backyard scale poultry shall be allowed.
- Support facilities, limited to:
  - dockyard/boat shed;
  - research facilities; and
  - fishport.
- Other uses that will not pose pollution or cause disturbances to the lake’s ecological balance, subject to evaluation and approval of the LLDA.
Article 6, Section 2 strictly prohibits the following uses/activities in all titled and untitled lands below elevation 12.50 meters:
- piggery farms, regardless of number of heads;
- dumpsites;
- housing projects and subdivisions;
- factories and other manufacturing and commercial establishments;
- quarrying; and
- all other activities that will pose pollution and cause ecological disturbance to the lake.

For existing titled lands located at and below elevation 12.50 meters:
- All lands located at and below elevation 12.50 meters with existing titles acquired prior to the approval of Pres. Decree No. 813 of 1975 must be respected.
- Utilization of these lands for any purpose is subject to issuance of a Clearance by the Authority.
- No existing titled lands at and below elevation 12.50 meters may proceed with any development/activity that will pose problems on lake pollution, water quality management, and environmental control of Laguna de Bay, in accordance with the conditions and guidelines under Article 8.
For unfilled/unspecified or unfilled lands below elevation 12.50 meters:
- All applications for registration of lands along the shores of Laguna de Bay that are situated at and below the reglementary elevation of 12.50 meters (as referred to a datum 10.00 meters below M.L.L.W.) must be opposed in the DENR-Bureau of Lands and/or in court, as the case may be.
- Shoreland areas not covered by any government development plans, programs, or projects may be leased to bona fide residents or to duly organized people’s organizations, associations, or cooperatives, subject to the terms and conditions and to approval of the Authority.

The Laguna Lake Development Authority (LLDA) monitors enforcement of these implementing rules in coordination with the concerned Local Government Units.
Enforcement monitoring includes the following actions by the LLDA:
- monitor on-going/existing projects in the leased areas, issue notices of violation and orders to occupants violating the rules, and refer subsequent actions to the General Manager;
- conduct technical/field verifications and appropriate spot checking of the proponent’s activities;
- call upon and coordinate with the Legal Division for enforcement of all orders or processes under the rules;
- coordinate with the Legal Division for other legal actions/remedies relative to enforcement;
- act on all complaints regarding violations, including opposition to applications for lease and permits, and refer complaints to the Legal Division for appropriate sanctions consistent with existing laws and rules;
- forward to the General Manager appeals/decisions and records of appealed cases; and
- perform functions implied from, inherent in, or incidental to the foregoing.
The rules require quarterly reports:
- Reports of accomplishments/activities must include duplicate copies of clearances, permits, orders, decisions issued, exceptions allowed, or actions taken.
- These quarterly reports must be submitted to the Board of Directors through the Chairman and the General Manager.

The implementing rules take effect fifteen (15) days after publication in a newspaper of general circulation.