Municipal Waters

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MUNICIPAL WATERS

include not only streams, lakes, inland bodies of water and tidal
waters within the municipality which are not included within the
protected areas as defined under Republic Act No. 7586 (The NIPAS
Law), public forest, timber lands, forest reserves or fishery reserves,
but also marine waters included between two (2) lines drawn
perpendicular to the general coastline from points where the
boundary lines of the municipality touch the sea at low tide and a
third line parallel with the general coastline including offshore islands
and fifteen (15) kilometers from such coastline. Where two (2)
municipalities are so situated on opposite shores that there is less
than thirty (30) kilometers of marine waters between them, the third
line shall be equally distant from opposite shore of the respective
municipalities.
DENR ADMINISTRATIVE ORDER NO. 2001 17
GUIDELINES FOR DELINEATING / DELIMITING
MUNICIPAL WATER

Thecoverage of this administrative order shall


be all the municipal waters as defined by Sec.
4(58) of RA 8550
DEPARTMENT OF AGRICULTURE ADMINISTRATIVE ORDER NO. _10_
Series of 2015, Sec. 4(66)
which include, not only streams, lakes, inland bodies of water
and tidal waters within the municipality which are not included
within the protected areas as defined under RA 7586 (The NIPAS
Law), public forest, timber lands, forest reserves or fishery reserves,
nut also marine waters included between two (2) lines drawn
perpendicular to the general coastline from points where the
boundary lines of the municipality touch the sea at low tide and
a third line parallel with the general coastline including offshore
islands and fifteen (15) kilometers from such coastline. Where two
(2) municipalities are situated on opposite shores that there is less
than thirty (30) kilometers of marine waters between them, the
third line shall be equally distant from opposite shore of the
respective municipalities. This administrative order shall not be
construed to preclude special agencies or offices in exercising
their jurisdiction over municipal waters by virtue of special laws
creating these agencies such as, but not limited to, the Laguna
Lake Development Authority and the Palawan Council for
Sustainable Development, pursuant to Sec. 17 of RA 8550.
Delimitation the determination of boundaries of municipal
waters between adjacent or opposite municipalities where the
delineation of their respective waters shows that their respective
municipal waters overlap
Delineation the determination of the outer limits of the
municipal waters of a municipality
BASIC POLICY

It is the policy of the State to protect the rights of the people,


especially the local communities with priority to marginal
fisherfolks, in the preferential use of the municipal waters. The
delineation/delimitation of municipal waters will define the
geographic extent of the city or municipalitys taxation or
revenuegenerating powers, its law enforcement jurisdiction,
resource allocation, and general management powers.
AGENCIES

Department of Environment and Natural


Resources (DENR)
NationalMapping and Resource Information
Authority (NAMRIA)
Local Government Units
Other Agencies and/or Entities
SYSTEMS AND PROCEDURES
REQUIREMENTS TO START DELINEATION
PROCESS

1. Filing of Request for Delineation


All requests for delineation and delimitation of municipal waters
shall be directed to the Administrator of the NAMRIA, through the
Director of the Coast and Geodetic Survey Department.
A request may be made by any of the following:
a) a city or municipality individually or jointly with other
cities/municipalities with whom common boundaries are shared,
through a resolution of the Sangguniang Panglungsod or
Sangguniang Bayan;
b) a province on behalf of all its coastal municipalities, through a
resolution of the Sangguniang Panlalawigan
c) a national government agency on behalf of any city or
municipality, through a formal letter/request signed by the head of
the agency, but only with the conformity of the affected local
government unit/s, expressed in form of a resolution of the
Sanggunian concerned which shall be attached to the
letter/request.
2.
Basic Technical Requirements for
Requesting Entity
Thefiling of request for delineation must
include basic technical requirements such as:
a) a list of known or named islands and maps of
said islands under the jurisdiction of the municipality
whose municipal waters are to be delineated and
delimited; and
b) a copy of the legislation/proclamation creating
the municipality or city.
3. Response
PROCEDURE FOR DELINEATION AND
DELIMITATION OF MUNICIPAL WATERS

1. Delineation of Municipal Waters


a) Use of normal baselines
b) Use of straight baselines
c) Use of Municipal archipelagic baselines
d) Combination of baselines
2. Delimitation of Adjacent Municipal Waters
a) Where the general coastline is not curved or irregularly shaped at
the coastal terminal point of the land boundary common to two (2)
adjacent municipalities, the lateral boundary shall be determined
by a line perpendicular to the general coastline at the terminal
point.
b) Where the general coastline at the point where the land
boundary touches the sea is curved or irregularly shaped, making
the determination of a perpendicular line impossible, the lateral
boundary between two (2) adjacent municipalities may be
determined by either of the following methods, depending on the
complexity of the coastline:
i. Simplified bisection
ii. Equidistance line
3. Determination of Opposite Municipal Waters
4. Delimitation of Municipal Waters of Three or More Adjacent
and Opposite Municipalities
5. Municipal Water Boundary Delimitation Prior to Republic Act
No. 8550
6. Finalization Only After Approval
7. Depth Curve
8. Demarcation of Marine Reserves, Sanctuaries, or Other Special
Areas
PUBLICATION AND PUBLIC HEARING

1. Public Hearing
2. Disputes with Adjacent or Opposite Municipalities
a) Amicable Settlement Encouraged
b) Irreconcilable Differences
c) Dispute Before Other Fora
REVISION AND FINALIZATION

1. Certification of Final Map


2. Enactment of Ordinance
3. Repository Function

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