Draft environmental impact statement and proposed coastal management program for the Territory of Guam

[From the U.S. Government Printing Office, www.gpo.gov]

."I OF 0
Volume 2 of 2 F,@!
Guam
Coastal Management
*5'?A?rS Of
Program and
Draft Environmental
Impact Statement

U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Office of Coastal Zone Management

HT
395
.G8
U58
1979
v.2
c.4

UNITED STATES DEPARTMENT OF COMMERCE

DRAFT ENVIRONMENTAL IMPACT STATEMENT

AND

PROPOSED COASTAL MANAGEMENT PROGRAM
FOR-THE

.TERR,ITORY OF GUAM

PrOPOXtY Of C13C Library

Prepared by:

Office of Coastal Zone Management
National Oceanic and Atmospheric
Admi ni strati an
Department of'Commerce
3300 Whitehaven Street, N.W.
Washington, 0. C. 20235

and

Bureau of Planning
Government of Guam
P. 0. Box 2950
Agana, Guam 96910

U.S. DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HOHON AVENUE
CHARLESTON , SC 29405-2413

CONTENTS

APPENDIX 1. Legal Authorities

APPENDIX 2. Summary Tables, CZM Land-Use Opinion Survey

APPENDIX 3. National and Guam Registers of Historic Places

APPENDIX 4. Lists of Endangered and Threatened Plant and
Animal Species on Guam

APPENDIX 5. Relationship of Agencies Under Current Programs

APPENDIX 6. Guam Environmental Protection Agency Programs
and@ Responsibilities

APPENDIX 7. Background Materials

APPENDIX 1. LEGAL AUTHORITIES

LEGAL AUTHORITIES
Page
I. Local (Guam) Legislation
A. Comprehensive Planning Enabling Legislation (P.L. 12-200), as
amended by P.L. 13-89 . . . . . . . . . . . . . . . . . . . . . . . I

B. Zoning Law . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6

C. Subdivision Law, as amended by P.L. 13-69 . . . . . . . . . . . . 25

D. Guam Territorial Seashore Protection Act, as amended by P.L. 13-52
and 13-154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

E. T@rritorial Beach Areas Act . . ... . . . . . . . . . . . . . . . 41

F. Guam Land Conservation Act . . . . . . . . . . . . . . . . . . . . 43

G. Parks and Recreation Enabling Legislation, as amended by P.L. 14-12 49

H. Historical Objects and Sites . . . . . . . . . . . . . . . . . . . 53

I. Game and Fish Laws . . . . . . . . . . . . . . . . . . . . . . . . 62

J. Coral Harvesting Laws . . . . . . . . . . . . . . . . . . . . . . 67

K. Endangered and Threatened Species . . . . . . . . . . . . . . . . 68

L. Public Rights Provisions . . . . . . . . . . . . . . . . . . . . . 69

M. Guam Natural Resources Board .. . . . . . . . . . . . . . . . . . . 70

N. Guam Energy Office Enabling Legislation . . . . . . . . . . . . . 71
II. Executive Orders

A. Land-Use Policies . . . . . . . . . . . . . . . . . . . . . . . . . 75

B. Land-Use Districts and Guidelines . . . . . . . . . . . . . . . . 81

C. Protection of Wetlands . . . . . . . . . . . . . . . . . . . ... . 89

D. Flood Hazard Areas . . . . . . . . . . . . . . . . . . . . . . . . 90

E. Hunting Regulations . . . . . . . . . . . . . . . . . . . ... . . 92

F. Subdivision and Development Review Committee . . . . . . . . . . . 97

III. Regulations

A. Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

B. Flood Hazard Areas . . . . . . . . . . . . . . . . . . . . . . . . 110

C. Resort-Hotel Zone . . . . . . . . . . . . . . . . . . . . . . . . 122

D. Territorial Seashore Protection Commission . . . . . . . . . . . . 133

IV. Federal Legislation

A. Submerged Lands . . . . . . . . . . . . . . . . . . . . . . . . . . 138

B. Paseo de Susana . . . . . . . . . . . . . . . . . . . . . . . . . 140

C. Organic Act of Guam, Section 1422 re: Executive Orders . . . . . 142

V. Pending Legislation

A. An Act to Abolish the Central Planning Council . . . . . . . . . . 143

B. An Act to Amend the Definition of the Seashore Reserve . . . . . . 144

VI. Attorney General's Opinion on the Rule Making and Regulatory Authority
of the Territorial Planning Commission . . . . . . . . . . . . . . . . 145

Government Code

TITLE LXV [LXVI)
CHAPETER II
Comprehensive Planning

62010. Legislative findings.
62011, Comprehensive planning objectives.
62012. Central Planning Council.
62011 Council responsibilities.
62014. Coordination of functional responsibilities.
62015. Plan review.
62016. Plan adoption.
62017. Bureau of Planning,
62018. Same.
62019. Some powers
62020. Plan content.
62021. Soverability.
62010 Legislative findings. The people of Guam, finding that
the island is experiencing unprecedented economic, physical and popula-
tion growth without any comprehensive planning program, that this
undisciplined growth jeopardizes the historic, cultural, and natural as-
pects of their island heritage, threatens to lower their quality of life,
exploits their natural resources and ciften misdirects their fiscal re-
sources, hereby declare that the Government of Guam shall initiate, a
systematic continuoum rearsighted planning policy which shall utilize the
best intelligence available to,
(a) identify territorial goals and objectives,
(b) propose long-range plans to reach these territorial goals and objec-
tives.
(c) coordinate the planning of a11 governmental and non-
governmental activities with a dynamic comprehensive development
plan, and
(d) provide factual data, projections, and analyses to waist policy
makers in the selection of programs and the establishment of priorities.

� 62011. Comprehensive planning objectives. Initial objec-
tives, which will be amended and expanded as conditions warrant, are:
(a) to determine the extent that our natural resources limit urban and
rural development.
(b) to plan for the preservation of the natural charm and character of
Guam within the framework of a growing population and modern
technology.
(c) to establish generalized areas of use within an urban, rural, ag-
riculture, conservation, and resort context.
(d) to provide a development pattern that enhances the comfort, con-
venicnee and economic welrom of the individual.
(a) to prepare land capability criteria as a basis for real property
evaluation that tonds to equalize the divergent qualities of location
0M, to reappraise the total land tenure of the territory and provide
guidelines for relocation of inefficient or inappropriate major ueses.
(g) to plan for the development and estansion of the infrastructure
and transportation facilities.
(h) to plan for a high uality environment essentially free from pollu-
tion and withadeuate and well-keptopen space throughout our varying
activity centers
(i) to prepare criteria of substandard neighborhoods and identify
over that meet criteria levels.
(j) to recommend creative legislation regulating our use of land for the
protection of future generations.

62012. Central Planning Council. Creation and membership,
(a) There is created in the Government of Guam a Central Planning
Council (hereinafter referred to as,council), consisting of seven mem-
bers to be appointed by the Governor from heads of departments or
agencies of the government of Guam, The Attorney General or his
authorized designee shall act as legal counsel to the Council,
(b) The Director of Planning shall be the Chairman of the Council.
(c) Council members maybe represented by designees at meetings but
only members or those officially acting for the members may cast a vote,

62013. Council responsibilities. The Council shall have the
following responsibilities:
a) to act as an advisory, reviewing, and coordinating body to har-
mamize, improve and assist in implementing planning activities at all
levels of government;
b) to insure that the current planning programs are consistent with
the comprehensive developmet plan and the Comprehensive Program
and Financial Plan (as referenced in the Executive Budget Act) and the
policies enumerated in this Chapter.
(c) to adopt any rules at regulations in accordance with the Adminis-
trative Adjudication Act and exercise all other powers necessary and
proper for the discharge of its responsibilities.

(d) to encourage the establishment of advisory committees from the
village commissioners, legislative staff officers and the collective civic
organizations, which Advisory committees will organize at their own
discretion and meet on their own initiative or at the request of the
Council:
(0) to review all comprehensive development plan elements, as refej,
enced in 1 60020 with the assistanee of advisory committees, and the
Bureau of'Planning, and make detailed written recommendations to the
Governor, including minority dissenting opinions, for approval. disap.
proval, revision, amendment or referral to apmific agencies or groups for
further study and review; and
(1) to report on the first Monday of December to the Governor or
Govemor-elect in an election year, a summary of the planning program
and progress.

1 62014. Coordination of functional responsibilities. All
agencies. departments, boards, commissions and other lostrumen.
Latities of the Territorial government shall review their.present statu.
Wry authority, administrative regulations andeurrent planning policies
and procedures to determine whether there is any duplication, any
deficiencies or inconsistencies therein which prohibit or tend to prohibit
full accommodations between them and the purposes and provisions of
this Chapter and shall propose to the Council each January such mea.
sures as may be necessary to bring their planning authority and policies
into conformity with the intent, purposes, and procedures set forth in
this Chapter. All master plans, development plans, long-range plans,
and the like prepared by public agencies, will be required to be submitted
to the Council for processing as part of the comprehensive planning
program. Emphasis will be placed on the continuing nature of the com-
prehensive plan program rather than A final completion ofa single plaiL
The Council may assign, with concurrence of the director or head of
agency involved, planning staffs or portions thereofofetaffor line agan-
cies who shall prepare portions of the plan under the supervision of the
Director of Planning.

1 62015. Plan review. Comprehensive Plan Elements, prepared
by the various public agencies, will be submitted to the Council for
review. Following recommendation by the Council, Plan elements will
be transmitted to the Territorial Planning Commission (hereinafter
called TPC) for public hearing and subsequent transmittal to the Gover.
nor by the TPC with a summary of public hearing testimony and TPC
recommendations.

11 62010. Plan adoption. Comprehensive Plan elements received
by the Governor from the TPC may be approved, disapproved or referred
to the Council fbr further recommendation prior to approval. Following
approval by the Governor, Plan elements shall be submitted to the Gum
I&gislature for adoption by resolution.

1 62017. Bureau of Planning. There is created within the Office
ofthe Governor, the Bureau ofPlanninM (hereinafter referred to WWI)
to serve as staff for the Council and to administer central planning
functions. The director ofthe BPwill carry the title'DirectorofPlanning'
and shall be a person who as. a result of his training, experience, and
attainments is exceptionally well qualified to analyze and interpret
development trends and information ofall kinds, to appraise and coordi.
nate planning programs and supervise the execution of the reapon.
sibilities of the Council in accordance with the policies set forth in this
Chapter. The Director@& salary shall be not less than Twenty-Six
Thousand Dollars ($26,000) per annum. He shall be responsible for the
administration ofthiB Chapter and shall supervise the BPstaffwhich. in
addition to its regular duties, shall serve the Council.

1 6202& Same: staff organization. The BP Staff shall be or-
genized into several divisions. sections, or units such as is sufficient to
appraise. coordinate and assist in the preparation of long-range plan.
ning programs for the social, economic and physical development of the
territory of Guam. Expertise, either singly or collectively, should be
evident in such areas as community facilities, conservation, cultural
development, demography. economics. edu:ation, environment@ finance,
infrastructure, land utilization, natural resources, transportation,
urban and rural design. and utilities. Preparation o(planning elements,
not the duty and function o1staffand line agencies. shall be the responsi.
bility of the BP staff.

11 62019. BPPowers. In the execution ofits responsibilities under
this Chapter, the BP is authorized to perform the following functions:
(a) to apply for and accept grants, loans, contributions, appropriations
and assistance from the federal governmnent and from any other
sources, public or private, and enter into and carry out contracts or
agreements in connection therewith, and include in any contract for
financial assistance with the federal laws as it may deem reasonable and
appropriate and which are not inconsistent with the purposes of this
Chapter and the laws of the Territory-,

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(b) to contract for any professional services if such work or services
cannot satisfactorily be performed by its employees;
(c) to conduct, or cause to be conducted, investigations, studies, sur-
veys, research and analysis relating to physical, human, social. and
economic development of the community and to publish the results
thereof-,
(d) to develop and recommehil territorial policies to foster and pro-
mote the improvement of planning activity and development quality;
(e) to prepare, or cause to be prepared in conjunction with the Com-
prehensive Program and Financial Plan, a comprehensive development
plan (hereinafter called'plan'), which shall provide long range guidance
for the social, economic, and physical development of the territory., and
which shall contain a statement of development objectives, standards
and principles with respect to the most desirable use of land within the
Territory for residential, recreational, agricultural, commercial, indus-
trial, and other uses completely serviced by an access and circulation
network and infrastructure consistent with proper protection to enhance
the quality ofthe environment and preserve Guaes natural beauty and
historical heritage;
(1) to submit the plan to the Territorial Planning Commission for
public hearing as provided in Chapter 3, Title XIV of the Governmen,t
Code of Guam;
(g) to utilize to the fullest extent possible. the services, facilities and
information of public and private agencies and organizations and indi-
viduals in order that duplication ofeffort and expenses may be avoided-,
(h) to review, appraise and make such use as it sees fit oratl existing
plans and those presently being prepared; and
(i) to develop an information system and data bank for the continual
collection and storage ofpublic information utilized in the development
plan procom

62020. P1212 Content- The Plan shall con" of such maps,
graphic materials, text and statement offindings, policiesi and objectives
" necessary. The plan shall contain at least the following specific ele.
ments:
(al a land use element which designates the proposed general dis.
tribution and general location and extent of the uses of the land far
housing, business, industry, agriculture. recreation, education. public
buildings and grounds, conservation, and other categories of public and
private uses ofland, which include islands, reef and lagoon areas and the
sea within the territorial waters and also includes a statement of the
standards of population density and building intensity for the various
districts and other areas covered by the plan, and regulatory devices
governing the use, development and subdivision of land.
(b) a community design element consisting of standards and princi-
plas governing the subdivision and development of land and showing
recommended designs for community and neighborhood development
and redevelopment, including sites for schools, parks, playgrounds and
other uses;
(c) a transportation element showing a comprehensive transportation
and circulation system consisting ofazisting and proposed major routes.
thoroughfares, highways and collector streets; locations of rightof.
ways, terminals, viaducts, and grade separation, port, harbor, aviation
and mass transit4ines and related facilities; all of which are correlated
with the land uEe element of the plan,
(d) a regulatory element concerning parking facilities and building
setback lines and the delineations ofsuch systems on the land. a system
of street naming, housing and building numbering, and such other
matters as may be related to the improvement ofcirculation and traffic:
(a) a public services and facilities element showing general plans for
sewerage, refuse disposal, drainage, and local utilities, and right-of-
ways, easements, and facilities for them-,
M a public building element showing locations and arrangements of
civic And community centers, public schools, libraries, police and fire
station-
,% and other public buildings, including their architecture and the
.landscape treatment of their grounds;
(g) a housing element consisting of standards and plans for elimina-
tion of submstandard dwelling conditions, the improvement of housing
and for provision of adequate sites for housing,
(h) a redevelopment element for the elimination ofalums and blighted
areas and for community redevelopment including housing sites, busi-
ness and industrial sites, public building sites, and for other purposes
authorized by law-,
W a conservation element for the conservation, development, and
utilization ofnatural resources including forests, soils, rivers and other
waters, harbors, fisheries, wildlife, minerals, and other natural re-
sources, which may also cover the following-
(1) Reclamution of land and waters,
(2) Flood control,
(3) Prevention and control of pollution of streams of other waters.

1-3

4) Regulations ofthe use of land in stream channels anti conserva-
tion plan,
(5) Prevention, control, and correction of the erosion of soils,
beaches, and shores; and
(6) Protection of watersheds.
0) a recreation element showing it comprehensive system of areas and
public sites for recreation, including the following and, when practica-
ble, their locations and proposed development:
(1) Natural reservations,
(2) Parks,
(3) Parkways,
(4) Beaches,
(5) Reef and lagoons,
(6) Playgrounds,
(7) Historic and Archeologic sites, and
(8) other recreation areas
(k) a safety element for the protection ofthe community from fires and
geologic hazards including features necessary for such protection as
evacuation routes, peak load water supply requirements, minimum road
widths, clearances around structures, geologic hazard mapping in areas
of known geologic hazards;
(l) such additional elements dealing with other subjects which in the
judgment of the Council relate to the physical development of the terri-
tory;
(m) a five-year socio-economic plan to include policy, opportunities,
and programs to attack problems concerning health services, manpower
planning, employment opportunity, education, elimination of poverty,
law enforcement, welfare, substandard housing, consumer protection,
public revenue and expenditures, cultural heritage preservation, and
the like to include population characteristics and economic analysis with
projections for each region and sub-region of the island.
(n) a five-year schedule ofproposed capital improvements to be com-
piled from schedules of proposed capital improvements, and submitted to
the Council by each department, agency, division, board, commission,
branch and instrumentality ofthe government of Guam, which schedule
shall include a policy for the balanced development or port, highway, and
public transportation facilities including, but not limited to, the Univer-
sity of Guava, health and welfare facilities, correctional institutions,
elementary and secondary schools, electric power, water, telephone.
sewer, and other utility facilities; and
(o) a statement of specific policies for at least each of the following
general areas: social and human resource developments natural resource
development and utilization of environment protection and quality,
historical and cultural heritage preservation.

1 62021. Severability. If any provision of this Chapter or the ap-
plication thereof to any person or circumstances is held invalid, such
invalicilty shall not affect other provisions or applications after Chapter
which can be given effect without that invalid provisioas ar application
and to this and the provisions of this Chapter are severable. (Ill 62010.
62021 added as a new Chapter I of Title *LXV1 by P.8L 12-200, effective
January 10, 1976.] JEDITOTVS NOTE-. Title LXVT, Chapter L
If 62010-62021, added by P.L M200, effective January 10, 1975. pro-
vided with new title and chapter numbers by Editor to retain numerical
sequence.]

Public Law 13-89
Thirteenth Guam Legislature
(Bill 499)

AN ACT
An Act to amend Section 62012 A to increase membership of the
Central Planning Countil, to repeat and reenact Section 62015, to add
Sections 62015 1 and 62011 Z to amend Sections 62016. 62017 and
62019 and to repeat sections 13205, 13206, 13207, 13208, and 13250
of the Government Code of Guam relative to withdrawing front the
Territorial Planning Commission its functions concerning the,
development of a Comprehensive Plan for Gawm and to requiring
Legislative consent to the Director Of the Bureau of Planning, and for
other purposes.
Be it enacted by the People of the Territory of Guam:
Section I - Section 62012 A of the Government Code of Guam is
hereby amended to read as follows:
"A- Central Planning Council. Creation and membership. Thus
is created in the Government Code of Guam a Central Planning Council
(hereinafter referred to as 'Council'), consisting of eleven (116)
mambers consisting of the members of the Territorial Planning
Commission, two (2) to be appointed by the Governor from the heads
of departments or agencies of the Government of Guam and two (2) to
be appointed by the Speaker from among private citizens. The
Attorney General or his authorized designee shall act as legal counsel to
the Council"

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Section 2. Section 62015 of the Government Code of Guam is
hereby repeated and reenacted to read as follows:
"Section 62015. Plan teview: public hearingL Comprehensive
Flu elernesits, prepared by the various public agencies, shall be
submitted to the Council for review. Within forty-five (45) days
following receipt of any such element or elements by the Council, this
Council shall hold one or vote public hearings thereon.
Announcements of such hearings shall be placed in a newspaper of
Vneml circulation on Guam ten (10) days and one (1) day prior
thereto. Summaries of the element or elements to be heard shall be
prepared by the BP and subtriitted to appropriate news or other
mediL"

Section 3. A new Section 62015.1 is hereby added to the
Cavernment Code of Guant to mad a Mom:

*Ucdm 62015.1. Plan submission. Within fifteen (IS) days
after the Ecafing or a plan clement or elements, the Council shall
submit to Uic Governor its recommendation thereon including a
summary of testimony at the hearing."

Section 4. A now Section 62015.2 Is hereby added to the
Government Code of Guam to read as follows:

"Section 6201S.2. Cooperation of other departments. Every
department and agency of the Government,of Guam is hereby directed
to render such assistance to the Council as the Council may require."

Section S. Section 62016 of the Government Code of Guam is
hereby amended to read as follows:

"Section 62016. Plan adoption. Comprehensive Plan elements
received by the Governor from ft Council may be approved,
disapproved or referred to the Council for further recommendation
prior to approval. Following approval by the Governor, Plan elements
shall be submitted to the Guam Legislature for adoption by
resolution."

Section 6. Section 62017 of the Government Code of Guam is
hereby amended to read as follows:

. "Section 62017. Bureau of Planning. There is created within the
Office of the Governor, the Bureau of Planning, (hereinafter referred to
as 'B?) to serve as staff, rot the Council and to administer central
planning functions. The director BP will carry the Title 'Director of
arining' and shall be appointedby the Gaventor with the consent of
the Leoslature. He shall be a person who as aresult of his tratnus&
experience, and attainments is exceptionally well qualified to analyze
and interpret development trends and information of all kinds, to
appraise and coordinate planning programs and supervise the execution
of the responsibilities of the Council in accof dance with the policies set
forth in this Chapter. The Director's salary shall be as provided by
Section 4106 of the Government Code of Guam. He shall be
responsible for the administration or this Chapter and shall supervise
the BP staff which, in addition to its regular dudes, shall serve the
Council."

Section 7. Subsection F of Section 62019 of the Government Code
of Guam is hereby amended to read as follows:

"P. to submit the plan to the Council for public hearings a
prow" in this Chapter."

Section 3. Section 13205.13206.13207,13208, and 13250 of the
Government Code of Guam are hereby repeated in their entireties.

Section 9 Section 4106 or the Government Code of Guam Is
hereby amerui@d by adding the following:

"Director of Planning I $26,OW'
Section 10. Section 9 of this Act shall become effective only upon
the implementation orSection I orPubfic Law 12-197.

No"inber 5, 1975.

1-5

GaVEPMENT CODE

TITLE XVIII

Zoning Law

Chapter I. General Provisions.
11. Establishment of Zones and Boundries.
III. Use Regulations.
IV. Height Regulations.
V. Yard and Area Regulations.
VI. Accessory Buildings.
VII. Nonconforming Buildings and Uses.
VIII. Automobile Parking and Loading Space Regulations
IX. Sign Regulations.
X. Junk Yards.
XI. Administration and Enforcement.
XII. Appeals and Reviews
XIII. Changes of Zones.
XIV. Recording: Submission to the Legislature.
XV. Fees.
XVI.. Penalty for Violation.

CHAPTER I
General Provisions

17000. Title.
17001. Purpose.
17002. Definitions.
17003. Interpretation.

� 17000. Title. This Title shall be known as "The Zoning Law of
the Territory of Guam." [Included in Original Government Code of Guam
enacted P.L. 1-88, 1952.3

� 17001. Purpose. The purpose of this Title is to establish cer-
tain minimum regulations-for the protection and promotion of the public
health, safety and general welfare of the people of1the Territory of
Guam@ which regulations are deemed necessary in order to encourage the
most appropriate use of@landj to provide adequate open spaces about -
buildings for light and air3:to prevent undue concentration of popula-,
tion, and to assure adequate provisions for community utilities and,fa-
cilities such as yater, schools, parks and other public requirements.'
[Included'in Original: Government- Code of Guam enacted' by P.L. 1-88,1952.

17002. Definitions-@For-the purpose of this Title, certain terms
are defined as follows:
"Accessory Building.-"@:A:detached subordinate-building located'on the@
same lot with a main building, the use of which-'is customarily secon-e
dary to that of the main'building or to the use of the land.
"Apartment House.* Same as "dwelling, multiple."
"Automobile Parking Area. Private." An open area, located on the same
lot with a dwelling or hotel, for parking automobiles of the--occdpants
o'f such buildings.
"Automobile Parking-Area, Public."- An open:area, other than a'street
or private automobile parking area3 aesigned to be used for the parking
of two or more automobiles.
"Building." Any structure built for the support, shelter or enclosure
of persons, animals, chattels, or property of any kind.
"Building Height." The vertical distance measured from the average
level of the highest and lowest point of that portion of the lot covered
by the building to a point midway between the highest and lowest point of
the roof.
"Cluster Development." Placement of residential units in close as-
sociation to each other in order to consolidate required lot area into
usable open space for the benefit of thoseliving in such residential
units. [Amended by P.L. 10-5, effective February 3, 1969.1
"Commission." Shall mean the "Territorial Planning Commission of Guam."
"Dwelling." A building or portion thereof designed exclusively for
residential occupancy, including one-family, two-family and multiple dwel-
lings, but not including hotels.
"Dwelling Unit." One or more rooiiiis and a single kitchen in a dwelling,
designed as a unit for occupancy by one family for living and sleeping
purposes.
"Dwelling, one-Family." A detached building containing only one dwel-
ling unit.

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*Dwellinq, Two-Pamily.* A detached building containing two dwelling
units.
,Dwelling,14ultiple." A building containing three or more dwelling units.
aramily." An individual, or two or more persons related by blood or
marriage, or a group of not more than five persons who need not be related
by blood or marriage living together as a single housekeeping unit.
*Home Occupation." An occupation, carried on by occupants of a dwel-
ling as a secondary use of such dwelling, in connection with which there
is no display, no stock in trade.nor commodity sold on the premises, and
no other person employed.
'Hotel." A building containing six or more rooms intended or designed
to be used, or which are used, rented, or hired out to be occupied., or
which are occupied for sleeping purposes.
*junk Yard.N An open area where waste, scrap metal, paper, rags, or
similar materials are bought,,sold, exchanged, stored, baled, packed,
disassembled or handled, including the dismantling or storing of wreck-
ed automobiles or other vehicles, and buildings. The terms "dismantlingn
or "storing" do not include the action of a licensed automobile repairer
or garage owner in stripping an. automobile or other vehicle of its us-
able parts as long as such action Is accomplished within ten (10) days
of the arrival of the motor vehicle being stripped on the premises of*the
garage or automobile repair business.[Added by P.L. 9-126, effective
January 29, 1968.3
"Lot" A parcel of land occupied or to be occupied by a use or build-
Ing, and accessory buildings and uses, together'with such yards, open
spaces and lot,area as are required-by this Title, and having frontage
on a street.
*Lot Line, front." The line separating the lot from the@street. For
the purposes of yard requirements, a corner lot has two front yards and
no rear yard. Within a panhandle lot, the front lot line begins at the
interior end of the panhandle. (Amended by P.L. 9-252, effective August
29, 1968.]
"Lot Line, rear.* The lot line which Is-oppositeand most distant from
the front lot line.
*Lot Line, side.* Any.lot line not a:front lot line-or a rear lot@lUw..,.

OLot Depth.* The horizontal distance between the front and rear lot
lines, measured in the mean direction of the sie lot lines.
"Lot Width." The horizontal distance between the side lot lines, meas-
ured at right angles to the.lot depth at a point midway between the front-
.and rear lot lines.
"Lot Area." The total horizontal area within the lot lines of a lot.
"Noneomforming Building." A building'or structure which does not con-
form to the regulations of this Title and which lawfully existed at the
time the regulations, with which it does not conform, became effective.
"Nonconforming Use.* A use of a building or land which does not con-
form to the regulations of this Title and which lawfully existed at the
time the regulations, with which it does not conform, became effective.
*Planned unit development district.' A substantial area in which de-
velopment follows an approved plan integrating a combination of uses in
an appropriate and unified manner. (Added by P.L. 9-232, effective Aug-
ust io, 1968.]
"Story.* That portion of a building between the surface of any floor
and the surface of the floor or ceiling next above it.
"Structure." Anything constructed or erected which requires location
on the ground or attached to something having a location on the ground.
'Use.' The'purpose of which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
wYard." An open space on a lot, unoccupied and unobstructed from the
ground upward, except as otherwise provided in this Title.
"Yard, front." A yard adjoining the front lot line and extending
across the full width of the lot, the depth of which Is the minimum hor-
izontal distance between the front lot line and a line parallel thereto
on the lot.
"Yard, rear." A yard extending across the full width of the lot be-
tween the most rear main building and the rear lot line. The depth of
the required rear yard shall be measured horizontally from the nearest
part of a main building toward the nearest point of the rear lot line.
*Yard, side." A yard between a main building and the side lot line,
extending from the front yard or front lot line where no front yard is
required to the rear yard. The width of the required side yard shall
be measured horizontally from the nearest point of the side lot line
toward the nearest part of the main building. [Included in Original
Government Code of Guam enacted by F.L. 1-88, 1952: amended where in-
dicated herein.]

1-7

S 17003. Interpretation. In interpreting and applying the provisions
of this Title, they shall be held to be the minimum requirements for the
protection and promotion of the public health, safety and general welfare,
and shall be liberally construed in furtherance of these objectives. [In-
cluded in Original Government Code of Guam enacted by P.L. 1-88, 1952.]

CHAPTER 11
Establishment of Zones and Boundries

17050. Zone.
17050.1 Zoning map; Agana.- adopted.
17051. Zone boundries.

17050. Zones. In order to carry out the purposes and provisions
of this Title, areas within the Territory of Guam are hereby divided in-
to eight zones,known as:
'A' Agricultural Zone
"RI" One-Family Dwelling Zone
"R2" Multiple Dwelling Zone
"p" Automobile Parking Zone
"C" Commercial Zone
"ML* Limited Industrial Zone
"M2" Industrial Zone
*LC" Limited Commercial Zone
The aforesaid zone symbols and the boundries of such zones shall be shown
upon a map or maps which shall be designated as the "Zoning Map.*
The 'Zoning map" shall be adopted by the Commission and shall be ef-
fective upon its approval by the Committee on Rules of the Legislature
and by the Governor. The *Zoning Map" shall be submitted to the Com-
mittee on rules prior to 'its submission to the Governor and such map
shall be deemed approved by said Committee, unless within fifteen (15)
days of its receipt thereof, said Committee shall adopt a resolution dis-
approving the same, in which case the map shall be returned to the Com-
mission. No such map shall be adopted by the Commission except after
public hearing, ten(10) days notice of time and place of which shall be
given in a newspaper of general circulation.
The *Zoning Map" may be divided into separate parts and separately
adopted and approved as the necessary planning and study therefore is com-
pleted. [Enac-ted 195Z--'repealed and added by P.L.6-136. effective Dec-
ember, 18, 1962.]

17650.L Zoning map of Agana. The zoning map of Agana,
identified as Drawing No. GI-54517 and heretofore adopted as part of the
zoning map, is hereby amended by extending the commerical zones
appearing on said map, north of Route 8 and south of the Mongmang-
Maite road, two hundred (200) feet in depth on each such area. Not-
withstanding any other provision of law, then two courmarcial zones
may not herafter be altered or changed except by statute. The zoning
map of Agana is further amended by extending the commercial zones
north and south of Route Four from Marine Drive to Lot 83 Sinajana on
the north side and to Lot 3202 Sinajana on the south side, to a depth of
two hundred (200) fwt where the zones are not already of that depth and
by further extending the commercial one on said map to include the
entire area bordered by Route Four, 3rd Street, First Street East
and Cliff Drive Extension. [Repealed and added by P.L. 10-5, effective
February 3, 1969, Amended by P.L. 12-160, effective August 26, 1974.]

S 17051. Zone boundries. where the zone boundaries indicated on the
"Zoning Map,* said map, and all notations, references and their extens-
ions; such lines shall be construed to the zone boundries.
Where the zone boundries indicated on said map are not street, alley or
lot lines, or extensions thereof, the zone boundries shall be determined
by the use of-the-scale appearing on the "Zoning-Map," unless otherwise
specifically shown by dimension.
In any case where there is uncertainty as the intended locatin of
a zone boundry, the Commission shall have the power and duty to deter-
mine its intended location. [Included in Original Government Code of
Guam enacted by P.L.1-88,1952.]

17052. Church Zone in Dededo. _As an amendment to the Dededo Zon-
ing.Map (Land Management Drawing No.E3671S39), adopted by the Committee
on Rules of the Guam Legislature pursuant to the provisions of 17050
of this Title, the area in the municipality of Dededo, bounded by West
Santa Monica Avenue to the north, Dolores Street to the east and west
San Antonio Avenue to the south and west,It is hereby declared-to-be zon-
ed for church and church-related activities. [Added by P.L. 10-106,
effective February 6. 1970.]

17053 Basic Lots.Nov. 242,243 and 269 REM all in Maine in the
municipality of Assn. are hereby rezoned to R-2, multiple dwelling
[Added by P.L 12-111, effective March 15 1974.

17053.1. Lot Nos. 235-REM.-3-1 and 235-REM-3-2. in Maine In
the municipality of Asan are hereby rezoned to Commercial (Added by
P.L.12-111. effective March l5 1974]
17053. TUMOR commercial zone All property lying on-
either side of Route I (Marino Drive) between the two intersections of
TumonLoop with Route l to a depth of 200 feet from the edge of the right
of wayslong Route 1 is hereby established as commercial Property-
The Department of land Management is hereby directed to amend its
zoning maps accordingly. (Added by PL-12-160, effective August 26,
1974.]

17053.A Limits Hill R-2 zone. All property lying on either side
of the road from Top O The Mar (Nimitx Hill - Spruance Drive) to the
Now Piti Elementary School to a depth of 200 feet from the edge of the;
right of way along Route 6, is hereby established as R-2 zone property.
The Department, of Land Management is hereby directed to amend its
zoning map accordingly, (Added by P.L 12-160, effective August 26,
1974.)
17053.3 Yigo commercial zone. All property lying on either
side of Route I (Marino Drive) between the Old Marbo PX and the Yiga
Catholic Church, to a depth of 200 feet from the edge of the right of way
along Route 1, is hereby established as commercial zone property. The
Department of Land Management is hereby directed to amend its zoning
maps accordingly. [Added by P.L I2-160, effective August 26, 1974.]

CHAPTER III
Use Regulations

17100. Conformance of uses to zone regulations.
17101. Regulations along district boundries.
17102. Conditional use.
17103. "A" rural zone.
17104. "Rl" single family dwelling zone.
17105. "R2" multiple dwelling zone.
17106. "C" commercial zone.
17107. "P" automobile parking zone.
17108. "M" light industrial zone.
17109. "M2" heavy industrial zone.

17100. Conformance of uses to zone regulations. No building or
structure shall be altered, enlarged, moved or maintained, and no build-
ing or land shall be used for any purpose, except for a use permitted in
the zone in which such building or land is located, as hereafter provided
in this article.

17101. Regulations along district boundries. Where a commercial or
industrial use occurs in zones permitting such uses but in areas which
are located adjacent to rural or residential zones, the yard requirement
shall be twice that required of such use or twenty (20) feet, whichever
is the greater.

17102. Conditional use. In addition to permitted uses
the zones, specified uses will be permitted upon approval by
sion of the site plan, including, but not limited to, disposal of
access, parking, structure location and accompanying convenants that may
include performance standards.

1-9

17103. *A* rural zone;
(a) Use Permitted
1. One-family dwellings and duplexes.
2. Farming and fisheries, including all types of activities and
pursuits customarily carried on in the field of agriculture
and fisheries, including the raising of crops and fruits,
poultry and livestock, grazing and dairying, tree and other
vegetative production, whether for commercial or personal uses.
3. Uses customarily accessory to any of the above uses including
home occupations, and private automobile parking areas as well
as accessory buildings and structures such as private garages.
warehouses, barns, corrals, or other similar structures.
(b) Conditional Use
1. Parks, playgrounds and community centers.
2. Biological gardens.
3. Schools and churches.
4. Hospitals, sanitariums, and institutional uses.
5. Cemeteries.
6. Recreational use including golf courses, cockpits, marinas,
beaches, swimming pools, and accessory residential and co=er-
cial use.
7. Extractive industry.
8. Utilities and public faci4tles.
9. Wholesale and retail stores, shops and businesses.
10. Automobile service stations, including service shape.
3.1. Accessory uses and structures for the aba-

17104. 'Rl" one-family dwelling zone.
(a) Use Permitted
1. One-family dwellings.
2. Gardening and the keeping of pets for noncommercial purposes.
3. Use customarily accessory to any of the above uses including
home occupations and private parking areas with accessory
buildings and structures.
(b) Conditional Use
1. Duplexes.
2. Schools and churches.
3. Parks, playgrounds and community centers.
4. Health service office, outpatient with laboratory.
5. Utilities and public facilities.

17105. "R2" multiple dwelling zone.
(a) Use Permitted
1. One-family dwellings.
2. Duplexes.
3. Multi-family dwellings.
4. Hotels, private groups and institutions.
5. Accessory uses,and structures for,the above.
(b) Conditional Uses
1. Any conditional use permitted in the "Rl" zone.
2. Health clinics.
3. Utilities and public facilities.
4. Air, bus, taxi, auto, rental terminals.
5. Accessory uses and structures for the above.

17106. "C' commercial zone.
(a) Use Permitted
1. One-family dwellings.
2. Duplexes.
3. Wholesale and retail stores, shops and businesses.
4. Amusement enterprises.
5. Automobile service station, including minor repairs.
Bakeries.
7. Mortuaries.
8. Offices, business or professional, and banks.
9. Personal service shops, including barber shops, beauty parlors,
laundromats, and the like.
10. Repair shops and service shops, including shoe repair shops,
plumbing shops, dressmaking shops, and the like, but not in-
cluding, automobile repair shops for major work..
11. Restaurants andaafes.
12. Studios.
13. Other uses which in the judgmentlof the Commission, as evi-
denced by resolution in writing, are similar to those listed
herein.

1-10

14. Uses customarily accessory to any of the above listed uses,
Including only those accessory to manufacturing, storage, com-
pounding, or processing activities which are necessary for the
ordinary conduct of said listed uses and which are an integral
part thereof.
15. Accessory structures for the above.
(b) Conditional Use :
I. Hospital-and clinics.
Z.. Public utility and,.other public buildings'.
3. Shopping center
4. Recreation, including cockpits, marinas-, amusement centers,
drive-in theatres.
5. Multi-family.
6. Hotels, motels,'tourist accommodations.
7. Air, bus, taxi, auto rental terminals.
8. Auto sales and car wash.
9. Parking garagesiand lots.
10. Service vehicle storage.
11. Laundries and cleaning and dyeing establishments.
12. Schools and churches.
13. Parks, playgrounds, community centers.
14. Utilities and public facilities.
15. Accessory uses and structures for the above.

17107. "P" automobili parking zone.
(a) Use Permitted i
1. Public or commercial parking area and garages.
2. Public access to adjoining parking areas.
3. Loading and unloading of automobiles or trucks, but not to
use portions of required parking space.
4. Service vehicle storage after commercial hours.
5. Utilities and public facilities.
6. 'Accessory uses and structures for the above.

17108. "Kl" light industrial zone.
(a) Use Permitted
1. Any use permitted with or without condition in the commercial
zone
-2. The ;anufacturing, compounding, processing or treating of such
products as drugs, cosmetics, and food products (not including
fish and meat products nor the rendering of fats and oils).
3. The manufacturing, compounding, assembling or treating of ar-
ticles or merchandise from previously prepared materials.
4. Automobile repair shops including painting, body and fender
work and rebuilding; truck and tractor repairing; and tire re-
treading.
5. Bottling and packaging plants.
6. Ceramic products manufacturing.
T. Laundries and cleaning and dyeing establishments.
8. Machine shops and sheet metal shops.
9. Warehouses and cold storage plants.
10. Lumber yards, building material salesyards, contractor's equip-
ment storage yards, and the like.
11. Other uses which in the judgment of the Commissions, as evi-
denced by a resolution in writing, are similar to those listed
herein.
12. Uses customarily accessory to any of thesbove listed uses,
and accessory buildings.
(b) Conditional Use
1. Other industrial uses not objectionable, obnoxious or offensive
by reason of odor,,dust, smoke, noise, gas fumes, cinders, vi-
bration, flashing lights, or water-carried waate.
2. Utilities and public facilities.
3. Accessory uses and buildings for the above.
17109. -M2- heavy ind.sitrial zone.
(a) Use Permitted
1. Any uses permitted in the "Ml" zone, excepting residential use.
2. Junk Yards. Under the special provisions set forth in Chapter
,X of this Title.
3. Any other uses not specifically prohibited by law, including
those which are or may be objectionable, obnoxious. or offen-
sive by reason. of odor, dust, smoke, noise, gas fumes, cinders.
vibrations, or water-carried.waste.
4@ Uses customarily accessory to any of the uses herein permitted,
and accessory buildings and structures.
(b) Conditional Use
1. All residential uses.
2. Accessory uses and structures for the above.

[Original Chapter III, consisting of $$ 17100-17107, enacted 1952;
original $ 17108 added by P.L. 5-64, effective February 29, 1960; Chap-
ter III was repealed and a new Chapter III added ($$ 17100-17109) by P.
L. 9-252, effective August 29, 1968. Original 17107 bad been attended
by P.L. 9-126, effective January 29, 1968.)

Section 171l0 Notwithstanding any other provisions of law,
rule or regulation to the contrary, there is hereby created a "H"
Resort-Hotel Zone for the purpose of being applied to areas to
accomodate the needs and desires of visitors, tourists, and transient
guests.

(a) Purpose. It applies to specific areas where public roads and
and public utilities are available or where suitable alternative
private facilities are assured. It may apply to a single
isolated hotel or restort with or without a commercial mall
or shopping section.

This zone privides for high-intensity development in a
compatible arrangement of stremeres and uses in a unique
setting. It shall be designed to promote a superior level of
convenience, comfort, and amenity within the zone; to
encourage safe and pleasent pedestrial ciculation, to
preserve exisiting attractions and to assure beneficial visual
relationships from the princial viewpoints.

Development shall be designed to establish an open
character, with higher portions of buildings well spaced
and oriented with respect to principal views from within
the zone. Pedestrian circulation systems shall form a
conventient and coordinated network throug buildings
and landscaped open spaces, supplementing sidewalks
along streets; and where extensive areas of the shoreline
are in such configuration as to allow it conveniently,
walkways and/or bikeways shall be provided along the
waterfront on both piblic and private property.

Since hotels complement other activities in this zone
without creating excessive automotive traffic, it is
intendeed to permit higher floor-area ratios for hotel uses
than tor other uses within the zone.

Since the zone is separated from major parking facilities in
adjoining areas, it is intended that off-street parking
requirements shall apply within its boundries. It is further
intended in view of the usual visual exposure that
adverse visual influences such as excessive signs,
inappropriate lighting, and open-storage shall be
prohibited.

(b) Permitted Uses
(1) Cultural and recreational facilities, hotels, restaurants,
tourism related shops and offices, dwellings, parks,
marinas, zoos, amusment activities and supportive
services.

(2) Permitted Accessory Uses and Structures. Uses and
structures which are customarily accessory and clearly
complementary to permitted. Service stations shall be
permitted only within, and as accessory to, parking
garages containing 250 or more parking spaces.

"Section 17111. All land exceding Ypao Beach Park and Lot
No. 5140-1 Ypao, Tumon and Dededo consisting of 39,136.26 square
meters all government recreational and multi-purpose lands in the area
known as Tuon Bay from Ypao Beach to San Vitores Beach along the
adjoining natural cliffline boundry seaward as designated by the
Bureau of Planning on Orthographics Map Numbers 46, 47 and 51, at
the effective date of this Act is hereby zoned "H" Resort-Hotel Zone
pursuant to the provisions of this Act."

Section 3. Any property owner affected by the rezoning in this Act
may, notwithstanding the provisions of this Act, and not more than
52 days after the effective date of this Act, notify the
Territorial Planning Commission that he desires that his land remain
zoned as it is on the effective date of this Act, and his land shall then
remain so zoned.

The Director of the Department of Land Management, as the
Executive Secretary of te Territorial Planning Commission, shall,
within 48 hours of the effective date of this Act, send each landowner
affected herein with a written notice concerning the provisions of this
Section of this Act.

1-12

rv BEIGE TeGaMONS

17150. Height limit established.
17151. Buildings and structures permitted above height limit.
17150. Height limit established. In the "Apw *Rl*' 'LCP* 'R2#w
"C," Oml,* and wM20 Zones, no building or structures shall be erected or
maintained, nor shall any existing building or structure be altered, en-
larged, moved, or maintained, to exceed, a height limit or two (2) stories
(the two (2) stories shall not exceed a height of thirty (30) feet, ex-
cept that in the "C" Zone within the "New Agana" lot and block system the
building height limit shall be six (6) stories (the six (6) stories shall
not exceed a height of seventy-five (75) feet).[Enacted 1952;. amended by
P.L. 7-19, effective May 9, 1963.3
17151. Buildings and structures permitted above height limit. The
following buildings, structures and equipment may be erected and maintain-
ed above the permitted height limit:
(a) In the "A" Zone, any building may exceed the height limit of two (2)
stories or thirty (30) feet, if such building is located at least a dis-
tance equal to two (2) times the height of the building from any lot line@,
(b) Shelters accessory to roof gardens or decks, providing such shelters
are open on two (2) or more sides, occupy less than half the roof area, do
not exceed the height limit by more than ten (10) feet,. and are set back
at least eight (8) feet from each lot line;
(c) Roof structures for the housing of stairways, tanks, ventilating
fans, or similar structures and equipment for the maintenance of the build-
ing; I d
(d) Aerials, flagpoles, skylights, steeples, towers, fire or parapet
wall$, or other similar structures.
(e) Hotels, provided, that for every foot. in elevation exc .eeding the
standard limitation, two (2) feet shall be added to each of the required
yard depths and widths; and provided, further, that the height limit for
any such hotel shall be six (6) stories (the- six (6) stories shall not ex-
ceed a height of seventy-five (75) feet). [Enacted 1952; subsection (e)
added by P.L. 9-197, effective July 1, 1968.3

CHAPTER V
Yard and Area Regulations

17200. Minimum yards and lot areas established.
� 17201. General Yard and area requirements.
� 17202. Exceptions to yard and area regulations.
17203. Statements of purpose: building and building height restrictions in beach
areas.

17200. Minimum yards and lot areas established. No building or
structure shall be erected or maintained, nor shall any existing build-
ing or structure be altered, enlarged, moved or maintained, on any lot,
unless a front yard, a rear yard, and two (2) side yards are provided
and maintained on such lot. The depth of such front and rear yards and
the width of.such side yards shall not be less than the depth and width
specified in the following "Yards and Lot Area" table. Further, no lot
width or lot area, nor any lot area per dwelling shall be less than that
specified in said table. A commercial building to occupy the whole width
of a lot must be of four-hour fire-resistive construction. If party
walls are to be erected, the written consent of the owners of adjacent
lots must be obtained as a prerequisite for the issuance of a building
permit to start construction. If the building to be erected is not of
fireproof construction, side yards of eight (8) feet wide must be provid-
ed. In the Rural (A) Zone all structures shall have front and rear:yards
of twenty-five (25) feet and side yards of fifteen (15) feet; the width
of each lot shall be one hundred twenty (120) feet with an area of not
less than forty thousand (40,000) square feet.. Theilot area Per dwelling
unit in the Rural Zone (A) shall be not less.than ten thousand (10,000)
square feet.@

1-13

YARD AND LOT AREA
Use Front Yard Rear Yard Side Yard Lot Lot Area Lot Area per
Depth Depth Depth Width Dwelling Unit
Single Family 15 ft 10 ft. 8 ft. 50 ft. 5,000 sq. ft. 5,000 sq. ft.
Multi-Family 15 ft. 10 ft. 8 ft. 50 ft. 5,000 sq. ft. 1,250 sq. ft.
Commercial . . . 20 ft. . . . 20 ft. 2,000 sq. ft. 400 sq. ft.
Light Indus. . . . 20 ft. 8 ft. 50 ft. 5,000 sq. ft. 1,250 sq. ft.
Heavy Indus. 25 ft. 25 ft. 15 ft. 120 ft. 40,000 sq. ft. . . . .

Unless facilities are otherwise provided for loading, the rear yard
must be not less than twenty (20) feet in depth. [Enacted1952; amended
by P.L. 9-103, effective August 23, 1967; further amended by P.L. 9-252
effective August 29, 1968.]

$ 17201. General yard and area requirements. (a) no required
yard or other open space provided about any building or structure for
the purpose of complying with the provisions of this Title, shall be
considered as providing a yard or open space for any other building at
structure.
(b) No lot or parcel of land under separate ownership at the time
this law became effetive shall be separated in ownership or reduced
in size below the minimum lot width or lot area set forth in the "Yard*
and Lot Areqe table.
(c) Where a lot in the "R1" zone has an area of ten thousand (10,000)
square feet or more, a on* family dwelling may be erected and main-
tained on each five thousand (5,000) square fee thereof, if front, side
and rear yards of the depth and width specified in the "Yards and LAS
Area" table are provided and maintained for each such dwelling
(d) In the "C" and "MI" zones, every building hereafter erected on a lot which abuts a primary or secondary highway, as shown on a high-
way plan adopted by the Commission or Legislature, shall provide a"
maintain a front or side yard having a depth or width. as the cow may,
be, of not less than that required to conform to the line of such highway.
(e) A hotel or motel, while considered a multi-family use. requires
a minimum of four hundred (400) square feet of lot area per living unit.
is a commercial areas.
(f) A cluster development may have a reduction of yards and lot
width upon approval by the Commision. [Amended by P.L 10-5,
effective February 3, 1969.]

$ 17202. Exceptions to yard and area regualations.
(a) No front yard need be provided on a lot in a hillside area where
the topography of the lot is such as to make It unreasonable or imprac-
tical to locate a building on the lot and provide's front yard.
(b) No side yard need be provided for a dwelling or hotel erected
above the ground floor of a building, where the ground floor is design-
ed for commercial or industrial purposes.
(a) cornices, eves, belt courses, sills, canopies or other similar
architectural features, may project into a required side yard not more
than two (2) inches for each one (1) foot of width of such side yard and
may project Into any other required yard space not more than thirty (30)
Inches.
(d) Open, unenclosed stairways or balconies, not covered by a roof or
canopy, may project into a required rear yard not more than four (4) feet,
,and such balconies may project into a required front yard not more than
six (6) feet.
(e) Open, unenclosed porches, platforms, places, not covered by a roof
or canopy, or landings, which do not extend above the level of the first
floor of the building, may project into any required front, side or rear
yard, not more than six (6) feet.
(f) A fence, lattice work screen, wall, or hedge, not more than six (6)
feet in height, may be located in any required front, side or rear yard.
(g) In computing the lot area of a lot which abuts upon an alley one-half
(1/2) the width of such alley may be assumed to be a portion of the lot.
(h) Accessory buildings or structures may be located and maintained in
a rear yard, except in the required ten (10) foot rear yard which is that
portion adjoining the rearmost main building on the lot. Such building
or structures may also be located and maintained in any side yard, except
in the required eight (8) foot side yards adjoining each of the side lot
lines. [Included in Original Government Code of Guam enacted by P.L. 1-88,
1952.]

17203. Statement of purpose: building and building height restric-
tions in beach areas.
(a) The legislature finds that the indiscriminate building of structures
on the beaches of the Territory of Guam creates a menace to the well-

1-14

being of the people of the territory by increasing the pollution of tidal
waters, that such construction, in addition, deprives the people of Guam
of their right to the untrammeled use of beach areas beyond the high water
mark, and finally, that such construction destroys the natural beauty of
Guam's beaches, one of the territory's greatest natural resources. Accor-
dingly, it is the purpose of the restrictions hereinafter contained to
protect the beaches of Guam for 'future generations, to alleviate the
health problems caused by construction near tidal areas, and to make cer-
tain that the people of Guam remain free to use the beaches of the ter-
retory to the maximum extent not incompatible with private ownership of
the lands adjoining said beaches.

17203 (b) Along any beach in the territory of Guam. no building
may be constructed within thirty-five feet (351 of the mean high water-
mark bounding said beach. nor may any building high" than twenty
feet (201 be constructed within seventy-five feet (75') of the said mean
high watermark. For the purpose of this section, the term. lxacy do"
not include those areas where the shoreline is a cliff or bluff higher
than twenty-five feet (25% nor "I it include those areas where the
shoreline is bounded by village lots containing no mom than a thou-
sand (1000) square meters in those villages -he-in residences have
been constructed along the shoreline since prior to the Second WoIrld
War. and the term 'building' included any structure excapt a retaining
wall that cannot be seen. [Added by P.L 9.163, effective March 7.
1%8. amended by P.L. 12-19, effective April 24.1973-1

CHAPTER V1
Accessory Buildings

17250. Location of accessory buildin4s.

17250. Location of accessory buildings. In the *A," "R.1,1 and *RZ"
zones, no accessory building shall be erected or maintained and no exist-
ing building shall be enlarged, moved.or maintained, unless such accessory
building Is located on the lot In conf9rmande with following regulations:
(a) Every accessory building shall be located on the rear one-half (1/2)
of the lot and shall be not less than eight (8) feet from the side street
lot line of a corner lot;
(b) Every accessory building located in a rear yard (between the rear
lot line and the rearmost main building on the lot) shall be not less than
ten (10) feet from said main building and not less than five (5) feet from
any lot line which is not a street line;
(a) Every accessory.building located in a side yard (between the side
lot line and side of a main building) shall be not less than five (5) feet
from such main building and not less than eight (8) feet from the side lot
line; and
(d) No accessory buil *ding shall be located in afront yard or on the.
front one-half (1/2) of a lot, except on hillside l,bts where the topogra-
phy makes it impractical to conform to the other regulations of this ar-
ticle. [Included in Original Government Code of Gdam.enacted-by P.L. 1-88,
1952.1

CHAPTER V11
Nonconforming Buildings and Uses

17300. Nonconforming buildings.
17301. Nonconforming use of buildings.
� 17302. Nonconforming use of land.
� 17303. Nonconforming by reclassificatign or change.

17300. Nonconforming buildings.
(a) A nonconforming building may be maintained and repaired, except as
otherwise provided in this section.
(b) A building nonconforming as to use regulations shall not be added
.to or enlarged in any manner, unless said building, including such ad-
ditions and enlargement&, is made to conform to all the regulations of
tha %one -In. which -it @-is located -

17300(c) A building nonconforming as to height or yard regula-
tions may be added to or enlarged if such addition or enlargement
conforms to all the regulations ofthe zone in which it is located; provided,
that a residential building nonconforming as to height regulations may
be added to or enlarged notwithstanding the fact that such addition or
enlargement may violate yard regulations, and a building nonconform-
ing as to yard regulations may be added t@ or enlarged notwithstanding
the fact that such addition or enlargement violates height regulation&

Cd) A nonconforming bullaing wnich 13 damagea or partia.Lly destroyed
by fire. flood, wind, earthquake, or other calamity, to the extent of not
more than fifty percent (50%) Of its value at the time of such damage or
destruction, may be restored if the total Cost of such restoration does
not exceed fifty percent (50%) of the value of the building at the time
of such damage or destruction. Where the damage or destruction exceeds
said value, the building shall not be repaired or reconstructed unless
the entire building is made to conform to all regulations for a new build-
ing in the zone'in which It is located.
(e) A building nonconforming as to restrictions set forth in S 17203 of
this Title may be maintained and repaired but may not be enlarged, and in
the case of its damage or partial destruction by fire, flood, wind, earth-
quake, or other calamity, to the extent of not more than fifty percent
(50%) of its replacement cost at the time of such damage or destruction,
then it may be restored if the total cost of such restoration does not ex-
ceed fifty percent (50%) of the replacement cost of the building at the
time of such damage or destruction. Where the damage or destruction ex-
ceeds said cost, the building shall not be repaired or reconstructed.
[Enacted 1952; subsection.(e) added by P.L. 9-163, effective March 7.
1968.1

5 17301. Nonconforming use of buildings.
(a) The nonconforming use of a building, existing at tne r1me-this law
became effective, may be continued.
(b) The use of a nonconforming building may be changed to any other use
which is permitted in the same zone as the use for which the building or@
structure is designed or intended. The use of a non-conforming building
may also be changed to any use permitted in a more restricted zone class-
ification. Where the use of a non-conforming building is hereafter chang-
ed to a use of a more restricted zone classification, it shall not there_@
after be changed to a use of a less restricted zone classification. (In-
cluded in Original Goverment Code of Guam enacted by P.L. 1-88, 1952.1

17302. Nonconforming use of land. The nonconforming use of land,
existing at the time this law became effective, may be continued except
that such use shall not be extended either an the same or on to adjoin-
ing Property.. WJmr_*,.jL DAMPUformin
. -IL,use of land Is discontinued or
anangea, any future Use Of such land shall be in conformity with the pro.-
visions Of this Title. [Included in Original Government Code Of Guam en-
acted by P.L. 1-88, 1952.]
� 17303. Nonconforming by reclassification or change. The fol*egoing
provisions of this Title shall also apply to buildings, land and uses
which hereafter become nonconforming due to any classification or reclas-
5ification of zone Or.tO any change in the provisions of this Title. [In-
cluded in Original Government Code of Guam enacted by P.L. 1-88. 1952.]

CHAP= V111
Automabile Parking 2nd Loading Space Regulations

0 17350. Automobile parking space
0 17351. General requirements
� 17352. Loadingapace
1 17350. Automobilo parking space. Off-street automobile
parking space shall be provided as follows:
(a) For dwellingat least two (2) automobile parking spaces for each
dwelling unit;
Jb) For hotels, at least one (1) automobile parking space for each four
(4) guest rooms;
(c). For places ofassembly, such as churches, auditoriums or theaters
with seating facilities, one (1) parking space for each four (4) seats;
(d) Forplaces ofassembly, such as restaurants or nightclubs without
Aged seating facilities, one (1) parking space for each one hundred (100)
squm fW of customer am in such use;

1-16

(e) For retail sales of building materials and goods requiring exten-
sive display areas, industrial buildings and warehouses, one(1) parking
space for each eight hundred (800) square feet of area in such use.
exclusive of loading requirements:
(f) For retail and wholesale sales and services, exclusive or warehouse
activity, at least one (1) space for each one hundred and fifty (150) square
feet or portion thereof of usable commercia I floor area;
(g) For professional and business offices, public administration
offices, on* (1) parking space for each four hundred (400) square feet or
portion thereof of floor area;
(h) For Offices and clinics, of healing arts. at least five (5) spaces for
each practitioner,
(i) For hospitals and nursing homes, at least one (1) space for each two
(2) beds;
(j) Three (3) spaces for every four (4) employees;
(k) Total parking requirements will be a total of all applicable ele-
ments in paragraphs (a) through (k);
(l) Appropriate parking space for open space activities such as swim,
ing beaches, picnic areas, campgrounds, boating areas. shall be deter-
mined by the Territorial Planning Commission. [Enacted 1952;
Amended by P.L. 9.205, effective July 10, 1968; Amended by P.L. 11-60.
effective June 10, 1971; Amended by P.L. 12-142, effective May 31, 1974;
$ 17351. General requirements. (a) Automobile parking space
required by this Title shall be provided at the time of the erection of any
main building or at the time any existing main building is enlarged or
increased in capacity by adding dwelling units, guest rooms or floor area,
and such parking space shall thereafter be maintained.
(b) In the cam of a dwelling, the automobile parking space shall bean
the same ]at and may be provided either in a private garage or in a
private automobile parking a .
(c) In the can of multi-residential buildings, church, theater,
clinics, commercial or industrial buildings. the automobile parking
space shall be an the same lot or may be provided in a parking garage
available to the public or a private parking am adjacent thereto.
(d) Every automobile parking space shall contain a minimum of one
hundred and eighty (180) square feet and shall have adequate access to a
public right of way. [Enacted 1952; Amended by P.L. 12-142, effective
May 31, 1974.)

$ 17352 Loading space. Off-street loading spaces for every
commercial or industrial building shall be provided, located and scaled
to meet the anticipated needs of all establishments and activities likely
to require such space. In general, off-street loading space shall be located
in service areas at the rear or sides of establishment in such a way that
there will be minimum interference with off-street parking or vehicular
movement in off street parking areas. [Enacted 1952; Repealed and
reenacted by P.L. 12-142, effective May 31, 1974.]

CHAPTER IX
Sign Regulations

$ 17400. Restriction of use.
$ 17401. Erection of signs.

$ 17460. Restriction of use. No structure of any kind or character
erected or maintained for outdoor advertising or identification purposes,
upon which any poster, bill, printing, painting, or other advertisement
of any kind whatsoever is placed, including statuary for advertising or
indentification purposes, and no card, cloth, paper, metal, painted or
wooden sign of any character placed for outdoor advertising or identifi-
cation purposes, on or to the ground or any tree, wall, bush, rock, fence,
building, structure or thing, either privately or publicly owned, shall .
be placed or maintained on property adjacent to any highway, road, street,
boulevard, lane, court, place, summons, trail, way, or other right of way
or easement used for or laid out and intended for public passage of vehi-
cles or of vehicles and persons except as provided below:
a. In Residential and Agricultural zones no exterior name plate or
sign shall be erected, displayed, or maintained., except the following:
(1) One (1) non-moving, non-flashing sign for each family residing on
the premises Indicating the name of the resident or pertaining to
a permitted occupation provided that each such sign does not exceed
three (3) square feet in area.
(2) One (1) non-moving'. non-flashing sign, not exceeding twelve (12)
square feet in area, pertaining to permitted buildings, structures,
and uses of the premises other than dwellings and occupations per-
mitted therein.

1-17

(3) Temporary unlighted signs aggregating not over twenty-four (24)
square feet in area pertaining to tbesale or lease of the premises.
(4@ Unlighted directional signs not exceeding three (3) square feet in
area pertaining to churches, schools, institutions and other public
or nonprofit uses.
b. In commercial zones, no exterior signs shall be erected, displayed
or maintained except the following:
(1) Signs indicating the name of a person or the type of business oc-
cupying the premises or the name of the building, provided that:
(a) Individual signs shall be non-flashing and non-moving.
(b) Individual signs shall be placed flat on the building wall, shall
not be higher than the roof line of the building, and shall project
no further than eighteen (18) inches from the wall to which they
are attached.
(0) Individual signs shall not cover an area in excess of five percent
(05%) of the surface.of the wall to which they are attached.
(2) Free Standing, double-faced signs identifying organized commercial
shopping centers housing a variety of uses, provided that:
(a) Such sign shall not exceed forty (40) square feet in area on each
face nor twelve (12) feet in height.
(b) Such structure shall not be placed closer than ten (10) feet to.
any street or highway right of way.
(c) Such signs shall be non-moving and non-flashing.
(d) One (1) such sign shall be permitted for each such shopping center.
c. In Industrial zones no exterior signs shall be erected, displayed
or maintained except the following:
(1) Signs indicating the name of the person, or the type of Industry
occupying the premises or the name of the building, provided that:
(a) :ndividual signs shall be non-flashing and non-moving.
(b) Individual signs shall be placed flat on the building wall, shall
not be higher than the roof line of the building, and.shall project
no further than eighteen (18) inches from the wall to which they
are attached.
(c) Individual signs shall not cover an area in excess of ten percent
(10%) of the surface of the wall to which they are attached.
(2) Free standing signs identifying the name of the owner or occupant
of the premises, or advertising goods inanufactured or produced,
or services rendered, on the premises, provided that:
(a) Such sign shall not exceed sixty (60) square feet in area nor
twelve feet (12) in height.
(b) Such structure shall not be placed closer than ten (10) feet to
any street or highway right of way.
(c) Such signs shall be non-moving and non-flashing.
(d) One (1) such sign shall be allowed for each industrial structure,
or complex of structures housing a single industrial user.
d. The provisions of this section shall not apply to any sign placed
by or for purposes of any charitable, religious and civic organization,
individual or entity, if the same remains posted or erected for a period
of not more than sixty (60) days.

� 17401. Erection of Signs. All permitted signs shall be erected in
such a manner as not to create a hazard to public safety or property,
and shall be resistant to winds, typhoon, earthquake or other natural
phenomenon. Engineering design shall be based on applicable sections
of the Building Law of Guam (Title XXXII Government Code of Guam).
The Building Official shall set specific engineering design standards.
Application,accompanied by detailed drawings and specifications shall be.
submitted to the Building Official, who will review said plans and grant
permit for the erection of said sign, free-standing or attached. The
Building Official shall refer said plans to thezoning inspector to as-
sure conformity to the provisions of this Chapter. [Original Chapter IX,
consisting of �� 17400-17403 as enacted in 1952 and added by P.L. 2-12,
effective February 17, 1953, was repealed and New Chapter IX M 17400-
17401) added by P.L. 8-176, effective August 19, 1966.1

CHAPTER X
Junk Yards

17425. Permits required.
� 17426. Improvement standards.
17427. Application required.
17428. Hearing required.
17429. Permit issued or denied.
� 17420. Nonconforming junk yards.

1-18

17425. Permits required. No person shall establish a junk yard
or extend the boundries of an existing junk yard without obtaining a
permit from the Territorial Planning Commission. Junk yards which are
established on the effective date of this Chapter shall be gove'rned by
the provisions of � 17430.

5 17426. Improvement standards.
(a) The minimum enclosed area for a junk yard shall be forty thousand
(40,000) square feet.
(b) The junk yard shall be enclosed by a fence not less than eight (8)
feet in height.
. (c) The Junk yard enclosure shall be set back forty (4o) feet from any
public road, and twenty (20) feet from all abutting property lines.
(d) The exterior yards established by subparagraph (c) above shall be
maintained in a sanitary and not unsightly manner.

J 17427. Application required. The owner shall make application for
the issuance of a permit under this Chapter to the Territorial Planning
Commission. Such application shall include:
(a) A statement of intent.
(b) A map of the general area showing the subject lot and all abutting
properties, with names and addresses of owners; and
(c) A proposed site plan, showing proposed enclosure, access and egress
5 17428. Hearing required. Within one (1) month of the first regu-
larly scheduled Territorial Planning Commission meeting after receipt of
an application, the Territorial Planning Commission shall hold a public
hearing on the proposed jgnk yard. The Territorial Planning Commission
shall cause notice of such application and hearing to be sent to abutting
property owners by registered mail, and advertisement of such hearing to
appear in a newspaper of general circulation throughout the territory at
least ten (10) days prior to the bearing.

17429. Permit issued or denied. After such public hearing, if the
Territorial Planning Commission determines that the standards set forth
in 5 1T451 are met, the Territorial Planning Commission shall issue a
permit. Any person aggrieved by a decision of the Territorial Planning-
Commission under this section shall have the right to appeal to the Is-
land Court as provided in J 17506 of this Title.

S 17430. Nonconforming junk yards.
(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 or
premises thereafter devoted to a use permitted in the zone In which such,
building or premises are located.
(b) The nonconforming use of a building or premises for the purpose of
operating a junk yard within a Light Industrial (Ml) Zone may continue
subject to the provisions of Chapter VII of this Title, provided that it
is made to conform to the provisions of � 17426 within the (1) year of
the effective date of this Chapter. If such action is not taken, the
provisions of subparagraph (a) shall apply. [Original Chapter X, consis-
ting of �� 17450-lT453 renumbered to Chapter X1 by P.L. 9-126, approved
January 29, 1968, effective March 29, 1968. New Chapter X. consisting
of 55 17425-17430, added by P.L. 9-126, approved January 29, 1968, ef-
fective March 29, 1968.3

CHAPTER XI
Administration and Enforcement

17450. Enforcement.*
17451. Building permit required.
17452. Building permit not to be issued.
� 17453. License approval required.
5 17450. Enforcement. The Building Official designated in Title
XXXII of the Government Code of Guam shall have the power and duty to
enforce the provisions of this law. All authority granted to him by
Title XXXII of this Code may be used in furtherance of these enforce-
ment activities, whenever such authority is necessary and applicable.
[Included in Original Government Code of Guam enacted by P.L. 1-88,
1952.1

1-19

17451. Building permit required. Before commencing the construc-
tion of a new building or structure, or 'the alteration, enlargement or
moving of an existing building or structure, a building permit author-
izing such work shall first be obtained from the Building Official as
provided for in Title XXXII of the Government Code of Guam; provided,
however, that the Building Official may delegate the authority to is-.
sue permits outside of the organized villages to the commissioners re-
ferred to In Title XXVI of this Code. [Amended by P.L. 2-21, effective
June 23, 1953; included in Original Government Code of Guam enacted by
P.L. 1-88, 1952.1

17452. Building permit not to be issued. 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 struc-
ture or part thereof, or for the use of any land, which is not in ac-
cordance with all provisions of this law. Any building permit or cer-
tificate of occupancy issued in conflict with the provisions of this
Title, shall be null and void. (included in Original Government Code of
Guam enacted by P.L. 1-88, 1952.]

� 17453. License approval required. No license pertaining to the
use ofland 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 the provisions of this Title.
Any license issued in conflict with the provisions of this Title shall
be null and void. (Included in Original Government Code of Guam enacted
by P.L. 1788, 1952.] (Renumbered to Chapter XI from original Chapter X
by P.L. 9-126, approved January 29, 1968, effective March 29, 1968.1

CHAPTER XII
Appeals and Reviews

17500. Appeals involving administration enforcement.
17501. variances.
17SO2. Variance requirements.
17503. Variance application - fo,.m and contents.
17504. Hearing date - noitice.
17505. Decision by Territorial PlanniLng Commission.
17506. Decision final - appeal.
17507. Jurisdiction.

� 17500. Appeals involving administration enforcement. The Terri-
torial Planning Commission shall also have and exercise the following
powers:
(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 certifi-
cate of occupancy, or other order, requirement, or decision made by the
Duilding Official or other administration official in the administration
of this Title; and
(b) To hear and decide appeals from any order, requirement, decision
or determination made by the Building Official In the enforcement of the
provisions of this Title.
The procedure for filing such appeals as well as the procedure govern-
Ing the actions of the Commission theron, shall be similar as that set
forth in �� 31062-31071 inclusive of Title XXXII of the Governme nt Code
of Guam. [Enacted 1952; amended by P.L. 7-91, effective February 13,1964.)

17501. Variances. Where practical difficulties, unnecessary hard-.
ships, or results inconsistent with the general purposes of this Title
would occur from its strict literal interpretation or enforcement, the
Territorial Planning Commission shall have authority to grant such var-
iances therefrom as may be in harmony with its general purpose and Intent,
so that the spirit of the law shall be observed, public safety secured,
and substantial-justice done, including the following:
(a) Permit the extension of an existing or proposed conforming build-
ing or use into and adjoining more restricted zone for a distance not
exceeding fifty (50) feet;
(b) Permit a building or 6se (including automobile parking) on a lot
Immediately adjoining or across an alley from a less restricted zone
upon such conditions and safeguards as will tend to cause an effective
transition from the less restricted to the more restricted zone;
(c) Permit the addition, enlargement or moving of a nonconforming build-
Ing or structure;

1-20

(d) Permit such modification of the height regulations as may be nec-
essary to secure an appropriate building or structure on a lot which has
such physical characteristics or is so located with relation to surround-
ing development that It cannot be properly improved without such modifi-
cation;
(e) Permit such modification of the yard, lot width or lot area reg-
ulations or requirements as may be necessary to secure an appropriate
building or structure on a lot which is of such size, shape or topogra-
phy, or-is located in relation to adjacent property or impftvements that
It cannot be appropriately improved without such modification;
M Permit such modifications on the lot area per dwelling unit (den-
sity) requirements as may be necessary to secure an appropriate develop-
ment of a lot in keeping with its size and location;
(g) Permit the modification or waiver of the automobile parking space
or loading space requirements where such modification would not be in-
consistent with the purpose of this Title;
(h) Permit temporary buildings or uses for a period not to exceed two
(2) Years in undeveloped areas;
(I) Permit the following uses in zones from which theyare prohibited
by this Title:.Governmental enterprises;-public utilities and public
service uses or structures; hospitals or institutions; or development
of natural resources.
(J) Permit the construction of buildings in violation of the restric-
tions of � 17203 of this Title. [Enacted 1952; Subsection (j) added by
P.L. 9-163, effective March 7, 1968.]

� 17501 (k). [� 17501 (j)]. "Permit the owner of a lot in a rural
zone to parcel therefrom one lot not less than ten thousand (10,000)
square feet in area to be used for a single family residence, such var-
iance to be conditioned upon a prohibition on any subsequent parcelling
of the lot and that the parcelled out lot be served by water and power
and a public road." (Subparagraph (k) added as (j) by P.L. 10-173, ef-
fective August 15, 1970; relettered to (k) by Editor.]

17502. Variance requirements. No variance shall be granted by the
Commission unless it finds:
(a) That the strict application of the provisions of this Title would
result in practical difficulties or unnecessary hardships inconsistent
with the general purpose and intent of the law;
(b) That there are exceptional circumstances or conditions applicable
to the property involved or to the intended use thereof that do not
apply generally to other property in the.same zone.
(c) That. the granting of the variance will not be materially detrimen-
tal to the public welfare or injurious to the property or improvements
In th zone or neighborhood in which the property is located; and
W That the granting of such variance will not be contrary to the ob-
jectives of any part of the "Master Plan" adopted by the Commis3ion or
Legislature.
(e) That, as to variances from the restrictions of 5 17203 of this
Title, the proposed building will substantially enhance the recreational,
aesthetic or commercial value of the beach area upon which the building
is to be constructed. and that such building will not interfere with or ad-
versely affect the surrounding property owners' or the public's right to
an untrammeled use of the beach and its natural beauty. [Subsection (e)
added by P.L. 9-163, effective March 7, 1968.1
The above requirements need not apply to the types of uses specified
in S 17501 (1), and variances for such uses shall only be granted by the
Commission where it finds that they are deemed essential or desirable to
the public convenience or welfare, are in harmony with the various ele-
ments or objectives of the "Master Plan," and will not be materially det-
rimental or injurious to the property or improvements in the immediate
neighborhood. (Included in Original Government Code of Guam enacted by
P.L. 1-88, 1952.)

17503. Variance application - form and contents. An application
for variance shall be filed with the Executive Secretary of the Commis-
.sion upon a form and accompanied by such data and information as the
Commission may prescribe. (Included in Original Government Code of Guam
enacted by P.L. 1-883 1952.]

5 17504. Hearing date - notice. Upon the fillng of variance ap-
prlIcation 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 partiesin interest. All hearings shall be conducted ac-
cording to rules established by the Commission, but any party in inter-
est may appear In person, or by designated attorney or agent.[Included
in Original Government Code of Guam enacted by P.L. 1-88, 1952.]

1-21

17505. Decision by Territorial Planning Commission. If, from the
facts presented with the application at the hearing, or by investigati6n
by or at the instance of the Commission, the Commission makes the find-
ings set forth in � 17502, it may grant the variance In whole or in part,
upon such terms and conditions as it deems necessary to conform to the
general intent and purpose of this law. If the Commission fails to make
said findings, it shall deny the application. Each decision by the Com-
mission authorizing a variance from the regulations herein established
must be by resolution adopted by a majority of Its membership, setting
forth in writing the findings required by � 17502, except that no writ-
ten findings shall be required in granting minor variances from the
height, yard, lot width, lot area or lot area per dwelling unit require-
ments. The Commission shall make its decision on each variance applica-
tion within a reasonable time and shall forthwith furnish a copy thereof
to the applicant and to other parties In interest who have requested to
be notified. Additional copies of the decision shall be filed In the
records of the Department of Public Works. If the decision filed invol-
ves a variance granted by the Commission, said variance shall be thw au-
thority for the Director of Land Management to endorse and to issue any
building permit or certificate of occupancy in conformance thereto and
for the approval of any application for the approval of a required lic-
ense. [Included in Original Government Code of Guam enacted by P.L. 1-88..
1952.]

� 17506. Decision final - appeal. The decision by the Commission on
any variance shall be final, except that any party aggrieved by such de-
cision shall. be entitled to a judiclal review thereof by application to
the Island Court within fifteen (15) days after the filing of the Com-
mission's decision in the Department of Land Management and the Depart-
ment of Public Works. [Included in Original Government Code of Guam en-
acted by P.L. 1-88, 1952.3

� 17507. Jurisdiction. The Island Court of Guam shall have juris-
diction over all actions arising from the provisions of this Title.
Cadded by P.L. 7-91., effective February 13, 1964.1 (Chapter XII renum-
bered from original Chapter XI by P.L. 9-126, approved January 29, 1968,
effective March 29, 1968.1

CHAPTER X111
Changes of Zones

17600. Requirements for changes.
17601. Procedure.
17602. Application - form and contents.
17603. Hearing date - notice.
17604. Decision by Commission.
17605. Planned development districts.
17606. Change of "Zoning Map.-

17600. Requirements for changes. The Commission may, with the ap-
proval of the Governor, change the zones established unde;:- this Title
whenever it finds that the public necessity, convenience and general wel-
fare justify such action. [Enacted 1952; rdpealed and added by P.L. 6-136
effective December 18, 1962.1

17601. Procedure. A proposed change may be initiated by the Com-
mission or by an application directed to the Commission by any person
owning or leasing real property within the area covered by the zone. [En-
acted 1952; repealed and added by P.L. 6-136, effective December 18,
1962.]

17602. Application - form and contents. An application for a
change of zone shall be filed with the Commission upon a form and accom-
panied by such data and information as the Commission may prescribe. [en-
acted 1952; repealed and added by P.L. 6-136, effective December 18,
1962.1

� 17603. Hearing date - notice. Upon the filing of an application
for 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 I of Title XVI of
this Code, notice of time and place of which shall be given by at least
one (1) publication in a newspaper.of general circulation, at least ten
(10) days before the day of said heariffg, and by mail to the Commission-
er of the municipal district concerned, and to those landowners owning
land within five hundred (500) feet of the property for which rezoning
Is requested, the mailing addresses for such landowners to be in the
Real Estate Tax records. [Amended by P.L. 10-158, effective July 3, 1970.1

$ 17604. Decision by Commission. 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 determinations
within forty (40) days-from the date of the hearing thereon and shall
forward notice of such decision to the applicant,if any. If the ap-
plication is approved in whole or in part by the Commission the same
shall be forwarded to the Governor who may approve or disapprove the pro"
posed change in whole or in part. [Enacted 1952; repealed and added by
P.L. 6-136, effective December 18, 1962.]
$ 17605. Planned development districts. A "PD" District enables the
unified development of a substantial land area with such-combination of
uses as Shall be apropriate 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 detailed plan be submitted to and
discussed with the Territorial Planning Commission. The application
shall-be accompanied by the appropriate fee and the detailed plan, or
revision thereof. The Territorial Planning Commission may approve the
detailed,plan, and rezoning, following the required hearing, upon find-
ings that the plan, considering structures, uses, access, regulations
and layout fixed in it, comprises:
(a) An area of sufficient acreage to constitute a large planning unit
having special attributes for integrated development;
(b) An appropriate development of the area from the viewpoints of its
natural features, location and suitability for particular uses;
(c) A combination of structures and uses which are in reasonable as-
sociation and proportion to make a harmonious unit and likely to contin-
ue compatibly with one another;
(d) All structures, including accessory structures, shall not cover
more that thirty percent (30%) of the area;
(e) A project adequately serviced by the necessary public services,
existing or proposed;
(f) A project consisten with an appropriate development of adjacent
areas and not unreasonably detrimental to the existing structures and
uses in such areas; and
(g) An appropriate.evolution of the comprehensive plan for that portion
of the territory.
In approving a detailed development plan, the Territorial Planning Com-
mission may impose such regulations of yards, open space, lot coverage,
density, and height as are reasonably required to permit the forgoing
findings. (Enacted 1952; repealed and added by P.L. 6-136, effective Dec-
ember 18, 1962; repealed and added by P.L. 9-232, effective August 10,
1968.]

$ 17606. Change of "Zoning Map." Any change of zones or approval of
comprehensive community plan pursuant to this Chapter shall be endorsed
and delineated upon the "Zoning Map" and shall constiture an amendment of
said map. [Added by P.L. 6-136, effective December 18, 1962.] [Chapter
XIII renumber from original Chapter XII by P.L. 9-126, approved January
29, 1968, effective March 29, 1968.]

$ 17601. No additional land may be established as a 'rural zone' and
no land presentably zoned 'A' may be rezoned without the Commission first
having considered an agricultural impact statement which shall be
submitted by the Director of the Departmen of Agriculture. This state-
ment shall provide a detailed statement of:
(a) The agricultural impact of the proposed rezoning upon the agricul-
tural components of the Guam Master Plan.
(b) Any adverse conservation or agricultural effects which cannot be
avoided should the rezoning be approved.
(c) The Director's opinion whether said rezoning should be approved
and reasons therefor. (Added by P. L. 12-208 effective January 23,1975.]

CHAPTER XIV
Recording - Submission to the Legislature

17625. Recording.
17626. inspection.
17627. Submission to the Legislature.
17628. Failure to submit.

17625. Recording. Upon the approval of any "Zoning Map" or amend-
ment thereto, a copy of same shall be recorded in the.Department of Land
Management.

1-23

17626. Inspection. Any "Zoning Mapff or amendment thereto recorded
pursuant to this Chapter shall be open to public inspection during normal
government business hours.

17627. Submission to the Legislature. The "Zoning Map" or amend-
ment thereto adopted by the Commission and approved by the Governor
shall be submitted to the next portion of the next regular session of
the Legislature convening after the said approval. The "Zoning Map" or
any amendments thereto shall remain In effect unless amended or repealed
by statute.

� 17628. Failure to-submit. The "Zoning Map" or any amendments there-
to not submitted to the Legislature In accordance with this Chapter shall
become automatically inoperative and void at midnight of the last day of
the session to which it should have been submitted.
[Editor's Note: Chapter XIV was added as new Chapter XIII by P.L. 6-136,
effective.December 18, 1962. Original Chapter XIII, as enacted in 1952,
was renumbered to Chapter XIV by P.L. 6-136, effective December 18, 1962.
New Chapter X111 and old Chapter XIV were renumbered to present Chapters
XXV and XV respectively by F.L. 9-126, approved January 29, 1968, and ef-
fective March 29. 1968.@]

CHAPTER XV
Fees

17650. Filing fees for appeals - variances changes of zones.

17650. Filing fees for appeals - variances - changes of zones.
Before-accepting for filing any application hereafter mentioned, the
Commission shall charge and collect the following filing fees:
(a) For Appeals $ 10.00
(b) For variances $ 15-00
(c) For changes of zones 10.00
(Amended by P.L. 10-156, effective July 3, 1970.1

CHAPTER XVI
Penalty for Violation

17700. Penalty

17700. Penalty. Any person, firm, corporation or officer thereof,
violating any of the provisions of this Title shall be guilty of a mis-
demeanor and, upon conviction thereof, shall be punishable by a fine of
not more than one hundred dollars ($100.00) or by imprisonment in jail
for a period of not more than one (1) month, or by both such fine and
Imprisonment. Such person, firm or corporation shall be deemed quilty
for each day during any portion of which any violation is committed,
.continued, or permitted and shall be punishable as herein provided. [In-
cluded In Original Government Code of Guam enacted by P.L. 1-88, 1952,
as Chapter XIV; renumbered to Chapter XV by P.L. 6-136, effective Decem-
bar 18, 1962; further renumbered to Chapter XVI by P.L. 9-126, approved
JanuarY 29, 1968, effective March 29, 1968.1

1-24

TITLE XIX
Subdivision Law

Chapter 1. General Provisions.
Il. Procedure for Subdividing Land.
Ill. Lot Parcelling and Agricultural Subdivisions.
IV. Requirements for Plans and maps.
V. Improvements.
VI. Variances and Appeals.
VII. Penalties, Amendments, Interpretation and Separability.

CHAPTER I
General Provisions

$ 18000. Title.
$ 18001. Purpose and intent.
$ 18001.5 Decedents, estates.
$ 18002. Definitions.
$ 18003. Authority of the Commission.
$ 18004. Commission approval.
$ 18005. General requirements for subdivisions.

$ 18000. Title. This Title shall be known as "The Subdivision
Law-" [Enacted 1952; repealed and added by P.L. 6-134, effective
December 18, 1962.]

$ 18001. Purpose and intent. The purpose of this Title and of any
rules, regulations, specifications and standards adopted, pursuant
thereto, is to control and regulate the development and/or subdiviion of
any land for any purpose whatsoever. Such control and regulation is
determined to be necessary to provide for the orderly growth and har-
monious development of the territory; to insure adequate traffic circula-
tion through cordinated street, road and highway systems; to achieve
property lots of maximum utility and livability; to secure
adequate provisions for water supply, drainage, sanitary sewerage and
other health requirements; to permit the conveyance of land by accurate
legal description; and to provide logical procedures for achievement
of this purpose. [Enacted 1952; repealed and added by P.L. 6-134, effec-
tive December 18, 1962; Amended by P.L. 12-90, effective January 16,
1974.]

$ 18001.j. Compliance with Master Plan. Development and/or
subdivision of all land and roads shall conform to that land use or road
location delineated in the latest revision of the Territorial Master Plan,
initially approved in April 1967.
(a) Construction an land designated for future road or public pur-
poses, contrary to the use indicated in the Master Plan, shall not be
authorized, irrespective of land ownership.
(b) Specifications for construction. repair. and/or reconstruction of
roads shall confirm to Department of Public Works Standards, and shall
follow requirements delineated for that zone in which the subdivision or
construction is located. (Added by P.L 12-90, effective January 16,
1974.]
$ 18001.5 (a) Chapter V of this Title shall not apply to land which is an
asset of the estate of a descendant, provided however, that before the
distribution of any such land by the Court. the Territorial Planner or
the Commission shall require street and utility easements on said land to
insured lot division, consistant with the general plan; further provided
however, that the minimum size of each lot shall be no less than 10,000
square feet.

(b) Chapter V of this Title shall not apply to land which has
been owned in fee simple for a period of not less than five (5) years by
a person who divides said land among his living children or their
descendants by way of inter vivos gift; provided, however, that such
land shall be deeded to said children or descendants in fee simple and
said deeds shall contain alienation classes to the effect that the children
or descendants in fee simple and said deeds shall contain alienation
clauses to the effect that the children or descendants shall not sell, lease
or otherwise alienate such lots for a period of at least five (5) years, and
further provided that before a, period of at least five (5) years, and
further provided that before the map be filed for record, the Territorial
Planner or the Commission shall require street and utility easements on
said land to insure lot divisions consistent with the general plan and
that the minimum size of each lot shall be not less than 10,000 square
feet."

1-25

-19002. Detinitions. The following words and phrases, when-
used herein, shall have the meaning respectively hereto ascribed
to them, except where a different meaning may be clearly indicateo
by the context:

1(s)'Apicultund Subdivision* shall mean a subdivmon ftvwg
no lots, parcels or sites smaller than forty thousand (40,000) sqmm.
ket and in which all lots@ pa la or sites are used principally for
agriculture, single family residence sites or as an agricultumhomeske
combination; except that the term 'agricultural subdivision' shaff
include a subdivision resulting from a distribution by the Court
pursuant to Section 18001.5(a) or Section 18001.5(b) of this Title witk
no lots, parcels or situ smaller than ten thousand (10,WO) square f"t,
and in which all lots6 parcels or sites sic used principally for $Sdcultuze,
singlo family sites oras an agricultural homestead combinaticaL"

(b) OC - ission" shall mean the Territorial Planning Commission.
(c) "Easement" shall mean a grant by the owner of land for a spe-
cified use or uses of said land to a person or persons, to the pub-
lic generally, or to the government of Guam.
(d) "Engineer" shall mean a person who is registered pursuant to
Title XLII1, Government Code of Guam, as an Engineer, and holds a
current certificate of registration issued by the Board of Engineer-
ing and Architectural Examiners or a person exempted under the pro-
visions of said Title XLIII.
(e) "Improvements" shall mean any beneficial or valuable site ad-
ditions or alterations to a subdivision property including street
grading and surfacing, water service, sanitary sewers, facilities
provided for drainage and site grading.
(f) "Non-Access Reservation" shall mean the limiting of access
between a right of way and the adjacent land. (A non-access reser-
vation shall be provided only when required by the Commission and
the right of access to and from such land across the right-of-way
boundary shallbe dedicated to the government of Guam)
(g) "Plan, General" shall mean the general plan or plans for guid-
ing the physical development of the Territory of Guam.as adopted by
the Commission and approved by the Governor.
(h) "Plan, Precise" shall mean the detailed plan or plans for
guiding and controlling the physical development of specific pro-
jects ab@ adopted by the Commission and approved by the Governor.
(I) "Planning Division" shall mean the Planning Division of the
Department of Land Management.
(j). "Record Map" shall mean the final subdivison map designed to
be placed on record in the Land Records of the Department of Land
Management.
(k) "-Reservation" shall mean an area of land which the subdivid-
er reserves free and clear of all structures for.future specified
purpose.
(1) "Resubdivision" shall mean the resubdividing of land in a
subdivision or lot parcelling subdivision-or portions thereof so
as to create a new or different subdivision of such land other
than is presently.of record, and shall include modifications to
Jot.JJrw*__,the creation of one or more additional lots or any other
action of land division which is not consistent with the recorded
subdivision or lot parcelling subdivision map.
(m) "Reversion to Acreage" shall mean the voiding of a previous
subdivision in order to revert the platted lots contained therein
back to the original parcel or parcels which existed prior to the
subdivision.
(n) "Right of Way" shall include the entire width between prop-
erty lines of a highway, street or alley.
(o) "Sanitation Division" shall mean the Sanitation Division of
the Department of Public Health and Social Services.
(p) "Subdivide" shall mean the act of creating a subdivision.
(q) "Subdivider" shall mean any individual, firm, association,
syndicate, corporation, trust or any other legal entity proceeding
to effect a subdivision of land for himself or another.
(r) "Subdivision" shall mean the division of any parcel of land
Into six (6) or more lots. Subdivision shall include resubdivis-
ion and reversion to acreage and, where appropriate to context,
relates to'the process of subdividing or to the land subdivided
regardless of the method used to accompligh such action, whether
by sale, design, rent, lease, ded of gift, grant in gift or any
other method of transferring title whether for remuneration or not
and whether immediate or future.
(s) "Subdivision, Lot Parcelling" shall mean the division of a
lot legally existing on the effective date of this Title into no
more than five (5) parcels. Lot parcelling of a lot shall Include
all methods of such action whether by sale, desigh, rent, lease,
deed of gift, grant in gift or any other method of transferring
title whether for remuneration or not and whether immediate or fu-
ture. 146

(t) 'Surveyor* shall mean a person who Is registered pursuant to
Title XLIII Government Code of Guam, a4 a land surveyor, and holds
a current certificate of registration issued by the Board of Engin-
eering and Architectural Examiners or a person exempted under the
provisions of said Title XLIII. ,
(u) "Tentative Map" shall mean a preliminary subdivision map for
the purpose of showing the design of a proposed subdivision and the
existing conditions in and around it.
(v) "Territorial Planner* shall mean the Chief of Planning Divis-
ion, Department of Land Management, government of Guam.
(w) "Territorial Surveyor" shall mean the person designated as
the Territorial Surveyor by the Director of Land Management. CEn-
acted 1952; repealed and added by P.L. 6-134,effective December 18,
1962; (o) amended by editor pursuant to P.L. 7-101, effective July
11, 1964, and P.L. 9-14T, effective February 16, 1968.1
� 18003. Authority of the Commission. The Commission shall have
jurisdiction and cognizance of all matters relating to subdividing
and subseqdent development of land within the territory. The Com-
mission shall prescribe and adopt such rules and regulations, which
shall include, but not be limited to, specifications and standards
for development of subdivisions, as are, in its judgment, necessary
to effectuate the purposes and intent of this Title. 'Such rules and
regulations may provide for delegation of functions of review and
inspection of proposed, tentative and final plans and maps, and of
subdivisions, to other agencies and departments of the government.
Such rules and regulations shall become effective upon,_approvalt by
the Governor. [Enacted 1952; repealed and added by P.L. 6-134,
effective December 18, 1962.3

� 18004. Commission approval. No subdivision map presented for
filing as a record in the Department of Land Management shall be
recorded without the prior approval of the Commission. The Commis-
sion shall not approve the record map of a subdivision unless such
map conforms to all the requirements of this Title and any applic-
able rules, regulations, specifications or standards adopted by the
Commission. No subdivider shall subdivide any land except in ac-
cordance with,this Title, or sell, lease or assign, or offer for
sale, any subdivision or a proposed subdivision or any part there-
of, or any lot, parcel or site therein until the record map has
been officially recorded. [Enacted 1952; repealed and added by P.
L. 6-134, effective December 18, 1962.1

18005. General requirements for subdivisions. In all sub-
divisions presented for recording under this Title, the subdivider
shall:
(a) Not subdivide or develop land for any purpose contrary to
the provisions of the Zoning Law, Title XVIII, Government Code of
Guam.
(b) Cause every lot to abut a roadway right of way having a min-
imum width of forty (40) feet, except that the Commission may,
where circumstances warrant, permit the subdivider to utilize road-
way rights-of-way less than forty (40) feet but In no case less than
twenty (20) feet in width. [Subparagraph (b) amended by P.L. 10-157,
effective July 3, 1970.3
(c) Except as may be provided for pursuant to � 21208.3, Title
XXII, Government Code of Guam, provide for the installation of pow-
er, water and telephone lines, fire hydrants, roads and highways
within the subdivision in accord with any general or precise plan
approved by the Commission.
(d) Where an established framework of local streets exists, pro-
vide for the uniformity of street widths and alignment thereto with
the streets of the subdivision, and for the continuation of exist-
ing street names.
(e) Provide for adequate light, air and privacy on all lots re-
gardless of land use, and design the location of streets to prevent
excessive grading and scarring of the landscape.
(f) Provide sufficient drainage of the land to provide reasonable
protection against flooding.
(g) Provide that streets within residential areas shall not be
planned for through traffic in order to insure privacy and safety.
[Added by P.L. 6-134,.effective December 18, 1962.1

1-21,

CHAPTER It
Procedure for Subdividing Land

18100. Application to establish subdivision.
18101. Fees. . I
18102. Review of tentative plans.
18103. Action by commission.
18104. Submission of final plans.
18105. Pima plans appzaval and recordation.
MOG. Movex Los to aermVe. maps. and plats.
18107. Building permits.
18108. Revocation of tentative plans.

18100. Application to establish subdivision. A subdivider
desiring to subdivide or develop land pursuant to this Title shall
make a written application therefor on a form prescribed by the
Commission. The application shall be filed with the Territorial
Planner and shall be accompanied by tentative subdivision plans
prepared In accordance with � 18300 of this Title. (Enacted 1952;
repealed and added by P.L. 6-134, effective December 18, 1962.3

18101. Fees. The subdivider shall at the time of filing
tentative subdivision plans pay a uniform check fee of ten dollars
($10.00) plus one dollar ($1.00) for each final lot shown on the
subdivision. Such fees shall not be returned in the event the ap-
plication is not approved. (Enacted 1952; repealed and added by P.
L. 6-134, effective December 18, 1962.1

� 18102. Review of tentative plans. The Territorial Planner
shall within three (3) days after receipt of such application
transmit copies of the tentative,plans to departments and agencies
of the government to which have been delegated responsibility for
technical review. Such agencies and departments shall review the,
plans and transmit their written findings and recommendations to
the Territorial Planner within fifteen (15) days after receipt of
such plans. [Enacted 1952; repealed and added by P.L. 6-134, effec-
tive December 18, 1962.3

� 18103. Action by Commission. After review, the tentative
subdivision plans shall be transmitted to the Commission at its
next regularly scheduled meeting by the Territorial Planner, to-
gether with all findings and recommendations. The Commission shall
thereafter approve, conditionally approve, or disapprove the plans.
When a tentative plan is disapproved, it may not thereafter be re-
considered unless modified and a new application filed. [Enacted
1952; repealed and added by P.L. 6-134, effective December 18, 1962.1

� 18104. Submission of final plans. Within one (1) year after
approval of tentative subdivison plans, the subdivider shall file
with the Territorial Planner the final plans prepared in accordance
with � 18301 of this Title.- The final plans shall be accompanied
by a written application for approval thereof in a form prescribed
by the Commission [Enacted 1952; repealed and added by P.L. 6-134,
effective December 18, 1962.1

� 18105. Final plans approval and recordation. -The Territorial
Planner shall review final plan documents as submitted for conform-.
.ity to the approved tentative plans. At the next regularly sched-
uled Commission meeting no less than two (2) days following receipt
of final plans, the Territorial Planner shall present the plans to
the Commission for action. Final plans submitted in strict compli-
ance with approved tentative plans shall beapproved. Final plans
which are not In strict compliance with approved tentative plans
shall, within fifteen (15) days,,be Approved or a written determina-
tion made specifying work necessary for subdivision completlorL prior
to final Commission approval. After approval by the Commission of
the final plan map, the subdivider shall record said map In accord-
ance with Article IV, Chapter II, Title XIV, Government Code of Guam.
[Enacted 1952; repealed and added.by P.L. 6-134, effective December
18, 1962.1

1-28

18106. Reversion to acreage, maps and plats. When a rever-
sion to acreage is made3 no tentative plans shall be required. The
subdivider shall prepare a final map showing the existing subdivis-
ion and the original parcel or parcels which shall result from the
reversion. No engineering plans shall be required. Upon approval
of the final map the map may be completed and submitted as a record
plat. No as-built surveys shall be required. The plat shall be
clearly marked "reversion to acreage" and any variance from the re-
quirements of a subdivision record plat shall be as determined by
the Commission. The fee or other interest in any subdivision im-
provements, easements or road rights of way within the perimeter of
the subdivision which has been dedicated to the government may be
quitelaimed to the subdivider at the discretion of the government.
(Enacted 1952;repealed and added by P.L. 6-134, effective December
18, 1962.1

� 18107. Building permits. The Director of Public Works or hIs
designated building'official shall issue no building or construction
permits for any development within the subdivision or lot parcelling
until the tentative plans have been approved, nor issue Individual
building permits until the record map has been recorded. The Terr-
itorial Planner shall notify the Director of Public Works in writ-
ing of the approval of the final plans and of the recordation of
the record map irmnediately after such approval is given and after
such recording is completed. [Enacted 1952; repealed and added by
P.L. 6-134, effective December 18, 1962.]

5 18108. Revocation of tentative plans. The Commission shall
not consider or approve final plans for a.subdivision which are
submitted after one (1) year, or after any extension of t1me.grant-
ed by the Commission during such year, following approval of tent-
ative plans. (Enacted 1952; repealed and added by P.L. 6-134, ef-
fective December 18, 1962.]

CHAPTER III
Lot Parcelling and Agricultural Subdivisions

18200. General.
18201. Application to establish lot parcelling or agricultural subdivislow.
18202. Wt parcelling approval.
18203. Parcellingmap recordation.
18204. Survey required for parcelling map-
18205. Resubdivisions. ..
18206. Certificate of ownership required (Repealed).
18207. Action on final map (Repealed).
18206. Effective recordation of finaX map (Repealed).

@S. 18200. General. The requirements of Chapter 11 and Chapter
V of this Title shall not apnly to lot parcelling subdivisions and
agricultural subdivisions. (ena6ted 1952; repealed and added by P.
L. 6-134, effective December 18, 1962.1

� 18201. Application to establish lot parcelling or agricultur-
al subdivisions. A subdivider desiring to parcel lots or subdivide
land for agricultural purposes shall make a written application
therefor on a form prescribed by the Commission. The application
shall be filed with the Territorial Planner and shall be accompa-
nied by the original and two (2) copies of a survey map prepared
In accordance with � 182o4 of this Title. [Enacted 1952; repealed
and added by P.L. 6-134, effective December 18, 1962.1

� 18202. Lot parcelling approval. Within fifteen (15) days
following receipt of an application to establish a lot parcelling
or agricultural dubdivision, the Territorial Planner shall approve,
conditionally approve, or disapprove the application, or shall sub-
mit the application to the Commission for its action. The Territo-
rial Planner or Commission may as con 'ditions of approval require
street and utility easement reservations and require modifications
to the map to insure lot divisions consistent with the general plan
and with provisions of � 18400 of this Title. The Territorial Plan-
ner or Commission shall disapprove the subdivision if adopted stan-
dards of subdivision cannot be maintained. The applicant may appeal
any decision of the Territorial Planner to the next regularly sched-
uled meeting of the Commission. There shall be no fees required for
lot parcelling or agricultural subdivisions for the checking of
plans or maps. (Enacted 1952; repealed and added by P.L. 6-134,'ef-
fective December 18, 1962.]

.1-29

18203. Parcelling map recordation. Upon final approval of a
lot parcelling or agricultural subdivision map by the Territorial
Planner or Commission, the subdivider shall record the map in con-
formity to Article IV, Chapter II, Title XIV, Government Code of
Guam, which map shall not be effective until recorded. [Enacted 1952;
repealed and added by P.L. 6-134, effective December 18, 1962.3

18204. survey required for parcelling map. The lot parcel-
ling map shall be prepared by a surveyor and shall show all survey
and mathematical data necessary to locate and retrace all lines
thereon, including bearings and distances of straight lines and
radii, are and tangent lengths for all curves. Any area reserved
for utility easements, access easements, and future street areas,
and other public improvements, shall be clearly delimited and desig-
nated. The survey map shall be endorsed as to its accuracy and for
its conformity to standard surveying practice by the Territorial
Surveyor. [Enacted 1952; repealed and added by P.L. 6-134, effective
December 18, 1962.]

S 1820S. Resubdivisions. Resubdivisions of regular or lot parcel-
ling subdivision shall be initiated and acted upon subject to the
procedures of the Chapter, provided, however, that resubdivisions
involving six (6) or more lots or resubdivisions requiring subdi-
vision Improvements shall be initiated and acted upon as a new sub-
division in accordance with the provisions of Chapter II of this
Title. (Enacted 1952; repealed and added by P.L. 6-134, effective
December 18, 1962.[ (Repeealed by P.L. 6-134, effective December
18, 1962.1

CHAPTER IV
Requirements for Plans and maps

18300. Form of tentative plans.
18301. Form of final plans.

18300. Form of tentative plans. Tentative plans will include
six (6) copies of a subdivision map, two (2) copies of a statement
of intent by subdivider, and two (2) copies of subdivision emprove-
ment plans.
(a) The subdivider shall cause the tentative subdivision mao to
be prepared by and engineer or surveyor. The map shall be clearly
and legibly drawn on one or more sheets having dimensions of twenty-
two inches (22") by twenty-nine inches (29"). The scale of the map
shall be as prescribed by the Commission and the map shall general-
ly include:
(1) The tract number as issued by the Territorial Planner.
(2) The name and address of the owner or owners of record, of the
subdivider and of the person preparing the map.
(3) Date, north arrow and scale.
(4) A key map locating the subdivision in relation to surrounding
areas.
(5) The exact length and bearing of the exterior boundries of the
subdivision which data shall be referenced to the "Guam Geo-
detic Triangulation Control Net" or such alternative system
of triangulation control as the Territorial Surveyor may di-
rect.
(6) The accurate placement and outline of structures existing on
the site.
(7) The location, names, and existing widths of adjacent street
rights of way.
(8) The location and dimensions of all known existing easements
and reservations.
(9) The location of existing utilities, sewers, drainage ditches
and other drainage facilities located in, or adjacent to, the
proposed subdivision.
(10) The lot numbers and lines of all adjacent parcels of land.
(11) The location, width and direction of flow of all water courses
within the subdivision area.
(12) Topography with contour intervals of two feet (21) where the
ground slope is five percent (5%) or less or contour intervals
of five feet (51) where the ground slope Is more than five per
cent (5%).
(13) The location and widths of all existing or proposed streets in
the subdivision.
(14) The approximate lot layout and approximate lot dimensions of
each lot.

1-30

(15) Areas Intended to be reserved for public use.
(b) The statement of the subdivider shall include a resume of the.
Improvements proposed to be made in the subdivision, the existing
zone district or districts applicable to the property, proposed use
or uses of the subdivision lots and, in the absence of zoning, the
proposed setback requirements for individual property development.
(a) Subdivision Improvement plans shall include:
(1) Street construction plans including, but not limited to, plan@.
n*d grading. street centerline gradients and typica1road
cros3-sectionn specifying material and depths.
(2) Water and sewer line plans showing pipe sizes, routing, gra-
dients, pressure regulation and point 'of origin.
(3) A drainage plan showing methods and facilities for collec-
tion and disposal of storm waters. The storm drainage dis-
posal area or channel must have a demonstrated ability to
accept additional water in view of capacity of area or
channel and of capacity of existing improvements confining
the channel.
The tentative plan shall be prepared in sufficient detail for
analysis by the Commission as to sufficiency and most suitable
location. The Commission may require the submission of detailed
construction drawings as subdivision work is initiated to permit
detailed analysis of construction conformity to law and the rules
and regulations of the Commission, and to facilitate improvement
inspections. [Enacted 1952; repealed and added by P.L. 6-134, ef-
fective December 18, 1962.]

18301. Form of final plans. The -final plan submitted for
approval shall include a map of the subdivision and a final survey
of Improvements as installed.
(a) The map of the subdivision shall be prepared by and engin-
eer or surveyor in accordance with the following:
(1) The final map shall be clearly and legibly drawn in opaque
black ink on good quality tracing paper or cloth acceptable
to the Territorial Planner. Signatures shall be in opaque
black ink. The size of each sheet shall be twenty-two by
twenty-nine inches (2211 x 29"), A marginal line shall be
drawn completely around each sheet, leaving an entirely blank
margin of one inch (1"). The scale of the map shall be as
prescribed by the Commission and shall show all details clear-
ly, with enough sheets used to accomplish this,purpose. The
map shall be so makde and shall be in such condition when
filed tha good, legible prints can be made therefrom.
(2) The map shall contain the tract number in letters no less
than one-half (@") in height, north directional point, map
scale and date of final survey.
(3) The map shall show all survey and mathematical information
and data necessary to locate all monuments, and to locate and
retrace any and all interior and exterior boundary lines ap-
pearing thereon including bearings and distances of straight
lines, radii, arc and tangent lengths of all curves. The
final map shall particularly define, designate and delineate
all road and alley rights of way and easements and other par-
cels offered for dedication for public use.
(4) The following certificates shall be placed on the first sheeL
of the map in a form prescribed by the Commission:
(a) Dedication of street, easements and other parcels of land in-
.. tended for public use by the owner.
(b) Acknowledgment of dedication for certification by a Notary
Public.
(c) Acceptance of dedication to be signed by the Governor.
(d) Certification by the surveyor making the map (record plat)
that the map is correct and accurate and that the monuments
described thereon have been so located.
(e) Limited aceasn dedicatinn where a nonaccess reservation in
used to restrict access. The map shall be lettered "Vehic-
ular access rights dedicated to.the government of Guam" along
the thoroughfare adjacent to the lots affected.
M Endorsement of Territorial Surveyor.
(g) Approval by the Commission.
(h) Certificate of recordation.
In addition, the map shall be accompanied by statements concern-
ing any proposed deed restrictions or covenants.

1-31

(b) As part of the final plan, the subdivider shall submit a copy
of an as-built drawing of all subdivision Improvements.. The de-
tails of the as-built drawing shall show, but not be limited to a
showing of, the precise placement, sizing and characteristics of
water lines, drainage measures, streets, street curbs and similar
constructed utilities. The as-built drawing shall be to specifica-
tions satisfactory to the Commission. CAdded by P.L. 6-134, effec-
tive December 18, 1962.1

CHAPTER V
Tmprovements

18400. Required improvements.
18401. utilities extensions - planned areas.
18402 Utilities extensions - unplanned areas.
18403 Time allowed for completion of improvements.

18400. Required improvements. The subdivider shall provide
the following improvements and improvement areas within time limits
specified by the Commission-
(a) Street and Alleys - Pianned areas. Where general plans have
been or are hereafter duly adopted and show an area as planned for
development into urban uses, the following street and alley improve-
ments shall be required:
All street and alleys within the subdivision shall be graded and
drained the full width of the right of way. The roadbed portion of
the right of way shall be improved with a stabilized coral base and
surfaced with a light bituminous surface treatment having a minimum
width of twenty-two feet (221). The roadway centerline gradient
and right-of-way cross-section including drainage ditches, travel-
led roadway design and paving and shoulders shall be in conformity
to criteria established by the Commission.
Permanent sidewalks having a minimum width of four feet (41) shall
be laid out for all streets and shall be dedicated to the government
of Guam. The Commission shall establish criteria relating to width
and construction of such sidewalks, and all such sidewalks.shall be
in conformity thereto. [Added by P.L. 11-134, effective April 26,
1972.]
(b) Street and Alleys - Unplanned Areas.. Where at the time of a
subdivision a general plan has not been adopted or where the gen-
eral plan designates the area as agricultural, the following street..
and alley improvements will be required.
All streets and alleys within the subdivision shall be graded and
drained the full Width of the rightof way. The roadbed portion of
the right of way shall be improved with a stabilized coral base. -
The roadway centerline gradient and right-of-way cross-section in7,.
cludln&dralnaze.dltches.,,travelled roadway and shoulders shall
in conform3.ry to crizer3a e3i."ilshed oy tne Commission.
(c) Storm Water Drainage. Storm drainage facilities shall be pro-
vided in all subdivisions in accordance with plans prepared by the
subdivider conforming to criteria established by the Commission.
These facilities shall be designed to dispose of normal storm wa-
ters falling on the subdivision without hazard of flooding, incon-
venience of ponding, and the erosion of public or private land.
(d) Domestic Water. Potable domestic water shall be piped onto
each lot within the subdivision. Water pipes shall be new and so
sized to supply normal household pressures.
(e) Sanitary Sewage Disposal. When sanitary sewers are provided
in a subdivision, they shall be in conformity to plans prepared by
the subdivider satisfactory to the Commission. 'When sewers are
placed within a subdivision, the minimum permissible lot s 'ize shall
be as determined by the applied zoning district, or in the absence
of zoning, shall be not less than seven ihousand (7,000) square
feet. In subdivisionswhere sanitary sewers are not provided, the
minimum permissible lot size shall be determined by the slope and
characteristics of the subdivision soil andsubsoil but in no event
shall be less than is established by the applied zoning district,.
or in the absence of zoning, seven thousand (73000) square feet.
Determination of lot size shall be made on the basis,of soil perco-
lation tests made in conformity to standards adopted by the Commis-
sion. Lot sizes, including area and minimum widths and depts shall
be related to the ability of the subdivision lands to accept the
anticipated septic tank effluent whereby no sanitary problem-will
be created. The Commission shall establish criteria relating lot
sizes and shapes to tested rates of seepage, and all lots created
after the enactment of this Title shall conform thereto.
(f) Survey Monuments. Permanent concrete monuments shall be in-
stalled at all point of direction change in the subdivision perim-
eter and in the exterior lines of blocks. (enacted 1952; repealed
and added by P.L. 6-134, effective December 18, 1962.1

1-32

18401. Utilities extensions - planned areas. Where general
plans have been duly adopted and show an area as planned for devel-
opment into urban uses, the following development criteria will ap-
ply for subdivisions within the area so delineated:
(a) Road extensions. Where roads must be extended from existing
roads in order,to gain suitable access to a subdivision, the sub-.
divider shall negotiate with the property owners involved and ac--
quire rights of way to width and alignment approved by the Commis-
sion. The subdivider shall improve such access road or roads the
same as he improves the Interior subdivision roads.
(b) Power,.water mains, and fire hydrants may be installed by the
Public Utility Agency in accordance with � 21208.3, Government Code
of Guam.
(c) The subdivider shall provide easements for all utility exten-
sions to the satisfaction of the Commission, and acceptable to the
Public Utility Agency. (Enacted 1952; repealed and added by P.L.
6-134, effective December 18, 1962.]

18402. Utilities extensions - unplanned areas.. In areas
where general plans have not been adopted but where water,,.electri-
cal facilities and roads exist within or adjacent to a planned sub-
division area, the criteria of � 18401'will be applic,able.....In un-
planned areas where water service, electric service or public rosAs
are not immediately available, the government shall not supply any
utility or road extension to make the site suitable for development.
(Enacted 1952; repealed and added by P.L. 6-134, effective December
18, 1962.1

� 18403. Time allowed for completion of improvements. Upon ap-
proval of the tentative subdivision plan by the Commission, the sub-
divider shall complete within one fl) year all of the improvements
required, except that the Commission, for good cause shown, may au-
thorize an extension of time, not to exceed twelve (12) months. for
such completion. Within such time, the subdivider must either:
(a) Complete the required improvements and, upon acceptance there-
of by the government, file his final plans; or
(b) Furnish bond acceptable to the Commission for the completion
of improvements, the bond to be in penal sum of one hundred fifteen
per cent (115%) of total work costs as verified by the Director of
Public Works. On approval of the bond, the final plans may be filed.
[Added by P.L. 6-134, effective December 18, 1962.1

CHAPTER V1
Variances and Appeals

18500. Petition for variances.
18-901. variance subdivisions.
18502. Unit development.
18503. Judicial review.

18500. Petition for variances. The Commission, on its own
initiative, or upon the petition of any subdivider stating fully
the grounds of the application and all the facts relied upon by
the subdivider, may grant variances to the regulations of the Com-
mission. Such petition shall be filed with the tentative plan of
the subdivision.. In the event the Commission shall find the fol-
lowing facts with respect to the petition for a variance, it may
grant a variance under such terms and conditions as it may pre-
scribe:
itions affecting
(a) That there are special circumstances or cond
said property.
(b) That the variance is necessary for the preservation and en-
joyment of a substantial property right of the subdivider.
(c) That the granting of the variance will not be materially det-
rimental to the public welfare or injurious to other property in
the area in which said property is situated. I
(d) That the variance, if granted, will conform with the intent
and purpose of-the general or precise plan for the territory, and
of this Title. [Enacted 1952, repealed and added by P.L. 6-134,
effective December 18, 1962.1

S 18SO1. Variance subdivisions. The Commission shall have
the authority to review any prior division of parcels of land,
whether for the purpose of lot parcelling or the establishment of
a subdivision, presented to the Department of Land Management for
recording as a subdivision under the provisions of this Title. The-
Commission may require the subdivider or owner to modify the arrange-'
ment, to improve access rights of way and easements, or to modify

1-33

the size and shapes of lots and other improvements as a condition
precedent to record the presentation as a subdivision. The decis-
Ion of the Commission shall be final. [Added by P.L. 6-134, effec-
tive December 18, 1962.1

� 18502. Unit development. The standards and requirements of
this Title may be modified by the Commission in the case of a plan
and program for.a new town, a complete community, or a neighborhood
unit, which in the judgment of the Commission provides adequate pub-
lic spaces and improvements for the circulation, recreation, light,
air, and service needs of the tract when fully developed and popu-
lated and which also provide such deed restrictions or other legal
provisions as will assure conformity to and achievement of the plan.
(Added by P.L. 6-134, effective December 18, 1962.1

18503. Judicial review.
(a) Any order of the Commission shall become effective when no-
tice thereof is delivered to the party or parties affected and, un-
less proceedings for judicial review are instituted as provided for
In Subsection (b) of this section, shall become final at the expir-
ation of thirty (30) days thereafter.
(b) If the decision of the Commission is not in accordance with
law or is not supported by substantial evidence, the same may be
set aside through an action instituted in the Island Court brought
by the party affected thereby. The subdivider shall not subdivide
any land, or sell, lease, or offer for sale, any subdivision or pro-
posed subdivision or any part thereof, or any lot, parcel or site
therein, or commence or continue construction or any improvement
relatingthereto during the pendency of such action.
(c) Review by the court shall be limited to the record procured
before the Commission and, if the decision of the Commission is not
according to law or supported by substantial evidence, the court
shall return the matter to the Commission for further action in ac-
eordance with the evidence. [Added by P-.L. 6-134, effective December
18, 1962.1

CHAPTER V11
Penalties, Amendments, Interpretation and Separability

18600. Violation penalties.
18601. Separability.
18602. Repeal.

18600. Violation penalties.
.(a) Any individual agent, partnership, firm, association, corpor-
ation or any other legal entity violatingany of the provisions of
this Title shall be guilty of a misdemeanor, and upon conviction
thereof,shall be punished by a fine of not more that five hundred
dollars ($500.00) for each offense. Such individual agent, partner-
ship, firm, association, corporation or other legal entity shall be
deemed guilty of an offense for each day or portion thereof in which
any violation is committed, continued or permitted, and shall be pun-
ishable as herein provided for each such day or portion thereof.
(b) The imposition of any sentence made under-this section shall
not-exempt the offender from compliance with the requirements of this
Title. (Repealed and added by P.L. 6-134, e@fective_ December 18, 1962.1

18601. Separability. If any section, subsection, sent .ence,
clause, phrase or portion of this Title is for any reason held to
be invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
Title. The Legislature hereby declares that it would have passed
and does hereby pass this Title and each section, subsection, sen-
tence, clause, phrase, or portion thereof, irrespective OC the
fact that one or more sections, subsections, sentences, clauses,
phrases, or portions tberof, be declared invalid. (Repealed and
added by P.L. 6-134, effective December 18, 1962.1

5 18602. Repeal. All Acts or parts of Acts which are Incon-
sistent with the provisions of this Title are hereby repealed to
the extent of such inconsistency. (Original Chapter 7, consisting
of 5� 18600-18606, as added by P.L. 5-142, effective September 8,
1960, repealed by P.L. 6-134, effective December 18, 1962.]

1-34

Public Law 13-69
Thirteenth Guam Legislature
(Bill 48)

AN ACT

An Act to add a new subparaMh fh) to Secdon 18003 of dw
Government Code of Guam relative to requiring the developer of a
subdivision to provide adequate public access to recreational landi

Be it enacted by the People of the Territory of Guam:
Section 1. Statement of Legislative Finding. The Legislature rinds
there is a great need for the establishment and preservation of public
access to many areas in the territory. There am miles of coastal
shorelines and waters under the jurisdiction of the territory which am
inaccessible to the public due to the absence of public rights-of-way;
the absence of public rights-of-way is a contributing factor to acts of
litistility against private shoreline properties; the population of the
Wand is increasing while the now accessible beach and shoreline areas
remain fixed; and the absence of public access to Guam's coastal
shoreline constitutes an infringement upon the fundamental right of
free movement in public space and of access to and use of the sea. The
Legislature further finds that urbanization also may prevent or impede
C
blic access to lilt and jungle lands which have areas for hiking,
ting, fruit-picking and other recreaUonal purposes.

Section-2. Section 18005 of the Govemment Code of Guam is
amended by the addition of a new Subparagraph (h) to read as follows:

"(h) In cases where public access is not already provided.
dedicate land for public access by dght-of-way for pedestrain travel
from a public. highway or public street to abutting lands below the
high-water mark on any coastal shoreline, and to dedicate land for
public access by right-of-way from a public highway or public street to
abutting public lands in the hills and jungle so such lands shall be
accessible for hiking, hunting, fruit picking and other recreational
purposes.

The right-of way shall be clearly designated on the final map or
the subdivision or development upon the dedication of land for a
dght-of-way as required by this Subparagraph and acceptance by dw
wrritory, the territory shall thereafter assume the cost of improvements
fox and the maintenance of the right-of-way, and the subdivider shall
mccuidingly be relieved from such coal%."

. Section 3. This Act shall have immediate effect and shall apply to
ther- plan of any subdivision or development which has not been
approved prior to the date it shall take effect.

Approved Octow 22, 1975.

1-35

Guam Territorial Seashore Protection
Act of 1974

$ 13410. Short title
$ 13411. Findings
$ 13412. Definitions
$ 13413. Commission creation, membership and compensation
$ 13414. Conflict of interest
$ 13415. Powers and duties
$ 13416. Commission and responsibilities
$ 13417. Interim Permit control
$ 13418. Penalties
$ 13419. Severability
$ 13420. Authorization for appropriation

$ 13410. This Chapter may be cited as the Guam Territorial
Seashore Protection Act of 1974.

$ 13411. The people of the territory of Guam hereby find and declare
that the Guam Territorial Seashore Reserve is a distinct and valuable
natural resource belonging to all the people of Guam and existing as a
delicately balanced ecosystem; that the permanent protection of the
natural, scenic, and historical resources of the seashore reserve is a
paramount concern to the present and future residents of this island;
that in order to promote the public safety, health. and welfare, and to
protect public and private property, wildlife, marinelife, and other ocean
resources, and the natural environment, it is necessary to preserve the
ecological balance of the seashore reserve and prevent its deterioration
and destruction; that it is the policy at this territory to preserve and
protect the resources of the seashore reserve for the enjoyment of the
current succeeding genarations, and that to protect the seashore
reserve, it is necessary:
(a) To study the seashore reserve to determine the ecological planning
principles and assumptions needed to ensure conservation of its re-
sources:
(b) To prepare, based upon such study and in full consultation with all
affected governmental agencies and departmens, private interests and
the general public, a comprehensive, coordinated, enforceable plan for
the orderly, long-range conservation, management and development of
the seashore reserve;
(c) To ensure that any development which occurs in the seashore
reserve during the study and planning period will be consistent with the
objectives of this Chapter;
(d) That the Board of Directors, Territorial Seashore Protection
Commission, is hereby charged with the resonsibility of implementing
the provisions of this Chapter:
$ 13412. Definitions. (a) 'Commission' means Guam Territorial
seashore Protection Commission.
(b) 'Board' means the Board of Directors of the Commission.
(c) 'Seashore reserve' means that land and water area of the territ-
ory of Guam extending seaward tot he ten fathom contour, including all
islands within the territory's jurisdiction, and extending inland from the
mean high water line for a distance on a horizontal plane of one hundred
meters. [Amended by P.L. 12-209, effective January 16, 1976.]
(d) 'Development' means, on land, in or under water, the placement
or erection of any solid material or structure, discharge of disposal of any
dredged material or of any gaseous, liquid, solid, or thermal waste;
grading, removing, dredging, mining, or extraction of any materials;
change in the density or, intensity of use of land, including, but not
limited to, subdivision of land and any other division of land including
lot splits; change in the intensity of use of water, ecology related thereto,
or of access thereto; construction or reconstruction, demolition, or altera-
tion of the size of any structure, including any facility of any private,
public, or municipal utility, and the removal of major vegetation.
(e) 'Improved residential property' means a detached, noncom-
mercial residential dwelling, the construction of which was begun before
September 1, 1972, together with so much of the land on which the
dwelling is situated, the said land being In the same ownership as the
dwelling, as the Commission shall designate to be reasonably necessary
for the enjoyment of the dwelling for the sole purpose of noncommercial
residential use together with any structures accessary to the dwelling
which are situated an the land so designated.
(f) 'Person' includes any individual. organization. partnership, and
corporation including any utility and any agency of federal, territorial,
and local government.
(g) 'Plan' means the Guam Seashore Reserve Plan.
(h) 'Sea' means the Pacific Ocean or the Philippine Sea.

$ 13413. Commission creation, membership and compensation,
(a) The Commission is hereby created and &hall consist of seven (7)
members to be appointed by the Governor with the advice and consent of
the Legislature.
(b) Commission members will be appointed within sixty (60) days
after the enactment of thos Chapter. Members shall hold office for a term
of two (2) years and may be reappointed for one (1) additional term.

1-36

(9) Commission members shall serve without compensation except
that each member ithall be paid a per them of Fifty Dollars ($50) for each
day's attendance at a meeting of the Commission. Each member shall
also be allowed actual expenses incurred in the discharge of his duties.

0 13414. Conflict of Interest. (a) No member of the Commission
or employee of the Commimionshall participate. in any official capacity
whatsoever, in any proceeding, hearing, application. request for ruling
or other official determination.judicial or otherwise, in which any of the
following has a financial interest the member or employee himself his
spouse;, his child, his partner any organization in which he in then
serving or has, within two (2) Years inior to his selection or armintment
to or employment by the Commission, served in the capacity of officer.
director, trustee. partner, employer or employer, any organization
within which he is negotiating for or has any a"angement or under-
standing concerning prospective partnership or employment.
(b) In any case within the coverage of this section, the prohibitions
herein contained shall not apply if the person concerned advises the
Board in advance of the nature and circumstances thereof, including full
public disclosure orthe facts which may potentially give rise to a viola-
tion ofthis article, and obtains from the Board a written determination
that the contemplated action will not adversely affect the integrity of the
Commission. Any such determination shall require the affirmative vote
of two-thirds of the members of the Board.
(c) Any person who violates any.provision of this section shall, upon
conviction, and for each such offense, be subject to a fine or not more than
Ten Thousand Dollars ($10,000) or imprisonment for not more than two
(2) years. or both.

1 13415. Powers and duties. The Board may:
(a) Accept grants, contributions, and appropriations-,
(b) Employ and ftx the compensation, in accordance with law. of such
professional, clerical and other assistants as may be necessar3r
(c) (1) Through coordination and assistance with other government
departments and agencies, acquire lands. waters, and interests
therein with the boundaries of the seashore reserve, by donation,
purchase with donated or appropriated funds, by exchange for gov-
ernmentland. ortransfer. All property owned by the territory of Guam
within the seashore reserve is hereby dedicated for the purpose of this
Chapter.
(2) With respect to improved residential property acquired for the
purposes of this Chapter, which is beneficially owned by a natural
person and which the Board determines can be continued in that use
for a limited period of time without undue interference with the
administration, development. or public use of the coastal reserve, the
owner thereof may on the date of its acquisition by the Commission
retain a right of use and occupancy of the property for noncommercial
residential purposes for a term, as the owner may elect, ending eit her
(a) at the death of the owner or his spouse, whichever occurs later, or
(b) not more than twenty-five (25) years from the date of acquisition.
Any right so retained may during its existence be transferred or
assigned. The Commission shall have paid to such owner the fair
market value or the property on the date of such acquisition, less the
fair market value on such date orthe right retitined by the owiter.
13) The Board may torminitte it rigla tifinge tind occupitticy rt,
tained pursuant to this subsection upon a determination that such use
and occupancy is being exercised in a manner not consistent with the
purposes of this Chapter, and upon tender to the holder of the right an
amount equal to the fair market value of that portion or the right-
which remains unexpired an the date of termination;
(d) Contract for any professional services ir such work or services
tannot satisfackirily be performed. by its employew
(a) Be sued and sue to obtain any remedy to restrain violations cifthis
Chapter. Upon the request of the Commission, the Attorney General
shall provide necessary legal representation;
(0 Adopt any regulations or take any action it deems reasch able and
necessary to carry out the provisions ofthis Chapter, but no regulations
shall be adopted without a prior public hearing.

1 134M Commission responsibilities. The Commission shall:
(a) Elect a chairman.
(b) Appoint an Administrator who shall not be a member of the
Commission and who shall have the responsibility for the administra-
flon of this Act under the supervision of the Commission.
(c) Prepare, adopt and submit to the Legislature for implementation
the Guam Seashore Reserve Plan.
(1) The plan shall be based on detailed studies ofall the factors that
significantly affect the seashore reserve.
(2) The plan shall be consistent with all of the following objectives:
(a) The maintenance, restoration, and enhancement of the over-
all quality of the seashore reserve envircnmsnt@ including, but not
limited to. its amenities and aesthetic v *alues.
(b) The continued existence of optimum populations of all species
oflivingorgastism.

1-37

(c) The orderly, balanced utilization and preservation, consistent
with sound conservation principles, of all living and Ron-living
seashore reserve resources.
(d) Avoidance of irreversible and irretrievable iommitments of
seashore reserve resources.
(a) Public access for maximum visual and physical use and en-
joyment of the seashore reserve by the public.
(3) The plan shall consist of such maps, text and statements of
policies and objectives an the Commission determines an necessary.
(4) The plan shall contain at least the following specific compo-
nents:
(a) A precise, comprehensive definition of the public interest in
the seashore reserve.
(b) Ecological planning principles and assumptions to be used in
detemining the suitability and extent of allowable development.
(c) A component which includes the following elementw
(1) A land-use element.
(2) A conservation for the preservation and mamagamentafthe
scenic and other natural resources of the seashore reserve.
(3) A public access for maximum visual and physical use and
enjoyment of the constal reserve by the public.
(4) A recreation element
(5) A population element for the establishment of maximum
desirable population densities.
- (6) An education-1 or scientific use element.
(d) Reservations of land or water in the seashore ressm 9w
certain uses. or the prohibition afeartain uses in specific aress.
(a) RAcommendations for the governmental policies and powers
required to implement the planning including the organization and
authority of the governmental agency or agencies which should
assume permanent responsibility for its implementation.
(d) Publish objectives, guidelines, and criteria for the collection of
data, the conduct ofstudies, and the preparation ofrecommendations for
the plan within six (6) months after its first meeting.
(a) Prepare its definitive conclusions and recommendations, includ-
ing recommendations for areas that should be reserved for specific uses
or within which specific uses should be prohibited, which it shall, after
public hearing, adopt and submit to the Legislature no later them
January, 1976. ,
M On or beibre December 1, 1975, adopt the coastal reserve plan mid
submit it to the Legislature for its adoption and implementation.
(Amended by P.L. 12-210. effective January 23, 1975.1

� 13417. Interim permit control
(a) General provisions.
(1) On or after June 1, 1974 any person wishing to perform any
development within the seashore reserve shall obtain a permit au-
thorizing such development from the Commission, and, ifrequired by
law, from any other governmental department or agency. No permit
shall be issued without the affirmative vote ofa majorityofthe Board
members. [Amended by P.L 12-210. enlective Jnnunry 23, 1975.1
(EDITOWS NOTE: P.L. 12-210 purported to amend 4 13416(F)(1) as
regards the date for seeking a construction permil. from the Commis-
sion. Legislative intent being clear, the Editor has reflected the
Amendment in& 13417(aMaccordingly.]
(2) No permit shall be issued unless the Board has first found:
(a) That the development will not have any substantial adverse
environmental or ecological effect, and
(b) That the development is consistent with the purpose and
objectives ofthis Chapter.
The applicant shall have the burden of proofon all issues.
(3) All permits shall be subject to reasonable terms and conditions
in order to ensure that-
(a) Access to beaches, recreation and historical areas, and
natural reserves is increased to the maximum extent possible. by
appropriate dedication.
(b) There is no substantial interference with or detraction from
the line ofaight toward the sea from the territorial highway nearest
the const.
(c) Adequate and property located public recrention areas and
wildlife preserves are reserved.
(d) Provisions are made for solid and liquid waste treatment,
disposition, and management which will minimim adverse eMcts
upon coastal reserve resources.
(a) Alterations to existing land forms and vegetation, and car,
Struction orstructures shall cause minimum danger offloods. lavA-
alidM erosion or siltation.
(4) If prior to the effective date of this Chapter. a building permit
has been issued, no person who has obtained a vested right thereunder
shall be required to secure a permit under this section, provided that
no substantial changes may be made in any such development@ except
in accordance with the provisions of this Chapter. Any such person
shall be deemed to have'such vested rights if, prior to April 1, 1973 he
has in good faith and in reliance upon the building permit diligently
commenced construction and performed substantial work and mate-
rials necessary thereof.

1-38

(5) Notwithstanding any provision in this section to the contrary.
no permit shall be required for the following types of development:
(a) Repairs and improvements not in excess of Seven Thou isand
Five Hundred Dollars ($7,500) to existing single-family residencer
provided that the Agency shall specify by regulation those classes of
development which involve a risk of adverse environmental effect
and may require that a permit be obtained.
(b) Maintenance dredging of existing navigation channels or
moving dredged material from such channels to a disposal area
outside the coastal reserve, pursuant to a permit from the United
States Army Corps of Engineers.
(b) Permit procedure.
(1) The Board shall proscribe the procedures for permit applications
and may require a reasonable filing fee and the reimbursement of
expenses.
(2) The Board shall give written public hearing. Such hearing shall
beset no less thin twenty-one (21) nor more than ninety (90) days after
the date on which the application is filed.
(3) The Board shall act upon an application for permit within sixty
(60) days after the conclusion of the hearing.
(4) Any person including an applicant for a permit, aggrieved by
the decis' lon or action ofthe Board shall have a right tojudicial review
o1such decision or action by filing a petition for a writ ofmandamus,
pursuant to � 1084 et. seq. of Civil Procedure Codq of Guam within
sixty (60) days after such decision is made.
(5) Any person may maintain an action for declaratory and equita.
ble relief to restrain violations of this Chapter. No bond shall be
required for an action under this subsection.
(6) Any person may maintain an action for the recovery of civil
penalties provided in� 1341&
(7) The provision of this Section shall be In addition to any other
remedies available at law,
(8) Any person who prevails In a civil action brought to enjoin a
violation ofthis Chapter or to recovercivil penalties shall be awarded
his costs, Including reasonable attorneys fees.

1 134M Penalties. (a) Any person who violate@ arty provisionsof
this Chapter shall be subject to a civil fine not to exceed Ten Thousand
Dollan ($10,000).
W In addition to any other penalties, any person who performs any
development in violation of this Chapter shall be subject to a civil fine
not to exceed Five Hundred Dollars ($500) per day for each day in which
such violation persists.

1 13419. Severability. If any provision of this Chapter or the ap-
plication thereof to any person or circumstances is held invalid, such
invalidity shall not affectother provisions or applications ofthe Chapter
which can be given effect without the invalid provision or application,
and to this end the provisions of this Act are severable.

1 13420. Authorization for appropriation. There are hereby
authorized to be appropriated such sums as may be necessary to carry
out the Purposes of this Chapter. [Chapter V-A, 0 13410-13420, added
by P.T. 12-108. effective March 11, 1974.1

Public Law 13-52
Thirteenth Guam Legislature
(Bill 413)

AN ACT
An Act to repeal and reenact Section 13413 of the Govemment Code
of Guam (P.L. 12-1081 relative to the composition of the Guam
Territorial Seashore Protection Commission.
Be it enacted by the People of the Territory of Guam:
Section 1. Section 13413 of the Government Code of Guam (P.L.
12-108) is hereby repealed and a new Section 13413 is hereby enacted
to read as follows:
"Section 13413. Commission Creation, Membership and
Compensation. (a) There is hereby created a Guam Territorial
Seashore Protection Commission (hereinafter referred toll's the
*Commission'), consisting of the seven nicinhers of the
Tefritorial Planning Commission and the members shall hold
Office so long as they remain members of the Territori2l
Planning Commission.
(b) Commission members shall serve without compensation
except that each member shall be paid a pef them of
Twenty-Five Dollars (S25.00) for each days'attendance at
2 meeting of the Commissi()n. Each member shall be
allowed actual expenses incurred in the discharge of his
duties."
Approved July 15. 1975. 1-39

Public Law 13-154
Thirteenth Guam Legislature
(Bill 839)

AN ACT

An Act to add a new Subsection (g) to Section 31003 and to repeal and
reenact subparagraph (c) of Section 13412 of the Government Code
relative to emergency repairs of buildings.

Statement of Legislative Findings: The Legislative finds that
Typhoon Pamela has destroyed or damaged hundreds of buildings
within the Territory of Guam while governmental regulation of
construction by means of building permits is normally a desirable
function of government, Legislature finds that in this
typhoon-caused emergency, the speedy repair of buildings out-weighs
any possible disavantage in the temporary suspension of construction
regulations.
Be it enacted by the People of the Territory of Guam,

Section 1. A new Subsection (g) is added to Section 31003 of the
Government Code to read-

"(g) It at say time Guam or any part of it shall be declared
disaster area by the President of the United States. no person shall to
required to make application or give notice to the Building official in
Order to make such repairs as many be necessary to resotre a dwelling

Immediately prior to the incident which resulted in the disaster
declaration and, provided further, such dwelling was made
uninhabitable as a result of the incident which resulted in a disaster
declaration. This subparagraph shall not preclude the government from
excersising its police power to condemn or require vacation of any
structurewhen It is determined that the continued occupancy or use of
such a structure oses a threat to the public health, safety and welfare,
The authority given by this subparagraph to make emergency repairs in
in the event Of a declaration of disaster shall valid Only for a period of
ninety (90) days subsequent to the issuance of the declaration of
disaster by the President of the United States."

Section 2 Subparagrqah (c) of Section 13412 of the Government
Code is repealed and reacted to read:
"(c) Seashore Reserve means that land and water area of
Guam extending seaward to the ten fathom contour, including all
islands within the Governments jurisdiction except Cabras Island and
these Villages wherein residences have been constructed along Me
shoreline prior to the effective date of the Seashore Act, and extending
Wand to the nearer of the following points:

(1) From the mean high water line for a distance on a
horizontal plane of ten (10) meters

(2) From the mean high water line to the Wand edge a
the nearest public right-of-way."

Section 3. Section I of this Act shall be ratroartively effective to
the date of the declaration of the declaration of Guam as a typhoon disaster
am by the President of the United States

Overridden

July 7 1976

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CHAPTER V-B
Ocean Shores: Territory Beach Areas

13450. Legislative findings
13451. Legislative policy
13452. Construction and interpretation
13453. Definitions
13454. Ownership of Guam ocean shore
13454. Vesting of public rights in same
13456. Acquisition of same
13457. Guam ocean shore not to be alienated
13458. Title and rights of territory unimpaired
13459. Liability of property owners of ocean shore
13460. Landowner declaration of control of same

13450. Legislative findings. The Legislature declares that:
(a) The traditional pattern of land ownership of land abutting the
beaches and ocean shores of Guam is that a strip of dry land between
the mean high watermark as can be physically established from the
latest tide elevation data published by the U.S. Coast and Geodetic
Survey, and privately-owned land is owned by the government for gen-
eral use of the inhabitants or the island, being open and available to
all users, both for recreational purposes and as a means of livelihood
for thrownet fishermen;
(b) The shore side boundaries of privately-owned real properties
which were surveyed before World War II did not extend to the mean
high watermark, as can be testified to respecting the privately-owned
land along Agana Bay the Organized villages of Asan, Piti and Agar.
(c) Since World War II, an increasing amount of the government-
owned land abounding the sea has been alienated and lost to private
ownership;
(d) Although fee title to the ocean shore may have vested in private
individuals, the Legislature recognize& that over the years the public
has made frequent and uninterrupted use of such ocean shore and
recognizes, further, that where such use has been legally sufficient
to create rights or easements in the public through dedication,prescrip-
tion, grant, or otherwise, that it is in the public interest to protect and
preserve such public rights or easements an a permanent part of
Guam's recreational resources;
(e) The indiscriminate building of structures an the ocean shores of
Guam creates a menace to the well-being of the people of the territory
by increasing the pollution of tidal waters, and such construction, in
addition, deprives the people of Guam of their right to untrammeled
use of beach areas above the mean high watermark;
(f) Such construction destroys the natural beauty of Guam's ocean
shores, one of the territory's greatest natural resources; and
(g) Finally, in spite of the enactment of certain laws and the adoption
of numerous resolutions for the protection and preservation of the
beach areas of Guam, the Executive Branch of the government, which
has the responsibility for enforcing these laws and implementing the
resolutions adopted, has failed to adequately preserve and protect that
strip of said land above the mean high watermark which belongs to
the people of Guam.

13451. Legislative Policy. The Legislature of Guam hereby
declares as the public policy of the territory of Guam that it is the
public right to have unrestricted access to the ocean shores of Guam for
common use by all the people of Guam, and therefore that strip of
public land above the high mean watermark must be preserved and
protected for all generations to assure free access to the beaches of the
territory to the maximum extent, to preserve the natural beauty of
Guam's beaches, and to alleviate the health problems caused by con-
struction near tidal areas. It is, therefore, the purpose of this Chapter
to forever preserve and maintain the sovereignty of the territory here-
tofore legally existing over the ocean shore of the territory so that the
public may have the free and uninterrupted use thereof; to protect,
settle and confirm the public rights to the use of the ocean shore here-
tofore acquired by public dedication, prescription, or otherwise and
to authorize the reacquisition of the ocean shore where a portion
thereof has been lost to private ownership and no-public rights exist
therein as a result of dedication, prescription, or otherwise.

I 13452. Construction and Interpretation. The Legislative find-
ings and policy set forth in 13450 and 13451 shall govern in the
interpretation of any provision in this Chapter.

13453. Definitions: 'ocean shore', 'territory recreational area'.
As used in this Chapter, unless the context requires otherwise:
(1) 'Ocean shore' means the land between the mean low waterline
and a series of lines connecting angle points located at a distance of
twenty-five (25) feet inland from the two (2) feet contour line as estab-
lished and described by the U.S. Coast and Geodetic Survey. The angle
points shall be so selected as to secure maximum parallelism of the
twenty-five (25) fast setback line with two (2) feet contour.

I-41

(2) "Territory beach area' means a land or water area, or combina.
tion thereof, under the Jurisdiction of the -Department of ParUs and
Recreation. used by the public for recreational and fishing purposes.
1 13454. Ownership of Guam ocean shore. Ownership of the
part of the ocean shore of Guam between mean high tide and extreme low
tide, excepting such portions as may have been disposed of by the terri-
tory prior to January 1. 1972, is vested in the territory beach area.

13455. Vesting of public rights in Guam ocean shore. All
public rights or easements in any part of the ocean shore of Guam legally
acquired through express dedication, implied dedication, prescription,
grant, or otherwise are confirmed and declared vested exclusively in the
territory beach area. No land subject to rights vested pursuant to this
section shall, after the effective date of this Act, be registered pursuant
to the provisions of Article L Chapter IV. Title IV, Part IV, Division
Second of the Civil Code ofGusm, unless the registratian is in the name
of the government of Guam or clearly sets forth the existence of rights in
the government of Guam.

1 13456. Acquisition of Guam-ocean shore. The Governor is
hereby authorized and directed to acquire ownership of or interests in
any partofthe ocean shore of Guam where such lands are held in private
ownershiir provided, however, the Governorshall not acquire ownership
of or interests in any such ocean shore if it is unregistered and frequent
and uninterrupted use of the ocean shore by the public has been legally
sufficient to create rights and easements in the public which are
confirmed and vested pursuant to� 13455 of this Chapter and provided
further that any interest in such ocean shore acquired by the Governor
which is less than full ownership thereof shall be sufficient to permit the
Department of Parks and Recreation to administer the interest acquired
as a territory beach area. Such acquisition from private owners shall
either be by condemnation. exchange, or negotiated purchase, except
that the price for such nebotiated purchases shall not exceed the most
recent appraised value of such property for real property taxes under
Chapter IV. Title XX, Government Code of Guam, and if by exchange
with government-owned property, only if the government-owned prop.
erty to be exchanged has been included in the inventory of government
land, or amendments thereto, provided under� 13505.1of the Govern-
ment Code of Guam.
1 13457. Guam acenu shore not to be arienated. judicial con-
firmation of public rights in ocean shore. No portion of the ocean shore of
Guam or any interest therein vested by fl. 13454 and 1W5 of this
Chapter or hereafter acquired by the territory of Guam or any political
subdivision thereof shall be alienated by any agencies. departments,
commissions or corporations of the territory except as expressly provided
by law; provided. however, the restriction on alienation shall not apply
to a judicial sale of such land resulting from a condemnation action
brought by the United States of America or to an exchange of said land
madepursuanfto� 13525(c)of this Code. The Department of Parks and
Recreation, when necessary shall undertake appropriate court proceed.
in ga to protect, settle and confirm all publ ic rights and easements vested
in the territory pursuant to �� 13454 and 13455 of this Chapter.
� 13459. Title and rights of territory unimpaired. Nothingeon-
tained in this Chapter shall be construed to relinquish, impair or limit
the sovereign title or rights of the territory orGuam in its shores as the
same may exist before or after the effective date of this Chapter.
1 13459. Liability -of property owners of ocean shore. The
owner or person in control of any property subject to a public easement
declared a territory beach area by � 13455 of this Chapter or acquired as
ocean shore for a territory recreational area pursuant to � 13456ofthis
Chapter shall not be liabli for any injury to another person or damage to
property of.another resulting from a condition of the property within
eitherarea, unless the injury or damage results froma condition thathe
created and that he.knew of or in the exercise of reasonable care, should
have known was likely to cause injury to persons or damage to property.
11 13480. Landowner declaration of continuing control of land
along ocean shore- effect. failure to file.
(a) In any courtproceedings involving prescriptive rightsofthe public
over unregistered property abutting, adjacentor contiguous to the ocean
shore, an instrument executed and filed as provided by Subsection (b) of
this section shall be an act and declaration admissible as evidence of the
intent of the owner or person in control of property to exercise dDloin ion
and control over his property.
(b) The declaration shall describe the property and shall 'he signed
and acknowledged. It shall state that the public is granted permission t
use the property, or a specifically described portion of the property, and
that the public use may be for certain purposes which sliall ski be
describe& The dqclaration shall be filed in the Department of Parks and
Re,;reation,
(c) Failure of the uwn ror person in contro! cX property to execute and
file the declaration a:. prviaLdin Subsection (b) of V:is secti@n shall not
imply an intent to relinquish dominion and controA over h;.4 property.
(H 13450-13460 aadedby e.L. 12-19, effective April 24, j.973; Chapter
V-B of TITLE XIV renumopred from Chapter V-A atid renamed "Oce3n
Shores- Territory Beach esreq!i", by P.L. 12-,'.09. effective Janu?i- 23,
1975.1

1-42

Agricultural Preserves

ARTICLE I
General Provisions

12600[12500]. Citation of Chapter.
12601[12501] Definitions.
12603[12503]. Inclusion within agricultural preserve: 'Agricultural land'.

ARTICLE II
Agricultural Preserves

12604[12504[. Establishment of preserves.
12605[12505]. Rules governing administration and establishment of pre-
serves.
12606[12506]. Altereration of boundaries: notice to owners.
126O7[12507]. Submission of proposal to the Territorial Planning Commis-
sion: reports.
12608[12508]. Removal of land from preserve: notice.
12609[12509]. Filing of map: keeping current.
12610[12510]. Utility facilities as compatible uses.

ARTICLE III

Contracts

12611[12511]. Authority of department to contract.
12612[12512]. Other owners of prime agricultural land to whom contract to
be offered.
12613[12513]. Land on which the department may contract.
12614[12514]. Contracts.
12615[12515]. Term of contract.
12616[12516]. Term of twenty (20) years or more.
12617[12517]. Notice of nonrenewal.
12618[12518]. Termination of contract.
12619[12519]. Information furnished by landowner.
12620[12520]. Recording of contract.
12621[12521]. Enforcement of contract.

ARTICLE IV

Cancellation

12622[12522]. Purpose.
12623[12523]. Request by landowner.
12624[12524]. Conditions for approval.
12625[12525]. Assessment of land: determination of cancellation fee: pay-
ment of deferred taxes; waiver of payment: distribution of
deferred taxes.
12626[12526]. Recording of certificate of cancellation.
12627[12527]. Public Hearing.
12628[12528]. Same: protest by other owners within the preserve.

ARTICLE V
Eminent Domain

12629[12529]. Public improvements within preserve.
12630[12530]. Voiding of contract by exercise of eminent domain.

ARTICLE I
General Provisions

12600[12500]. Citation of Chapter. This Chapter shall be
known as the Guam Land Conservation Act.

12601[12501]. Definitions. As used in this Chapter, unless
otherwise apparent from the context.
(a) 'Agricultural commodity' means any and all plant and animal
products produced in this territory for commercial purposes.
(b) 'Agricultural use' means use of land for the purpose of produc-
ing an agricultural commodity for commercial purposes.
(c) 'Prime agricultural land' means any of the following:
(1) Land which supports livestock used for the production of food
and fiber and which has an annual carrying capacity equivalent to at
least one (1) animal unit per acre as defined by the United States
Department of Agriculture.
(2) Land planted with fruit or nut-bearing trees, vines, bushes or
crops which have a non-bearing period of less than five (5) years and
which will normally return during the commercial bearing period on
an annual basis from the production of unprocessed agricultural
plant production not less than Two Hundred Dollars ($200) per acre.
(3) Land which has returned from the production of unprocessed
agricultural plant products an annual gross value of not less than
Two Hundred Dollars ($200) per acre for three (3) of the previous five
(5) years.

1-43

(d) 'Agricultural preserve' means an area devoted to either ag-
ricultural use, recreational use as defined in Subdivision (h) or open
space use as defined in Subdivision (i) or any combination of such uses,
and compatible uses as designated by the department.
(e) 'Compatible use' is any use determined by the department or
by this Act to be compatible with the agricultural, recreational,or open
space use of land within the preserve and subject to contract. 'Compat-
ible use' includes agricultural use, recreational use, or open space use
unless the department finds after notice and hearing that such use is
not compatible with the agricultural, recreational or open space use to
which the land is restricted by contract pursuant to this Chapter.
(f) 'Department means the Department of Agriculture.
(g) 'Director'means the Director of the Department of Agriculture.
(h) 'Recreational use' is the use of land by the public, with or
without charge, for any of the following: walking, hiking, picnicking,
camping, swimming, boating, fishing, hunting, or other outdoor games
or sports for which facilities are provided for public participation. Any
fee charged for the recreational use of land as defined in this subdivi-
sion shall be in a reasonable amount and shall not have the effect of
unduly limiting its use by the public.
(i) 'Open space use' is the use or maintenance of land in such a
manner as to preserve its natural characteristics, beauty, or openness
for the benefit and enjoyment of the public, to provide essential habitat
for wildlife.

12603[12503]. Inclusion within agricultural preserve: 'Ag-
ricultural land'. Notwithstanding any provisions of this Chapter to
the contrary, the following may be included within an agricultural
preserve pursuant to this Chapter.
(a) Land devoted to recreational use;
(b) A wildlife habitat area which is a land or water area designated
by the department as an area of great importance for the protection or
enhancement of the wildlife resources of the territory;
(c) A submerged area which is any land determined by the depart-
ment to be submerged or subject to tidal action and found by the
department to be of great value to the territory as an open space.
When such land is included within an agricultural preserve, the
department may contract with the owner for the purpose of restricting
the land to recreational or open space use and uses compatible there-
with in the same manner as provided in this Chapter for land devoted
to agricultural use. For the purposes of this section, where the term
'agricultural land' is used in this Chapter it shall be deemed to include
land devoted to recreational use and land within a wildlife habitat area
or a submerged area, and where the term 'agricultural use' is used in
this Chapter it shall be deemed to include recreational and open space
use.

ARTICLE II
Agricultural Preserves

12604[12504]. Establishment of preserves. Beginning
January 1, 1974, the department, after a public hearing may establish
agricultural preserves. No later than thirty (30) days prior to any such
hearing the department shall publish a newspaper of general circula-
tion within the territory, a notice, which shall include a legal descrip-
tion,or the assessor's parcel number, of the land which is proposed to be
included within the preserve. Such preserves shall be established for
the purpose of defining the boundaries of those areas within which the
department will be willing to enter into contracts pursuant to this act.
An agricultural preserve shall consist of no less than ten (10) hectares;
provided, that in order to meet this requirement, two (2) or more
parcels may be combined if they are contiguous or if they an in
common ownership.
The department may establish agricultural preserves of less than
ten (10) hectares if it finds that smaller preserves an necessary due to
the unique characteristics of the agricultural enterprises in the area,
and that the establishment of preserves of less than ten (10) hectares is
consistent with the general plans of the department.
An agricultural preserve may contain land other than agricultural
land, but the use of any land within the preserve and not under
contract shall within two (2) years of the effective date of any contract
on land within the preserve restricted by zoning or other suitable
means in such a way as not to be compatible with the agricultural use
of the land, the use of which is limited by contract in Accordance with
this Chapter.
Failure on the part of the department to restrict the use of land
within a preserve but not subject to contract shall not be sufficient
reason to cancel or otherwise invalidate a contract.

12605[12505]. Rules governing administration and estab-
lishment of preserves. For the purposes of this Chapter, the de-

1-44

pairtment. shall adopt rules governing the administration of agricul.
tural preserves including procedures rar initiating. riling and proces-
sing requests to establish agricultural preserves. Such rules shall be
applied uniformly throughout the preserve. shall enumerate those
uses whichare to beconsidered to be compatible uses, and may require
the payment ofa reasonable application fee. The sanic procedure that
is required to establish an agricultural preserve shall be used to dises.
tablish or to enlarge or diminish the size ofan agricultural preserve.

1 12806(125061. Alteration of boundaries: notice to own-,
ore. In the event any proposal to disestablish or to alter the boundary
ofan agricultural preserve will remove land under contract from such
a preserve. notice of the proposed alteration or disestablishment and
the dateofthe hearing shall be furnished by the board or council to the
ownerafthe land bycertified mail directed to him at his latest address
known to the department. Such notice shall al:no be rurnished by
first-class mail to each owner of land in that preserve which has a
common boundary with the land to be removed from the preserve.

1 12607[125071. Subinisalon of proposal to the Territorial
Planning Commission: report. Any proposal to establish an ag-
ricultural preserve shall be submitted to the Territorial Planning
Commission. Within thirty (30) days after receivingsuch a proposal,
the Territorial Planning Commission shall submit a report thereon to
the department; provided. however, that the department may extend
thetime allowed for an additional periodnot to exceed thirty t30) days.
The report shall include a statement that the preserve is consistent,
or inconsistent, with general plans. and the department shall make a
finding to such effect. Final action upon the establishment of an ag-
ricultural preserve may not be taken by the department until the
report required by this section is received from the Territorial Plan-
ning Commission, or until the required thirty M) days have elapsed
and any extension thereofilranted by the department has elapsed.

6 12608112501. Removal of land from preservot notice. The
ollectofromoval ofland under contract from an agricultural preserve
shall be the equivalent of notice of nonrenewal by the department and
the department shall, at least sixty (60) days prior to the next renewal
date following the removal, serve a notice ofnonrenewal as provided by
li 126171125171. Such notice of nonrenewal shall be recorded as pro-
vided in � 126201125201,

# 120091125091, Filing of maps keeping current. Whenever
an agricultural preserve is established and so long as it shall Ix- in
sMict, a map of such agricultural preserve shall be filed and kept
cuirent by the Department of Agriculture with the. Department or
Land Management.

# 121314)(135101 UdUty facilities an compatible use. Notwith.
standing any determination of compatible uses by the department
pursuant to this Chapter, unless the department after notice and
hearing makes a finding to the contrary. the erection, construction,
alteration, or maintenance ofelectric, water. or communication utility
facilities are hereby determined to be compatible uses within any
agricultural preserve. No land occupied by electric, water. or com-
munication utility facilities shall be excluded from an agricultural
preserve by reason of such use.

ARTICLE III

Contracts

1 12611112311). Authority of department to contract. The
department may. by contract, limit the use ofagricultural land for the
purpose ofpreservingauch land pursuant and subject.to the conditions
set forth inthecontract and in this Chapter. A contract may provide for
restrictions. terms. and conditions, including payments and fees. move
restrictive than or in addition to those required in this Chapter.

1 126121125121. Other owners of prime agricultural land to
whom contract to be offeredi. If such a contract is made with any
landowner, the department shall offer such a contract under similar
tome to every other owner ofagricultural landwithin the agricultural
preserve in question.
However, except as required by other provisions orthis Chapter, the
provisions of this section shall not be construed as requiring that all
contracts affecting land within a preserve be identical, so long as such
differences as exist are related to differences in location and charac-
teristics ofthe land. pursuant to uniform rules adopted by the depart-
ment.

1 12613U25131. Land on which the department may con.
tract The department may not contract with respect to any land
pursuant to this Chapter unless the land: (a) is devoted to agricul.
tural use; (b) Is located within an area designated as an agricultural
preserve.

1-45

12614[12514]. Contracts. Every such contract shall:
(a) Provide for the exclusion of uses other than agricultural and
other than those compatible with agricultural use, for the duration of
the contract.
(b) Be binding upon, and inure to the benefit of all successors in
interest of the owner. Whenever land under a contract is divided, the
owner of any parcel may exercise, independent of any other owner of a
portion of the divided land, any of the rights of the owner of a portion of
the divided land, and any of the rights of the owner in the original
contract, including the right to give notice of nonrenewal and to peti-
tion for cancellation. The effect of any such action by the owner of a
parcel created by the division of land under contract shall not apply to
the owners of the remaining parcels and shall have no effect on the
contract as it applies to the remaining parcels of the divided land.

12615[12515]. Term of contract. Each contract shall be for
an initial term of no less than ten (10) years. Each contract shall
provide that on the anniversary date of the contract, or such other
annual date as specified by the contract, a year shall be added automat-
ically to the initial term unless notice of nonrenewal is given as
provided in � 126171[12517].

12616[12516]. Term of twenty (20) years or more. Notwith-
standing the provisions of 12515, if the initial term of the contract is
for twenty (20) years or more the contract may provide that on the
anniversary date of the contract or such other annual date as specified
by the contract beginning with the anniversary date on which the
contract will have an unexpired term of nine (9) years, a year shall be
addeed automatically to the initial term unless notice of nonrenewal is
given as provided by � 12617[12517].

12617[12517]. Notice of nonrenewal. If either the land-
owner or the department desires in any year not to renew the contract,
that party shall serve written notice of nonrenewal of the contract
upon the other party in advance of the annual renewal date of the
contract. Unless such written notice is served by the landowner at least
ninety (90) days prior to the renewal date or by the department at least
sixty (60) days prior to the renewal date, the contract shall be consid-
ered renewed as provided in 12615(12515] or � 12616[12516].
Upon receipt by the owner of a notice from the department of non-
renewal, the owner may make a written protest of the notice of non-
renewal. The department may, at any time prior to the renewal date,
withdraw the notice of nonrenewal. Upon request by the owner, the
department may authorize the owner to serve a notice of nonrenewal
on a portion of the land under a contract.

12618[12518]. Termination of contract. If the department or
the landowner serves notice of intent in any year not to renew the
contract, the existing contract shall remain in effect for the balance of
the period remaining since the original execution or the lost renewal of
the contract, as the case may be.

12619[12519]. Information furnished by landowner. The
landowner shall furnish the department with such information as it
shall require in order to enable it determine the eligibility of the
land involved.

12620[12520]. Recording of contract. No later than twenty
(20) days after the department enters into a contract with a landowner
pursuant to this Chapter, the department shall record with the De-
partment of Land Management, a copy of the contract, which shall
describe the land subject thereto, together with a reference to the map
showing the location of the agricultural preserve in which the property
lies. From and after the time of such recordation such contract shall
impart such notice thereof to all persons as is afforded by the recording
laws of this territory,

12621[12521]. Enforcement of contract. The territory or
landowner may bring any action in court necessary to enforce any
contract including but not limited to, an action to enforce the contract
by specific performance or injunction.

ARTICLE IV
Cancellation

12622[12522]. Purpose. It is hereby declared that the purpose
of this Article is to provide relief from the provisions of contracts
entered into pursuant to this Chapter only when the continued dedica-
tion of land under such contracts to agricultural use is neither neces-
sary nor desirable for the purposes of this Chapter.

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11 12M[123231. Request by landowner. A contract may not
be cancelled except pursuant to a request by the landowner, and an
provided by this Article.

# 120241125241. Conditions of approval. Thelandownermay
petition the department for cancellation ofany contract as to all or any
part of the subject land. The department may approve the cancellation
are contract only ifit findw
(a) That the cancellation is not inconsistent with the purposes of
this Chapter, and
(b) That cancellation is in the public interest
The existence of an opportunity for another use ofthe land involved
Mall not be suillcient mason for the cancellation of a contract. A
potential alternative use ofthe land may be considered only ifthere is
no proximate, noncontracted land suitable for the use to which it is
proposed the contracted land be put.
The uneconomic character of an existing agricultural use "I
likewise not be sufficient reason for cancellation of the contract. The
uneconomic character of the existing use may be considered only if
there is no other reasonable or comparable agricultural use to which
the land may bu put.
11 126251125251. Assessment of land: determination of cancella.
tion fee: payment oftleforred taxes: waiver of payment. distribution of
deferred taxes.
. I&) Prior to any action of the department giving tentative approval
to the cancellation ofany contract, the assessor shall determine We full
cash value ofthe land in actordunoce with 1 19:112,19312.1 and 19312.2
of the Government Code as though it were free of the contractual
restriction imposed pursuant to � 19312.4 of the Government Code.
The assessor shall then determine the amount of deferred taxes and
certify same to the department as the cancellation valuation of the
land for the purpose of determining the cancellation ree.
(b) Prior to giving tentative approval to the cancellation of any
contract the department shall determine and cerLiry to the landowner
the amount afthe cancellation fee which he must pay the government
of Guam, as deferred tax" upon cancellation. That fee shall be an
amountequal to fifty percent (50%) ofthe cancellation valuation ofthe
property-
(c) Irit finds that it is in the public interest to do so the department
may waive any such payment or any portion thereof, or may make such
payment or a portion thereof contingent upon the future use made of
the land and its economic return to the landowner for a period of time
not to exceed the unexpired period of the contract, had it not been
cancelled, provideck
(1) The cancellation is caused by an involuntary transfer or
change in the use which may be made ofthe land and the land is not
immediately suitable. nor will be immediately used, for a purpose
which produces a greater economic return to the owner
(2) The department has determined it is in the best interests of
the program to conserve agricultural land use that such payment be
either deferred or not required.
(d) When deferred taxes required by this section are collected, they
shall be transmitted by the territorial treasurer to the General Fund.

1 120261125261. Recording of certificate of cancella.
tion. Upon tentative approval of the cancellation petition, the De-
partment ofAgriculture shall record in the Department ofLand Man-
agement a certificate which shall set forth the name of the owner or
such land atthe time the contract was cancelled with theamount ofthe
cancellation fee certified by the department as being due pursuant to
this Article. the contingency ofany waiver or deferment ofpayments,
and a legal description ofthe property. From the date of recording of
sucheertifimto the contract shall be finally cancelled and, to the extent
the cancellation fee has not yet been paid, a lion shall be created and
attached againatthe real property described therein and any other real
property owned by the person named therein as the owner. Such lien
shall have the force, effect and priority ofajudgment lien. Nothing in
this section or 9 12625(125251 shall preclude the department froin
requiring payment in full afthe cancelluticia fee prior to the cancella.
tion becoming effective.
Innocase shall the cancellation ofa contract be final until the notice
ofeancellation is actually recorded as provided in this section, Not.
withstanding any other provisions oflaw, any payments required by I
12625(12525)ihall notcreate norimposea lienorchargeon the land as
to which a contract is cancelled except as herein provided.
Upon the payment ofthe cancellation fee or any portion therea-li"the
Department ofAgriculture shall record with the Department of Land
Management a written certificate ofthe release In whole or in part of
the lien.

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12627[12527]. Public hearing. No contract may be cancelled
until after the department has given notice of, and has held, a public
hearing on the matter. Notice of the hearing shall be published in a
newspaper of general circulation for ten (10) days prior to such hear-
ing, and shall be mailed to each and every owner of land under con-
tract, and any portion of which is situated within the same agricultural
preserve and within one (1) mile of the exterior boundary of the land
upon which the contract is proposed to be cancelled.

12628[12528]. Same: protest by other owners within the
preserve. The owner of any property located in the agricultural
preserve may protest such cancellation to the department conducting
the hearing.

ARTICLE V
Eminent Domain or other Acquisition

12629[12529]. Public Improvements within pre-
serve. (a) It is the policy of the territory to avoid, whenever practica-
ble, the location of any territorial public improvements and any im-
provements of public utilities, and the acquisition of land therefor, in
agricultural preserves.
(b) It is further the policy of the territory that whenever it is neces-
sary to locate such improvement within an agricultural preserve, such
improvement shall, whenever practicable, be located upon land other
than land under a contract pursuant to this Chapter.
(c) It is further the policy of the territory that any agency or entity
proposing to locate such an improvement shall, in considering the
relative costs of panels of land and development of improvements,
given consideration to the value to the public of land, and particularly
prime agricultural land within an agricultural preserve.

12030[12530]. Voiding of contract by exercise of eminent
domain. When any action in eminent domain for the condemnation
of the fee title of an entire parcel of land subject to a contract is filed or
when such land is acquired in lieu of eminent domain for a public
improvement by a public agency or whenever there is any such action
or acquisition by the Federal government or power of the Federal
government, such contract shall be deemed null and void as to the land
actually being condemned or acquired as of the date the action is filed
and for the purposes of establishing the value of such land, the contract
shall be deemed never to have existed.
Upon termination of such a proceeding, the contract shall be null
and void for all land actually taken.
When such an action to condemn or acquire less than all of a parcel of
land subject to a contract is commenced, the contract shall be deemed
null and void as to the land actually condemned or acquired and shall
be disregarded In the valuation process only as to the land actually
being taken, unless the remaining land subject to contract will be
adversely affected by the condemnation, in which case the value of that
damage shall be computed without regard to the contract.
When such an action to condemn or acquire an interest which is less
than the fee title of an entire parcel or any portion thereof, of land
subject to a contract is commenced, the contract shall be deemed null
and void as to such interest and for the purpose of establishing the
value of such interest only shall be deemed never to have existed,
unless the remaining interests in any of the land subject to the contract
will be adversely affected, in which case the value of that damage shall
be computed without regard to the contract.
The land actually taken shall be removed from the contract. Under
no circumstances shall land be removed that is not actually taken,
except that when only a portion of the land or less than a fee interest in
the land is taken or acquired, the contract may be cancelled with
respect to the remaining portion or interest upon petition of either
party and pursuant to the provisions of Article IV.
For the purposes of this section, a finding by the department that no
authorized use may be made of the land if the contract is continued on
the remaining portion or interest in the land may satisfy the require-
ments of Subdivisions (a) and (b) of � 12622(12522). Added by P.L.
12-225, effective February 4, 1975; Sections renumbered from �
12500 - 12530 to 12600 - 12630 and Chapter VI changed to Chapter
VII by the Editor.]

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TITLE XXVII

Parks and Recreation

CHAPTER I

Parks and Recreation

26000. Definitions
26001. Department: Purpose
26002. Same: Divisions
26003. Director: Duties
26004. Commission: Purposes
26005. Same: Composition: Compensation: Meetings
26006. Same: Duties
26007. Guam Territorial Park System
26008. Same: Description
26009. Same: Classification
26010. Community Parks and Recreation Facilities: Control
26011. Parks Division: Duties
26021. Parks Fund: Establishment:Management
26013. Same: Revenues from Concessions and Uses
26014. Same:Donations: Proviso
26015. Voluntary Improvements
26016. Damage to Property .
26017. Recreation Division: Powers and Duties
26018. Community Recreation Programs
26019. Compliance with Federal Programs

26000. Definitions. As used in this Chapter, unless otherwise
indicated by the context:
(a) 'Department' means the Department of Parks and Recreation.
(b) 'Director' means the Director of the Department of Parks and
Recreation.
(c) 'Commission' means the Parks and Recreation Commission.

26001. Departmen: Purpose. The Department shall be re-
sponsible for the accomplishment of the provisions of this Chapter and
Chapter XIII, Title XIV of this Code.

26002. Same: Divisions. The Department is divided into two
d1visions, to be known as the Parks Division and the Recreation Divi-
sion.

26003. Director: Duties. The Director shall have the following
duties:
(a) To establish rules and regulations to accomplish the purpose of the
Department;
(b) To administer the Department through such organizational units
which he may establish;
(c) To attend, ex-officio, all meetings of the Commission;
(d) To prescribe the duties of assistants, deputies, agents and other
persons employed by the Department;
(e) To determine which properties constitute the Guam Territorial
Park System and to classify such properties, pursuant to 26007 and
26009;
(f) To manage the Parks Fund pursuant to 26012;and
(g) To be State Liaison Officer for the Bureau of Outdoor Recreation,
State Liaison Officer for Historic Preservation and State Liaison Officer
for Forestry and Conservation Programs.

26004. Commission: Purposes. The Commission is hereby es-
tablished for the purpose of appointing, removing, and advising the
Director.

26005. Same: Composition: Compensation: Meetings. The
Commission shall consist of seven (7) members, two (2) of whom shall be
youth members in their first term on the Board who are between the
ages of eighteen (18) and twenty-two (22), when appointed, who shall be
appointed by the Governor with the consent of the Legislature. The
Governor shall appoint commission members within 30 days of the
effective date of this section. Members shall serve for four (4) years,
provided that of the members first appointed, three (3), including one (1)
youth member, shall serve for two (2) years. Commission members shall
serve without pay but shall be reimbursed for reasonable and necessary
expenses incurred in the performance of their duties. Commission meet-
ings shall be public.

26006.Same: Duties. The Commission shall have the following
duties:
(a) To appoint, within 15 days of the effective date of this section or
within 15 days of the creation of a vacancy in such office, the Director,
who shall serve at its pleasure, the affirmative vote of not less than four
(4) members being necessary to appoint or remove him;

1-49

(b) To advise the Director on such matters relative to the Department
as he shall bring before it, at meetings called by him;
(c) To meet at the request of any of its members to discuss such
matters relative to the Department as it deems appropriate and to make
recommendations to the Director thereon; and
(d) To make a report to the Governor and the Legislature not later
than July 1 of each year delineating the activities of the Department
during the preceding fiscal year, and outlining the plans of the Depart-
ment for the coming fiscal year.

26007. Guam Territorial Park System. There is hereby
created the Guam Territorial Park System. The Director of Parks and
Recreation shall inventory all properties belonging to the government of
Guam and determine which properties shall be included therein. A
detailed list shall be forwarded to the Speaker of the Legislature and the
Legislature shall approve or disapprove those properties to be included
within the Territorial Park System, within thirty (30) legislative days
following receipt of such a list and failure to so act shall be deemed
eminent by the Legislature.

26008. Same: Description. The Territorial Surveyor shall pro-
vide the Director with maps of record for all property within the Guam
Territorial Park System not later than eighteen (18) months after re-
quest by the Director. The Department of Land Management shall simi-
larly provide recorded document numbers for all such property.

26009. Same: Classification. The Director shall classify, and
may subsequently reclassify, each area of the Guam Territorial Park
System according to (a) through (e) below, unless an area is listed in the
Guam Register of Historic Places pursuant to 13985.19(a) of this Code,
in which case such ares shall be classified according to(a) below:
(a) 'Natural Preserves', which are to remain unimproved;
(b) 'Conservation Reserves', which may be improved for the purpose of
making them accessible to the public in a manner consistent with the
preservation of their natural features;
(c) 'Territorial Parks'or 'Community Parks',which may be improved
for the purpose of providing public recreational facilities in a manner
consistent with the preservation of their natural features;
(d) 'Territorial Recreation Facilities' or 'Community Recreation
facilities', which may be improved for the purpose of providing public
recreation facilities; and
(e) 'Historical and Pro-Historic Objects and Sites', which shall be
administered according to Chapter XIII, Title XIV of this Code.

26010. Community Parks and Recreation Facilities: Con-
trol. The control, management, development and maintenance of areas
classified as 'Community Parks' and 'Community Recreation Facilities'
shall be vested in the Commissioner of the municipality or village in
which such area is located.

26011. Parks Division: Duties. The Parks Division shall have
the following duties:
(a) To control, manage, develop and maintain all areas of the Guam
Territorial Park System except as provided in 26010; and
(b) To keep a listing of all areas of the Guam Territorial Park System
according to classification, with current, accurate descriptions thereof as
determined by the Director in accordance with 26007.

26012. Parks Fund: Establishment: Management. There is
hereby established separate and apart from any other government fund
a Parks Fund. Monies therein shall be only as appropriated by the
Legislature for the development or improvement of the Guam Territorial
Park System. The Fund shall be managed by the Director, who may
invest any of the monies there in such bank deposits, bonds or securities
authorized by Chapter III, Title V of this Code, provided, that such
monies shall be invested so as to be available for use within thirty (30)
days of the effective date of any legislative appropriation made thereof.
The Department certifying officer shall be the certifying officer for the
Fund.

26013. Same: Revenues from Concessions and Uses. The
Director may grant permits to individuals or groups to establish conces-
sions on or otherwise use any part of the Guam Territorial Park System,
the fees for which shall be deposited in the Parks Fund; provided, that
any person or group granted such a permit must give bond in such
amount as, in the opinion of the Director, is necessary to insure that any
damage to the System caused by such person or group, including litter-
ing, can be rectified.

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26014. Same: Donations: Proviso. Money or the proceeds of
any property donated, granted or bequeathed generally for the benefit of
the Guam Territorial Park System shall be deposited in the Parks Fund;
provided, however, that money or property donated, granted or be-
queathed for specific purposes, concerning the System or any part thereof
shall be held in trust by the Director, and may be used for such purposes
only upon authorization by the Legislature.

26015. Voluntary Improvements. The Director may grant
permits to any individuals or group to improve, without expense to the
government, any part-of the Guam Territorial Park System.

26016. Damage to Property. Any person who injures or dam-
ages any property within the Guam Territorial Park System, or who
removes, destroys, or defaces any tree, shrub, plant, or other attraction of
any nature on or in such property is guilty ofa misdemeanor, punishable
by a fine not to exceed Five Hundred Dollars ($500.00) per violation.

26017. Recreation Division: Powers and Duties. The Recrea-
tion Division shall be responsible for:
(a) Initiating, promoting and supervising recreational programs on
areas within the Guam Territorial Park System, except as provided In
26018, and, with the consent of the Department of Education, initiat-
ing, promoting and supervising recreational programs on properties
under the control of the Department of Education:
(b) Providing equipment necessary to accomplish (a) above;
(c) Formulating a comprehensive recreation policy and a long range
plan relative to the development of new recreation facilities and pro-
grams within territory; such policy and plan to be developed in
cooperation with other federal and territorial agencies, intercated or-
ganizations and citizens, and to be submitted to the Legislature within
one(1)year of the effective date of this section; and
(d) Performing such other duties and functions pertaining to the
promotion of public recreation as may from time to time be proscribed by
the Director.

26018. Community Recreation Programs. The initiation,
promotion, and supervision of recreation programs in Community Parks
and Recreation Facilities, and the supplying of equipment therefor, is
the responsibility of the Commissioners of the municipality or village in
which such Park or Recreation Facility is located.

26019. Compliance with Federal Programs. The Depart-
ment may serve as the agency for compliance with the terms of any
Federal program, as determined by the Governor, which concerns the
implementation or development of plans for the conservation or utiliza-
tion of water and related land resources. [Chapter I of Title XXVII added
in 1952; Repealed and reenacted by P.L 12-209, effective January 23,
1975.]

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RECEIVED
Public Law 14-12
OCT 17 1877 Fourteenth Guam Legislature
BUREAU OF (Bill 28)

PLANNING AN ACT

An act to amend Section 26007 and to add a new Section 26009.1 all
of Chapter V of Title XXVII (Public Law 12-209) of the Government
Code relative to the listing of Parks and Recreation areas of the Guam
Territorial Park System.

Be it enacted by the People of the Territory of Guam:

Section 1. Section 26007 (Public Law 12-209) of the Government
Code is hereby amended to read as follows:
Section 26007. Guam Territorial Park System. There is
hereby created the Guam Territorial Park System. The Director of
Parks and Recreation shall inventory all properties belonging to the
government of Guam and determine which properties shall be included
therein. A detailed list shall be forwarded to the Speaker of the
Legislature and the Legislature shall, after public hearing and report by
the appropriate standing committee, approve or disapprove those
properties to be included within the Territorial Park System, as
designated under Section 26009.1, within thirty (30) legislative days
following receipt of such a list and failure to so act shall be deemed
consent by the Legislature. The list shall be added to or deleted as
deemed necessary."
Section 2. A new Section 26009.1 is hereby added to the
Government Code to read as follows:
"Section 26009.1. Reserved properties. Pursuant to Sections
26007 and 26009 of this Chapter, the below described properties are
reserved for public parks according to their respective classifications in
numerical order:
(a) Natural Preserves:
(b) Conservation Reserves:
(c) Territorial Parks or Community Parks:
(d) Territorial Recreation Facilities or Community
Recreation Facilities:
(e) Historical and Pre-Historic Objects and Sites:"
Section 3.This is an urgency measure.

Approved April 5, 1977

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CHAPTER XIII
Historical Objects and Sites
Part I

13985. Purpose
13985.1. Definitions
13985.2. Historic preservation and restoration
13985.3. Administration
13985.4. Acquisitions and gifts
13985.5. Condemnation
13985.6. Interest acquired
13985.7. Operation of parties
13985.8. Conveyance of properties
13985.9. Contracts
13985.10. Entry upon private land
13985.11. Excavation and removal of prehistoric and historic remains
or objects on private lands
13985.12. Court actions
13985.13. Guam Museum as a depository for certain specimens and objects
13985.14. Designation of historic sites

13985. Purpose. Whereas the Legislature has determined that
the historic, archaeological, architectural, and cultural heritage of
Guam is among her most Important environmental assets and further-
more that the rapid social and economic development of contemporary
society threatens to destroy the remaining vestiges of this Spanish-
Chamorro heritage, it is declared to be the public policy and in the public
interest of this territory to engage in a comprehensive program of his-
toric preservation, undertaken at all levels of the government of this
territory, and to promote the use and conservation of such property for
education, inspiration, pleasure, and enrichment of the residents of this
territory.

13985.1 Definitions. When used in this Chapter 'department'
means the 'Department of Parks and Recreation'.
(1) 'Historic preservation' means the research, protection, restora-
tion, and rehabilitation of sites, buildings, structures, and objects sig-
nificant in the history, architecture, archaeology, or culture of Guam.
(2) 'Historic property' means any building, structure, object, area,
or site that is significant in the history, architecture, archaeology, or
culture of Guam or the nation. (Amended by P.L. 12-209, effective
January 23, 1975.]

13985.2 Historic preservation and restoration. The depart-
ment in cooperation with the Central Planning Council shall establish a
comprehensive program for historic preservation, restoration, and pre-
sentation which shall include but not be limited to the following:
(1) Plans to acquire, restore, and preserve historic areas, buildings,
and sites significant to Guam's past.
(2) Establish and maintain the Guam Register of Historic Places;
(3) Establish regulations on the uses of such areas;
(4) Develop a territory wide survey of historic areas, buildings, and
sites with a phased preservation and restoration development plan and
accompanying budget and land use recommendations;
(5) Provide for matching grants-in-aid to private agencies for projects
which will fulfill the purposes of this Chapter;
(6) Seek assistance for the territorial historic preservation and resto-
ration program by applying for technical assistance and funds from the
Federal government and private agencies and foundations for the pur-
poses of this Chapter;
(7) Employ sufficient professional and technical staff for the purposes
of this Chapter;
(8) Advise and cooperate with other public and private agencies en-
gaged in similar work;
(9) Submit an annual report and budget to the Governor and the
Legislature by February 1 of each year, with recommendations for pro-
grams of historic preservation and restoration.
13985.3. Administration. All territorial projects and programs
relating to historic preservation and restoration shall come under the
authority of the Department.

13985.4. Acquisitions and gifts. For the purpose of protecting
or preserving any historic property, the Department may acquire, pre-
serve, restore, hold, maintain, operate, or dispose of such properties,
together with such adjacent or associated lands as may be necessary for
their protection, preservation, maintenance, or operation. Such property
may be real or personal in nature, and in the case of real property, the
acquisition may include the fee or any lesser interest therein. Property
may be acquired by gift, grant, bequest, devise, lease, purchase, condem-
nation, or otherwise. Property may be acquired by the Department,
using such funds as may be appropriated for such purpose.
The Department may receive gifts and grants from public and private
sources to be used for the purposes of this Chapter.

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13985.5. Condemnation. In the event that a property which
has been found by the Department to be important for public ownership
or assistance is in danger of being sold, used, or neglected to such an
extent that its historical or cultural importance will be destroyed or
seriously impaired, or that the property is otherwise in danger of de-
struction or serious impairment, the Department in cooperation with the
Department of Land Management may acquire the historical property or
any interest therein by condemnation under the laws of this territory.
All condemnation proceedings shall be instituted and prosecuted in the
name of the territory.
� 13985.5 Interest acquired. In the case of real property, the
interest acquired shall be limited to that estate, agency, interest or term
deemed by the Department to be reasonably necessary for the continued
protection or preservation of the property. The Department may acquire
the fee simple title, but where it finds that a lesser interest, including
any development right, negative or affirmative casement in gross, or
appurtenant convenant, lease, or other contractual right of or to any real
property to be the most practical and economical method of protecting
and preserving historical property, the lesser interest may be acquired.

13985.7. Operation of properties. Any historic property ac-
quired, whether in fee or otherwise, may be used, maintained, improved,
restored, or operated by the Department for any public purpose within its
powers and not inconsistent with the purpose of the continued preserva-
tion of the property. Such historic property shall not be subject to con-
demnation unless such method of acquisition is first approved by the
Governor.

13985.8 Conveyance of properties. In appropriate cases, the
Department of Land Management with the concurrence of the Depart-
ment may acquire or dispose of the fee or lesser interest to any historic
property, including adjacent and associated lands, for the specific pur-
pose of conveying or leasing the property back to its original owner or to
any such other person, firm, association, corporation, or other organiza-
tion under such convenants, deed restrictions, lease, or other contractual
arrangements as will limit the future use of the property in such a way as
to insure its preservation. In all cases where property is conveyed, it
shall be subjected by convenant or otherwise to such rights of access,
public visitation, and other conditions or restrictions of operation,
maintenance, restoration, and repair as the Department may prescribe,
or to such conditions as may be agreed upon between the Department
and the grantee or lessee to accomplish the purposes of this section.

13895.9. Contracts. The Department may enter into and carry
out contracts with the Federal government or any agency thereof under
which the Federal government or agency grants financial or other assis-
tance to the Department to further the purposes of this Chapter. The
Department may agree to and comply with any reasonable conditions
not inconsistent with territorial law which are imposed on such grants.
Such grant funds or other assistance may be accepted from the Federal
government or agency and expended whether or not pursuant to a con-
tract. The Department may further enter into and carry out contracts
with any private party to further the purpose of this Chapter.

� 13985.10. Entry upon private land. The Department is au-
thorized to enter, solely in performance of its official duties and only at
reasonable times, upon private lands for examination or survey thereof;
provided that no member, employee or agent of the Department may
enter any private building or structure without the express consent of
the owner or occupant thereof.

139895.11. Excavation and removal of prehistoric and his-
toric remains or objects on private lands.
(a) Before any prehistoric remains or objects are excavated or re-
moved from private lands by the Department, the Department or its
designated representatives may, for the purpose of examining the re-
mains or objects, enter upon the land and make investigations. The entry
shall not constitute a cause of action in favor of the owner of the land,
except for damages resulting from willful acts or negligence on the part
of the Department or its designated representatives.
(b) Removal of any prehistoric or historic remains or objects from
private lands shall be made in the presence of the owner as witness.
Whenever any prehistoric or historic remains or objects are excavated or
removed from private lands the Department or its designated rep-
resentatives, the owner of such lands shall be compensated for the loss of
such remains or objects at a sum mutually agreed upon by the Depart-
ment and the owner, or if no agreement is reached, the amount of
compensation shall be determined by trial in the Superior Court and
measured by the fair market value of such remains, assessed as of the
date of its removal by the Department or its designated representatives,
and established by the testimony of experts qualified in the appraisal of
such remains or objects.

1-54

13985.12. Court actions. Where any violation of this Chapter
occurs, or is likely to occur, which will result in unauthorized or improper
demolition, alteration, or transfer of historic property, the Attorney
General, any agency of the territory, any person, partnership, corpora-
tion, association, organization, or other legal entity may maintain an
action in the Superior Court for declaratory and equitable relief against
the territory, any person, partnership, corporation, association, organi-
zation, or other legal entity for the protection of a historic property and
the public trust therein. Any party who prevails in an action brought
under the provisions ofthis section shall be awarded his costs, including
reasonable attorney fees.

13985.13. Guam Museum as a depository for certain speci-
mens and objects. Any specimen and object of natural history and of
botanical, ethnological, or archaeological value or interest, and any
book, treatise, or pamphlet relating to natural history, botany, ethnol-
ogy, or archaeology now in the possession of the University of Guam, or
any territorial department, bureau, or board, or which may hereafter
come into the possession of the university or the department, bureau, or
board, if and when the same is no longer needed for scientific investiga-
tion, for study, or for any other purpose by the university or the depart-
ment, bureau, or board may, at the request of the museum be transferred
and delivered by and with the consent of such department, bureau, or
board having possession of to the museum or exchanged with the
museum, and whereupon, in any such case, the title thereto shall become
vested in the museum, provided, that the specimens and objects so
transferred to the museum are made available at all reasonable times by
the museum for study and examination by the officials of the university
or such department,bureau, or board.

13985.14. Designation of historic sites. The Department shall
designate particular places as places ofhistoric interest, and take such
action, including the erection of signs or markers, as may be appropriate
for public recognition and appreciation of such sites.

PART II
Conservation of Archaeological Resources

13985.15. Declaration of legislative intent
13985.16. Definition
13985.17. Archaeological resources on government land
13985.18. Archaeological investigation, recording, and salvage; appropria-
tions
13985.19. Prehistoric and historic sites and remains
13985.20. Permits to examine ruins, excavate, and gather objects on public
lands
13985.21. Monuments: reservation of land; relinquishment of private claims
13985.22. Excavation and removal of prehistoric and historic remains on
private lands
13985.23. Cooperation of other governmental units
13985.24. Field investigations on private lands
13985.25. Penalties
13985.26. Prehistoric or historic objects; public property
13985.27. Reproductions of prehistorical or historical objects; representation
as originals; penalties
13985.28. Removal and trespass
13985.15. Declaration of legislative intent. The Legislature
declares that the public has an interest in the preservation and protec-
tion of the territory's archaeological resources; that the public has a right
to the knowledge to be derived and gained from a scientific study of these
resources and that therefore it is the purpose of this part to provide that
activities for the preservation, excavation, study, and exhibition of the
territory's archaeological resources be undertaken in a coordinated and
organized manner for the general welfare of the public as a whole.
13985.16. Definitions. As used in this part:
(1) 'Field Investigation' means the study of the traces of human
culture at any land or water site by means of surveying, digging, sam-
pling, excavating, or removing surface or subsurface objects, or going on
a site with that intent.
(2) 'Site' means any aboriginal mound, homesite, earthwork, village
location, burial ground, historic or prehistoric ruin, quarry, cave, or
other location which is or may be the source of important archaeological
data.
(3) 'Specimens' mean all relics, artifacts, remains, objects, or any
other evidence of a historical, prehistorical, archaeological, or an-
thropological nature, which may be found on or below the surface of the
earth, and which have scientific or historic value as objects ofantiquity,
as aboriginal relics or as archaeological samples.

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I 139SLI7. Archaeological resources an government land.
The tarritory reserves to itselfthe exclusive right and privilege of field
investigation on sites owned or controlled by the territory, its agencies.
departments, or institutions in order to protect and preserve arehaeolog-
ical and scientific information and objects. All now information and
objects deriving from governm nt lands WWI remain the property ofthe
territory and be utilized for scientific or public educational purposes.

1 13085.111. Archaeological Investigation. recording, and sal.
vogel appropriations. Whenever any public construction or im-
provement of any nature whatsoever is undertaken by any government
agency an lands which an controlled or owned by the territory and which
are sites of historic or prehistoric interest and value, or locations of
prehistoricorhi toric remains, one percent ofthe appropriation for such
public construction or improvement, or so much thereofas may be nece*
sary. shall be expanded by the department for the archaeological inves-
tigation, recording. and salvage of such sites or remains when it is
deemed necessary by the department.

1 1398&19. Prehistoric and historic sites and remains.
(a) The Department &hall locate, identify, and preserve in the Guam
Register of Historic Places information regarding prehistoric and his-
toric sites, locations, and remains. The Department of Land Manage-
ment shall clearly designate on its records and cadastral maps of the
territory, the location ofall prehistoric and historic sites, or locations and
remains.
(b) Before any public construction or improvement of any nature
whatsoever is undertaken by the territory, or any governmental agency
or officer, the hand ofauch agency or such officer shall first examine the
Department's records and cadastral map of the area to be affected by
such public construction or improvement to determine whether any sit's
listed upon the Guam Register of Historic Places is present. If so desig-
cated, the proposed public construction or improvement shall not be
commenced, or, in the event it has already begun, continued, until the
head otsuch agency or such other officer shall have advised the Depart-
ment ofthe proposed public construction or improvement and shall have
secured the concurrence of the Department or, as hereafter provided.
shall have socurLd the written approval of the Governor.
If the concurrence of the Department is not obtained within ninety
days after the filing of a request therefor with the Department or after
the filing ofs, notice ofobjections by the Department with the agency or
officer seeking to proceed with any project, such agency. or officer may
pply.to the Governor for permission to Proceed notwithstanding-the
noneencurream oirthe Department and the Governor rney take such
action as he deem* bed in overruling or sustaining the Department.
(c) Before any construction. alteration, or improvement orany nature
whatsoever is undertakenor commenced (at a designated private prehis-
toric or historic site listed on the Guam Register of Historic Places by any
person,'he shall give to the Department three (3) months notice of
intention to construct, alter, or improve the site.
After the expiration of the three-month notification period. the De-
partment shall either commence condemnation proceedings for the pur-
chase of the site or remains, permit the owner to proceed with his
construction, alteration, or improvement, or undertake or permit the
recording and salvaging ofany historical information deemed necessary
to preserve Spanish-Chamorra history, by any qualified agency for this
purpose.
Any person who violates the provisions of the first paragraph of this
subsection shall be fined not mom than One Thousand Dollars ($ 1,000)
or imprisoned not more thin ninety (90) days or both.
(d ) Inclusion ofany historic site structure. building or object on the
Guam Register of Historic Places shall be by the majority affirmative
vote of the Guam Review Board for Historic Preservation.

1 13985.20. Perralts to examine ruins, excavate, and gather ob.
Jectsonpublic lands. Permits for the examination of ruins, excava-
tion ofarchaeological sites, and the gathering ofobjects ofantiquity upon
lands owned or controlled by the territory may be granted by the De-
partment to persons or institutions which they deem properly qualified
to conduct such examination, excavation, or gathering. subject to such
rules and regulations as the Department may prescribe; provided, that
the examinations, excavations, and gatherings are undertaken for the
benefit of public museums. universities, colleges, or other recognized
public scientific or educational institutions, with a view to increasing the
knowledge of such objects and that the gatherings may be made for
permanent preservation in public museums ifso deemed by the Depart-
ment.

1 13985.21. Monuments: reservation of land; relinquishing of
private claims. Upon the recommendation of the Department, the
Governor may declare by executive order historic landmarks. historic
and prehistoric structures, and other objects of historic or scientific
interest that are situated upon the lands owned or controlled by the
territory to be territorial monuments and may reserve us a part thereof

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parcels of land the limits of which in all cams shall be confined to the
smalles area compatible with the proper care and management of the
objects to be protected. When such objects are situnted upon a tract
covered by a bone fide unperfected claim or held in private ownership,
the tract, or so much thereof as maybe necessary for the proper care and
management of the object, maybe relinquished to the territory, and the
Governor is authorized to accept the relinquishment of such tracts an
behalf of the territory.

I 13985.22 Excavation and removal of prehistoric and his-
toric remains on private lands. Before any prehistoric or historic
remains am excavated or removed from private lands by the Depart-
ment, the department or its designated investigators shall first secure
the written approval of the owner of such lands. Whenever the value of
the private prehistoric or historic site is diminished by the excavation or
removal of prehistoric or historic remains by the Department, the owner
of the site, shall be compensated for the loss, at a monetary sum mutually
agreed upon by the Department and the owner or at a monetary sum set
by the court.

I 13985.23. Cooperation of other governmental units. All
agencies, departments, institutions, and commissions, shall cooperate
fully with the Department in the preservation, protection, excavation,
and evaluation of specimens and sites and to that end:
(1) When any agency finds or is made aware by an appropriate histori-
cal or archaeological authority that its operation in connection with any
territory, territory assisted, territory licensed, or contracted project,
activity. or program adversely affects or may adversely affect scientific.
historical or archaeological data. such agency shall notify the Depart-
ment and shall provide the Department with appropriate information
concerning the project, program, or activity. The provisions of this sec-
tion shall be made known to contractors by the territorial agencies doing
the contracting.
(2) The Department, upon notification or determination that scien-
tific, historical, or archaeological data including relics and specimens, is
or may be adversely affected, shall, after reasonable notice to the respon-
sible agency, conduct or cause to be conduted a survey and other investi-
gations to recover and preserve or otherwise protect such data, including
analysis and publication, which in its opinion should be recovered in the
public interest.
(3) The Department shall initiate actions within sixty (60) days of
notification under Paragraph (1) and within such time as agreed upon in
other cases. The responsible agency is authorized and directed to expend
agency funds for the purpose of recovering such data, including analysis
and publications, and such costs shall be included as part of the contrac-
tor's costs if the adverse affect is caused by work being done under
contract to a territorial agency.
I 13985.24. Field investigations on privately owned lands. It
is the declared intention of the Legislature that field investigations on
privately owned lands should be discouraged except in accordance with
both the provisions and spirit of this Chapter; and persons having
knowledge of the location of archaeological sites are encouraged to com-
municate such information to the Department.

I 13985.25. Penalties. It shall be unlawful for any person to take,
appropriate, excavate, injure, or destroy any prehistoric or historic ruin
or monument or object of antiquity, situated on lands owned or controlled
by the territory without the permission of the Department. Any person
who violates this section shall be fined not more than One Thousand
Dollars ($1,000) or imprisoned not more than ninety (90) days, or both.
Any prehistorical and historical objects and remains which have been
taken without a permit shall be seized, deposited, and preserved in
public museums by the Department.

I 13985.26. Prehistoric or historic objects; public property.
The Department shall, subject to the provisions of this Chapter, deter-
mine the disposition of such prehistoric or historic remains or objects
wheresoever located within the territory which are the property of the
territory. Any person who disturbs remains or objects of prehistoric or
historic significance or removes such remains or objects from its site with
the intent to convert the object to his own use or for the use of others shall
be fined not more than One Thousand Dollars ($1,000) or imprisoned not
more than ninety (90) days, or both.
When a private landowner or lessee in the territory discovers remains
or objects which may be of historic signicance on his property, he shall
report the location of such remains or objects, without disturbing the
remains or objects, to the Department. Such private landowner shall be
compensated, in accordance with � 13985.11 for any prehistoric or his-
toric remains or objects excavated or removed from his lands by the
Department.

1-57

I 13985.27. Reproduction of prehistorical or historical ob-
jects; representation as originals; penalties. It shall be unlawful to
"Produce or forge a prehistorical or historical object with the intent to
represent it as an original. Any person who violates this section shall be
fined not more than One Thousand Dollars ($1,000) or imprisoned not
more than ninety (90) days, or both.

� 13985.28. Removal and trespass. It shall be deemed an act of
trespass for any person, natural or corporate, to remove artifacts and
antiquities of the kind described herein from the private land of any
owner thereof without his permission being first obtained, and any
person so doing shall be guilty of a misdemeanor punishable by a fine not
exceeding Five Hundred Dollars ($500) or by imprisonment for a period
not to exceed six (6) months, or both.

Part III
Protection and Recovery of Underwater
Historic Property and Sites

I 13985.29. Declaration of legislative intent
I 13985.30. Definitions
I 13985.31. Title to underwater historic property
I 13985.32. Custody of underwater historic property
I 13985.33. Salvage research
I 13985.34. Permits
I 13985.35. Penalties

I 13985.29. Declaration of legislative intent. The Legislature
declares that the public has an interest in the protection and salvage of
underwater historic properties situated under the navigable waters and
territorial seas of the territory; that the public has a right to the knowl-
edge to be derived and gained from a scientific study of these materials;
and that therefore it is the purpose of this part to provide that activities
for the protection, recovery, study, and exhibition of underwater historic
properties be undertaken in a coordinated and organized manner for the
general welfare of the public as a whole.
I 13985.30. Definitions. An used in this part, 'underwater his-
toric property' means any shipwreck, vessel, cargo, tackle, or underwa-
tar archaeological specimen. including any found at refuse sites or sub-
merged sites of former habitation, that has remained unclaimed for more
than ten (10) years an the bottoms of any waters.

I 13985.31. Title to underwater historic property. Subject to
any statute ofthe United States and any vested riparian rights, the title
to all bottoms of navigable water within Guam's boundaries and the title
to any underwater historic property living on or under such bottoms is
declared to be in the territory, and such bottoms and underwater historic
properties shall be subject to the exclusive dominion and control of the
territory.
I 13985.32. Custody of underwater historic property. The
custodian of underwater historic properties as defined in I 13985.29 and
I 13985.30 shall be the Department which shall administer the preser-
vation and protection of these properties as hereinafter directed by this
part. The Department is empowered to prescribe such rules and regula-
tions as may be necessary to preserve, protect, and recover any or all
underwater historic properties.
I 13985.33. Salvage research. The Department shall establish a
center responsible for salvage research in areas designated by the De-
partment as endangered by the lease, sale, or use of public or private
lands.

I 13985.34. Permits. Any qualified persons, firm, or corporation
desiring to conduct any type of exploration or recovery operations, in the
course of which any underwater historic property or part thereof, may be
removed, displaced, or destroyed, shall first make application to the
Department for a permit to conduct such operations. If the Department
finds that the granting of such permit is in the best interest of the
territory, it may grant such applicant a permit for such a period of time
and under such conditions as the Department deems to be in the best
interest of the territory. Such permit may provide for the fair compensa-
tion to the permittee in terms of a percentage of the reasonable cash
value of the objects recovered or a fair share of the objects recovered, such
fair compensation or share to be determined by the Department.
Superior title to all objects recovered shall be retained by the territory
unless or until they are released to the permittee by the Department. All
exploration and recovery operations undertaken pursuant to a permit
issued under this section shall be carried out under the general supervi-
sion of the Department and in accordance with the rules and regulations

1-58

prescribed under * 13985.32 and in such manner that the maximum
amount of historic, scientific, archaeological, and educational informa-
tion may be recovered and preserved in addition to the physical recovery
of items. Permits may be renewed upon or prior to expiration upon such
terms as the Department may specify. Holders of permits shall be re-
sponsible for obtaining permission of any federal agencies having juris-
diction prior to cinducting any salvaging operations.

*13985.35. Penalities. Any person violating the provisions of this
part or any rules and regulations duly established thereunder shall be
guilty of a misdemeanor punishable by a fine not exceeding Five
Hundred Dollars ($500) or by imprisonment for a period not to exceed six
(6) months, or both, and, in addition, shall forfeit to the territory any
artifacts or objects collected.

Part IV
Guam Institute of Spanish-Chamorro Culture

* 13985.36. Statement of purpose
* 13985.37. Establishment of Guam Institue of Spanish-Chamoro Culture;
board of trustees
* 13985.38. Powers and duties
* 13985.39. Development of support programs
* 13985.40. Annual report

* 13985.36. Statement of purpose. The purpose of this part is to
create a nonprofit corporation for historic and cultural preservation,
research, restoration, presentation, museum activities, amd support pro-
grams; and in cooperation with and in assistance to the Department and
other teritorial agencies to receive sites, buildings, and objects sig-
nificant in Guam's history and culture, to preserve and administer them
for public benefits; to accept, hold, and administer gifts, securities,
grants, scholarships, endowments, private bequests,or other property of
whatsoever character for a comprehensive historic and cultural preser-
vation and museum's program.

This corportation shall be the depository of all resources which are
made available or offered of desirable land, historical collections, and
donations made by groups and persons as gifts to the territory to help
insure the Spanish-Chamorro heritage.

*13985.37. Establishment of the Guam Institute of Spanish-
Chamorro Culture; board of trustees. There is created an educa-
tional, nonprofit corporation to be known as the Guam Institute of
Spanish-Chamorro Culture which shall be headed by a board of trustees.
The board shall consist of eleven (11) members of which the following
shall serve as ex-officio voting members of the board:
(1) President of the University of Guam,
(2) Director of the Micronesia Area Research Center,
(3) Director of the Central Planning Commission,
(4) Director of Parks and Recreation,
(5) Attorney General.
The remaining members shall be chosen by the members of the Insti-
tute from its membership at any regular meeting of the Institute except
that the initial members of the board shall be appointed by the Governor.
Each member of the board other than ex-officio members shall serve for a
term of five(5)years from the expiration of his predecessor's term, except
that the members first appointed shall serve for terms of from one(1) to
five(5) years as designated by the Governor at the time of appointment.
A vacancy in the board shall be filled for the balance of the unexpired
term as prescribed in the rules and regulations of the Institute. The
chairman of the board shall be elected by majority vote of the members of
the board. No compensation shall be paid to members of the board of
trustees for their services as such members, but they may be reimbursed
for travel and actual and reasonable expenses necessarily incurred by
them in attending board meetings and performing other official duties on
behalf of the Institure at the direction of the board.
Membership shall be open to any resident of Guam upon payment of
such reasonable fees as the board of trustees may prescribe. (Amended by
P.L. 12-209, effective January 23, 1975.)

* 13985.38 Powers and duties. The Guam Institute of
Spanish-Chamorro Culture shall have the following powers and duties:
(1) To have succession until dissolved by act of the Legislature, in
which event title to the properties of the Institute, both real and person-
al, shall, insofar as consistent with existing contractual obligations and
subject to all other legally enforceable claims or demands by or against
the Institute, pass to and become vested in the territory;
(2) To sue or be sued in its corporate name;
(3) To adopt, alter, and use a corporate seal;
(4) To adopt a constitution and to make such bylaws, rules, and regu-
lations, not inconsistent with the laws of the territory, as it deems
necessary for the administration of its functions, bylaws, rules, and
regulations governing visitation to historic properties, museums, and
other facilities under its control, administration of corporate funds, and

1-59

the organization and procedure of the board of trustees;
(5) To select and employ a director to serve on a full-time basis who
shall be a native-born resident who by reason of education or extensive
experience is generally recognized as being professionally qualified in
the field of Spanish-Chamorro culture, who shall receive a salary of
Twenty-Five Thousand Dollars ($25,000) per year. The director shall
execute the powers and duties of the Institute under the direction of the
board of trustees and shall select necessary additional staff subject to
Title V of the Government Code, within available appropriations;
(6) To administer and direct the operations of the Guam Museum. The
Institute director shall serve as the museum director and shall hire
necessary additional staff subject to Title V of the Government Code. The
Institute shall submit in its first annual report recommendations as to
the responsibility and role which the museum should assume with re-
spect to the preservation and furtherance of the historic, archaeological,
architectural, and cultural heritage of Guam and as to organization and
administrative arrangements which should be provided for by law or
otherwise;
(7) To accept, hold, and administer funds and properties from private
or governmental agencies for the purposes for which the Institute is
created and in accordance with such conditions as the transferring
agency or the Legislature may prescribe;
(8) To accept, hold, and administer gifts and bequests of money, se-
curities, or other personal property of whatever character, in trust, for
the purposes for which the Institute is created. Unless otherwise re-
stricted by the terms of the bequest or gift, the Institute is authorized to
sell, exchange, or otherwise dispose of, and to invest or reinvest in such
investments as it may determine from time to time the moneys, se-
curities, or other property given or bequeathed to it. The principal of such
corporate funds, together with the income therefrom and all other reve-
nues received by it from any source whatsoever, shall be placed in such
depositories as the Institute shall determine and shall be subject to
expenditure by the Institute for its corporate purposes:
(9) To acquire by gift, devise, purchase, and to hold in trust real
property for the territory and for the people of Guam unless otherwise
restricted by the terms of the gift or devise, to encumber, convey, or
otherwise dispose of any real property, or any estate or interest therein
with the exception that no designated historic site or monument may be
encumbered, conveyed, or disposed of without legislative approval, as
may be necessary and proper in carrying into effect the purposes of the
Institute;
(10) To conduct research, studies, and investigations in the fields of
history and the humanities, and to make, publish, and distribute the
results thereof;
(11) To coordinate and correlate activities and projects ofthe Institute
with the work of the University of Guam, the Department, and other
territorial agencies to further the purposes of this Chapter;
(12) To stimulate, guide and promote the Spanish-Chamorro culture
which includes the arts, music, festivities, customs, traditions and mores
of the Spanish-Chamorro heritage;
(13) To assist in coordinating the plans, program and activities of
individuals, associations, corporations, and agencies concerned with the
preservation and furtherance of Spanish-Chamorro culture;
(14) To review the work of the Department and to collaborate with it
on its functions under this Chapter, pertaining to historical objects and
sites, and to review such surveys and historic preservation plans as may
be required, and to approve properties for nomination to the National
Register as provided for in the Historic Preservation Act of 1966, Public
Law 89-665.
(15) To establish within the Institute, a review board for the Guam
Register of Historic Places, which meets the requirements of Public Law
89-665, to evaluate and nominate historical properties to the National
Register of Historic Places pursuant to Public Law 89-665, and to order
and enter historical and archaeological sites into the Guam Register of
Historic Places on the basis of their value to Guam's heritage. The review
board shall be appointed by the board of trustees of the Institute and no
more than two (2) members of the board of trustees shall be appointed to
the review board. Trustee-members of the review board may be reim-
bursed at the same rate as other members of the review board for official
duties performed while serving on the review board. Until such time as
the review board is established in accordance with this subsection, the
Guam Review Board for Historic Preservation which was created by
Executive Order 72-37 shall discharge the responsibilities of this subsec-
tion;
(16) To enter into contracts and to execute all instruments necessary
and appropriate to carry out the purposes of the foundation;
(17) To approve all designations of particular places as places of his-
torical interest;
(18) To establish and maintain an inventory, and certification and
evaluation system for portable artifacts significant to Guam's cultural
heritage; and
(19) To maintain a living war memorial commemorating the sac-
rifices of our heroic dead of World War II.

1-60

1 1398&3& Development of support programs. The katitute
shall develop a continuing comprehensive museum and museum at-
tivities support program in furtherance of its responsibility under
1 13985.37 which shall include. but not be limited to:
(1) Providing matching grants-in-aid to governmental or private
agencies for projects which fulfill the purposes ofthis part;
(2) Providing technical assistance and sLaffdovelopmontan4 training
opportunities; and
(3) Assisting in the training of competent museum personnel and in
the development of employment and career opportunities in museum
arid related fields.

1 13985.40. Annualreport. The Institute "I submit an annual
report to the Govermw and the Legislature. The report shall include, but
not be limited to, the total number and amount of gifts received. payroll
disbursements. contracts entered into. program and accomplishments
made during the year, and recommendations for legislative and ad-
ministrative action for the preservation and furtherance ofthe goals and
purpose of this Act.

Part V

Preservation Procedures to Guide Territorial Agencies

1 1398&41. Declaration oflegislative intent
1 13983.42. Responsibilities of territorial agencies

� 13985.41. Declaration of legislative intent. The Ugislature
declares ittobe@the public policyofthis territory to provide leadership in
preserving, restoring, and maintaining the historic, architectural, ar-
chaeological. and cultural environment of this territory and that there-
fare it is the purpose ofthis part to provide that the instrumentalities of
the territory administer the historic properties under their control in a
spirit of stewardship and trusteeship for future generations and conduct
their activities. plans, and programs in a manner comistent with pres.
ervation and enhancement of historic properties and sites.

1 13985.42. Responsibilities of territorial agencies. All agen-
cies, departments. bureaus, and commissions of the territory, shall:
(1) Consult the Guam Institute of Spanish-Chomarro Culture before
demolishing, altering, ortranderring any property under theirjurisdic-
tion that is potentially of historical, architectural, archaeological. or
cultural significance, including, but not limited to, any property listedon
the territorial register.
(2) Initiate measures and procedures to provide for the maintenance.
through preservation, rehabilitation, or restoration, of properties under
their ownership that are listed on the territorial or national register;
such measures and procedures shall comply with applicable standards
prescribed by the Department.
(3) Develop plans for the maintenance, through preservation, re-
habilitation, or restoration, afhistoric properties under their ownership
in a manner compatible with preservation objectives and which do not
result in an unreasonable economic burden to public interest.
(4) Institute procedures to assure that their phins, twogritins, votit's.
and regulations contribute to the prmrvution
structures, and objects of historical, architectural, archaeological, or
cultural significance,
(5) Submit annually procedures required pursuant to Paragraphs (2).
(3), and (4) to the Department and the Institute for review and collinlout.
(6) Determine whether their existence is no longer necessary in view
ofthe Institute's responsibilities and !fee, to report same to the Institute.

1-61

CHAPTER IV
Game and Fish. Forestry and Conservation.

ARTICLE I

Game and Fish

12300. Definitions.
12301. Authority of Department
12302. Chief Conservation Officer deputies.
12303. Taking fish with explosives.
12304. Use of explosives unlawful.
12305. Taking fish by means of poisonous at Intoxicating
substance unlawful.
12306. Use of poison or intoxicating substance unlawful.
12307. Possession of dynamite. explosive. poisonous or intoxicating
substance.
12308. Ming equipment and methods.
12309. Illegally taken fish.
12310. Fish waim
12311. Taking of fish.
12312. Unprotected wild animals.
12313. Unprotected wild birds.
12314. Protection of wild birds.
12315. Protection of wild animals,
12316. License to take certain wild animals,
12317. Special license.
12318. Importation: harboring.
12319. Possession of loaded rifle, shotgun, or other firearm In
vehicles, definitions:exception.
12320. Use of artificial light prohibited.
12321. Regulations.
12322. confiscation.
12323. Penalty.
12324. Wildlife conservation Fund.

12300. Definitions. For the purpose of this Article. cer-
tain terms and words are defined as follows:
(a) "rake" means hunt, pursue, catch, capture, angle, seize,
kill. trap, wound. shoot in any way or by any agency or device;
every attempt to do such acts or to assist any other person in the
doing of or the attempt to do such acts.
(b) "Game" means. all native or introduced species of wild
birds or wild animals.
(c) "Fish" means any aquatic life of whatever nature, includ-
ing, but not limited to, oysters, clams, mollusks, mussels, crus-
taceanas and shell fish.

12301. Authority of Department. The control and regu-
lation offish and game in and about Guam and the administra-
tion of this Article shall be vested in the Department.
12302. Chief Conservation Officer: deputies. The pro-
visions of this Article shall be enforced by the Director who shall
be ex officia the Chief Conservation Officer, and suitable em-
ployees of the Department whom he may appoint as Deputy
Conservation Officers, as well as by peace officers defined in
851, Chapter V, Title II. Part II of the Penal Code of Guam.
The Chief Conservation Officer and the Deputy Conservation
Officers acting hereunder shall have the powers or peace officers
to carry arms and to make arrests for violations.

12303. Taking fish with explosives. It shall be unlawful
to take any fish using dynamite or any other explosive.

12304. Use of explosives unlawful. It shall be unlawful
for any person to throw, drop or explode any dynamite or other
explosive, or cause to be thrown, dropped or exploded any dyna-
mite or other explosive in any waters of the Territory or Guam
whether done for the purpose of taking fish or not, except as may
be authorized pursuant to regulations. [See United States v.
Borja. 191 Fed. Sup.663 (1961))

12305. Taking fish by means of poisonous or intoxicating
substance unlawful. It shall be unlawful for any persons to
take any fish by means of any substance which has a poisonous
or intoxicating effect upon fish.

12306. Use of poison or intoxicating,substance unlaw-
ful. It shall be unlawful for any parson to deposit, throw, drop
or discharge, or cause to be deposited. thrown, dropped or dis-

1-62

charged in any manner in the waters of Guam any substance
which has a poisonous or intoxicating effect upon fish whether
done for the purpose of taking fish or not.

� 12307. Possession of dynamite, explosive, poisonous or
intoxicating substance. It shall be unlawful for arty fisherman,
or person in the habit of fishing, or person who is in the water
or close by the shore where fish can be taken, to possess, in the
absence of satisfactory cause for possession of the same, any
dynamite or other explosive, or any substance which has a poi-
sonous or intoxicating effect upon fish.

12308. Fishing equipment and methods. The use of
nets, flails, hooks and other devices and methods which may re-
sult in the taking of, or damage to, fish in violation of regula-
tions governing fishing shall be unlawful; provided, however,
that such regulations shall not prohibit the traditional method
of catching local fish such as monahag, tiao and stulai, by means
of cast nets (lagua or talaya) or drag nets (chenchulo).

� 12309. Illegally taken fish. It shall be unlawful for any
person knowingly to take, buy, sell, . transport or possess - any
fish, or any part thereof, contrary to the provisions of this Article
or to regulations made under � 12321.

� 12310. Fish weirs. (a) It shall be unlawful for any per-
son to place or maintain a fish weir in the waters of Guam unless
he holds a valid license from the Director. The Director may, in
his discretion. issue such a license imposing such conditions on
the face thereof as are necessary so as riot to unjustly restrict
the fishing of others nor result in the violation of provisions of
this Article and supporting regulations. A fee of one dollar
($2.00) per weir shall be paid to the Department for such a It..
cense which shall be valid for only one (1) year from the date of
issuance. The owner shall remove such weir from the water
within thirty (30) days after the expiration of the license unless
the license is otherwise renewed.
N It shall be unlawful for an owner of a fish weir to leave
such weir in the waters of Guam unattended for a period of fif.
teen (15) days.
(c) It shall be unlawful for any person to violate the conditions
of any license issued under this section.
1 12311. Taking of fish. Fish may be taken by lawful
means at any time except as prohibited by reglulation made
underl 12321.

12312. Unprotected %vild animals. The following wild
animals may be taken in the daytime:
(a) Wild dogs.
N Wild cats.
(c) Reptiles.
(d) Rats. (Amended by P.L 8-43, eflective July 30, 1965.1
� 12313. Unprotected wild birds. The following wild
birds may be taken in the daytime-
(a) Crows.
N Marianas starlings.
(C) Woodpeckers (kingfishers).
(d) Black-headed manikins.
(e) European tree sparrows.
(f) Java sparrows. [Amended by P.L. 7-29, effective May 10,
1963.1

� 12314. Protection of wild birds. It shall be unlawful
for any person to take, buy, sell, transport or possess any wild
bird, or any part thereof, or wild bird eggs, except as authorized
in this Article or as authorized by regulations made under
12321.

12315. Protection of wild animals. it shall be un law-
ful for any person to take, buy, Sell, transport or possess any
wild animal, or any part thereQf, except as authorized in this
article or as authorized by regulations made under � 12321.

1-63

12316. License to take certain wild animals. Any owner
or tenant of land or property that is being damaged or destroyed
or Is in danger of being damaged or destroyed by any protected
wild animal or bird may apply to the Director for a license to
take such wild animal or bird. The Director, upon satisfactory
evidence of such damage or destruction, actual or threatened,
may issue a revocable license for the taking or such wild animal
or bird. It shall be unlawful for any person to violate the condi-
tions of any license issued under the provisions or this section.

12317. Special license. The Director may Issue, free of
charge, to any qualified person, a license to take and transport
AM or game. at any time, for scientific or educational purposes
Such a license shall be valid at the discretion of the Director and
shall show upon its face the period of its validity.

12318 Importation: harboring. (a) It shall be unlawful
for any person to import any game without first obtaining a
license issued by the Director. The Director may, In his discre-
tion, issue such a license imposing such conditions on the face
thereof as are necessary for the control of such game.
(b) It shall be unlawful to harbor or maintain any protected
game in captivity without first obtaining it license issued by the
Director. The Director may, in his discretion, issue such a li-
come imposing such conditions on the face thereof as are neces-
sary for the control of such game.
(c) It shall be unlawful for any person to violate the conditions
of any license issued under the provisions of this section.
12319. Possession of loaded rifle. shotgun or other fire-
arm in vehicle, definition exception. (a) It shall be unlawful
for any person to possess a loaded rifle, shotgun or other firearm
in any vehicle which is standing on, or along, or is being driven
on or along any highway or other way open to the public.
(b) A rifle, shotgun or other firearm shall he deemed to be
loaded, for the purpose of this section, when there is an unex-
pended cartridge or shell in the firing chamber or in the maga-
tine. [Amended by P.L. 8-43, effective July 30, 1965.
12320. Use of artificial light prohibited. It WWI be
unlawful for any person to take any game with a spat light or
any other artificial light of any kind. To be found with any spot
light or any other artificial light of any kind and with any rifle,
shotgun or other firearm. after sunset, in any wooded section or
other place where any game may reasonably be expected, shall
be prima facie evidence of violation of this section.
12321. Regulations. Regulations implementing this
Article shall be formulated, approved and issued in accordance
with the procedure set forth in �12007, which regulations may
include but shall not be limited to the following:
(a) To fix,close, terminate, shorten or divide open season or
make open seasons conditional:
(b) To prescribe the time Of day When taking Is permitted;
(c) To regulate bag or creel limits and possession limits;
(d) To regulate buying, selling or transporting: game,
(e) To regulate the size and tYPe Of device used for taking
and regulate any method of taking,
(f) TO regulate or restrict the places where taking is permitted,,
(g) To provide for the issuance of annual hunting and fishing
licenses under this Article;
(h) To set a fee for any license issued; however. in no event
shall such fee exceed the sum of five dollars ($5.00), and
(i) To otherwise implement -or carry out the purposes of this
Article. (Amended by P.L 7-46, effective july 8, 1963.)

12322. Confiscation. Upon conviction of any offense
under this Article, the court shall also order confiscated any
firearm, trap, or device used in such violation and shall order
the some assigned to the Director of Agriculture for destruction
used under the control of the Department of Agriculture, or pub-
lic sale. The net proceeds of any such sale be paid into the Wild-
life Conservation Fund. (Amended by P.L. 8-43, effective July
30, 1965, and by P.L. 8-282, effective August 23, 1966.

1-64

1 12323. Penalty. Any person violating any provisions of
this Article and supporting regulations shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by
a fine or not more than two hundred fifty dollars ($250.00). or
by imprisonment of not less than fifteen (15) days nor more than
ninety (90) days, or by both such fine and imprisonment. Pro-
vided that a violation of H 12303, 12304.12305and 12306 shall
be punished by a fine of not less than fifty dollars ($50.00), nor
more than five hundred dollars ($500.00) or by imprisonment of
not more than ninety (90) days or by both such fine and impris-
onment. Provided ftirther that if a person violating �� 12303,
22304, or 12307 is also guilty of violating 4 8935 of Chapter XI,
Title IX of the Government Code of Guam, the penalty of said
latter section shall control in lieu of the penalty imposed herein,
thereby making such a violation of said sections a felony as
set out in said � 8935. (Amended by P.L 7-18, efrective May 9,
1963, and by P.L. 7-107, effective February 28, 1964.1

12324. Wildlife Conservation Fund. (a) There is hereby
established a fund to be known as the "Wildlife Conservation
Fund" which shall be maintained separate and apart from any
other funds of the government of Guam and independent records
and necounts shall be maint4tined in connection therewith. All
license fees collected under this Article shall be deposited in
said fund.
(b) The Wildlife Conservation Fund shall be used exclusively
ftw the Purmses of the administration of this Article. Said fund
shall be examined and reported upon by the Director of Admin.
ixtration as required by law. (Added by P.L. 7.46, effectiv* July
8,1963.1
[Origirud 0 12300-12310, as added by P.L 3-103, effective
August 1, 1956, repealed by P.L. "7, effective March 12, 1962.
New H 12300-12323 added by P-L 6-87, effective March 12.
1962, and amended as noted herein.] rTirector of Finance
changed to "Administration" by editor.]

ARTICLE II
Forestry

12325. haproving resources: responsibility.
11232& Unlicensed tree-cutting on public larml prohibits&
1 12327. Seems- penalty.

J 12325. Improving resources: responsibility. The pro-
motion of improved planting, protection, and cutting of forest
trees as a means of developing and conserving the forest re-
sources of Guam shall be a responsibility of the Department.
At the discretion of the Director, tree seeds and seedlings may
be made available by the Department for planting on private
as well as public lands, either on a free distribution basis or at
a price to be determined by the Director. (Added by P.L. 3-103,
effective August 1, 1956.1

1 12326. Unlicensed tree-cutting on public lands pro.
hibited.' The cutting of trees on unassigned public lands with-
out a license is prohibited. All applicants for such license shall
make a written request to the Director designating the kind and
amount of timber to be cut, and the use to be made thereof.
When the Director is of the opinion that such cutting will not
materially injure the forest resources of Guam he shall issue a
license stating the conditior4 of cutting, any required planting
of trees, and provisions for inspection of the operation. (Added
by P.L. 3-103, e&ctive August 1, 1956.

1 12327. Some: penalty, Any violation of the provision of
112326 shall be a misdemeanor punishable by a fine of not more
than five hundred dollars ($500.00), or by imprisonment of not
more 0= six (6) months, or by both such fine and imprison.
mont. [Added by P.L. 3-103, effective August 1, 1956.1

1-65

ARTICLE III
wild Life Conservation

12350. Reservations
12361. Fires unlawful.
12350. Reservations. The Department, in cooperation
with other agencies of the government, shall control and man-
age land and water areas which have been set aside by the
government of Guam as conservation areas. Such control and
management shall have as its objective the preservation of
natural soil and water conditions And native plants and ani-
mals of the general Area. Consistent with this objective, the
Director may establish and enforce rules for the use of conserva-
tion areas for recreational, educational and economic purposes.
[Added by P.L. 3-103, effective August 1, 1956.
12351. Fires: unlawful. It shall be unlawful for any per-
son to start or allow a fire to extend onto government land or
the land of another causing damage or destruction to plant or
Animal life or to any property thereon. Any person violating
this section shall be guilty of a misdemeanor. [Added by P.L.
103, efective August 1, 1956.

ARTICLE IV
Soil and Water Conservation

12375. Conservation program: responsibility.
12376. Same: authorization.
12377. Reservation of government land
12378. Compliance with Federal programs.
12375. Conservation program: responsibility. The
Department of Agriculture shall be responsible for the develop-
ment of a program for the conservation, development and uti-
lization of water and soil resources, and for the control and
prevention of soil erosion.
12376. Same: authorization. In carrying out its respon.
sibilities under this Article, the Department is authorized to
(a) Develop plans for the conservation of soil and water re-
sources and the control and prevention of erosion, and to pub.
lish or otherwise bring such plans to the attention of landowners
And occupiers of land in Guam
(b) Conduct surveys. investigations and research relating to
soil and water conservation and the prevention and central of
erosion, and to publish and disseminate information concerning
such subjects.
(c) Conduct demonstrations relative to the conservation of
soil and water resources and the prevention and control of ero-
sion, and carry out preventive and control measures on govern-
ment land.
(d) Cooperate with other land owners and. occupiers in the
development of erosion control and water resources conserva-
tion program.
(e) Construct, improve and maintain any structure necessary
for carrying out the purposes of this Article.
12311. Reservation of government land. The Depart-
ment shall consult with and advise the Director of Land Man-
agement with respect to the reservation of government land
pursuant to 13301 of the Government Code.
12378. Compliance with Federal programs. With the
Approval of the Governor, the Department of Agriculture shall
serve as the appropriate, agency for compliance with the terms
of any Federal program concerning the development of plans
for conservation, development, and utilization of water and
related land resources, (Article IV added by P.L. 6-84, effective
March 12, 1962.

1-66

ARTICLE V
Live Coral and Fishing Note

#12380. Taking of live coral: unlawfuL
#12381. Harvesting of coral.
#12382. Commercial permits.
#12383. Penalties.
#12384. Enforcement.
#12385. Mesh size of fishing nets:net, minimum size.
#12380. Taking of live coral: unlawful. It shall be unlawful to
remove live coral from that area surrounding the island of Guam
extending from the share of the island outwards to the ten fathom
contour, except in accordance with this Article.
12381. Harvesting of coraL (a) The commercial harvesting of
coral may be conducted by obtaining a license from the Director of
Agriculture and the payment of a fee an established by the Director.
(b)For purposes other than the sale of coral,live coral maybe taken
only by obtaining a license from the Director of Agriculture, such
license being limited in time to a maximum of five (5) days at any given
time and to a specific location from which the coral is to be taken, and
for such license a fee may be charged. The Director may restrict the
amount of coral to be taken under any license and may impose such
other restrictions as may be necessary to insure the conservation of our
coral fields.

#12382. Commercial permits. (a) Permits for the Commer-
cial taking choral may be issued by the Director of Agriculture upon
the following conditions:
1. The permit must state the individual or individuals who will be
taking the coral;
2. The permit must state the time, date and location from which
the coral is to be taken:
3. The Director may limit each permit to a specified amount of
coral to be taken, taking into account the location from which the
coral is to be taken, the amount of living coral remaining and the
likelihood of damage caused to the roof area by the taking of the
coral.
(b) The Director of Agriculture may, by regulation, establish a fee
schedule based upon the amount of value of the coral to be taken
commercially-, establish areas on Guam where no coral may be taken,
limited coral may be taken or unlimited coral may be takeN and
impose any other restrictions necessary for the conservation of our
coral reserves, all subject to the permits as required by this Article.
#12383. Penalties. Any violation of this Article or the regula-
tions and permits issued pursuant to it shall be a misdemeanor
punishable by a fine of not more than Five Hundred Dollars ($500.00)
or by imprisonment of not more than six(6) months or by both such fine
and imprisonment for each offense.

#12384. Enforcement. This Act shall be enforced primarily by
the Director of Agriculture and the Conservation Officers as au-
thorized by #12302 of this Title and secondarily by Pence Officers
defined in �851 of the Penal Code of Guam. Of 12380-12384 added by
P.L. 12-186, effective November 20,1974)

#12385. Moab size of fishing nets- not. minimum size. It shall
be unlawful for any person to use net (other than small scoop nets) with
a structured mesh of less than 1 1/2 inch, provided however that
(a) Persons may use nets of smallor mesh to take only manahas
during all months of the year. Manabac is defined as the post-larval
stop (total length of less than.2 1/2" of the rabbitfish, Family Teuth-
ididae.)
(b) Person may use small mesh cost nets (talaya) for the taking of
fish other than the manahae during all months of the year.
(c) Persons catching live fish for aquarium purposes may obtain
permits from the Director of Agriculture for the we of small mesh nets
to capture aquarium type fish an ly. For purposes of this regulation, the
manahac, tiao (juvenile goatfish), ee (juvenile carangid). and aguas
(juvenile mullet), are not considered aquarium type fishes. Also a
small scoop net is defined as a framed net, usually with a handle
attached and the greatest frame opening not exceeding twelve (12)
inches.
(d) Persons engaging in tuna fishing may apply (or permits from the
Director of Agriculture to capture live bait fish such as menis (Spratel-
loides sp), ginyo (atherinidae), fadya (Engraulidae), and other suitable
bait fish; but will not include the aguas, tiao, ee, and manahac except
as allowed by provisions of (a) and (b).
(e) That the above provisions stipulated in (a), (b),(c) and (d) are not
applicable in any areas designated as conservation areas where the
taking of all seasonal fishes are prohibited.
(f) The native inhabitants shall at all times enjoy their traditional
rights to conduct gadi and lalago fishing.
Any violation of this Act shall be punished as prescribed in
12322 and 12323 of the Government Code of Guam. [Added by P.L.
12-215, effective January 29. 1975.

1-67

Public Law 13-83
Thirteenth Guam Legislature
(Bill 180)

AN ACT
An Act to add a new Section 12323 to Chapter IV Title X111 0? the
Government Code of Guam to proyide for the conservation of
endangered and threatened species of JZ04 wildlife. and plants, and to
authorize in appropriation to canyout the purposes of dds Act

WHEREAS, the Government of Guam, being a territory of the
United States@ and self-regulatory body, adopts and agrees to uphold
the "Endangered Species Act of 1973." U.S. Public Law 93-205 of the
93rd U.S. Congress, December 28, 1973; and agrees to establish its own
teplatory laws to enhance and implement this Act to meet the needs
of Guam and its territory pursuant to this Act' and

WHEREAS, the purposes of this Act are to provide authorization
whereby the ecosystems upon whichendartipred species and threatened
species depend may be conserved. to provide a program for the
conservation of such endangered and/or threatened species: and to take
such steps and agreements as may be appropriate to achieve the
purposes of the 'Endengered Species Act of 1973, U.S. Public Law
93-205. U.S. Congress December 28, 1973; now, therefore

Be it enacted by the People of the Territory of Guam:

Section 1. A new Section 12325 is hereby added to Chapter IV
Title Xill of the Govem ... ei t Code of Guam to read as follows:

"Section 12325. Policy. (a) It is declared to be the policy of
the Government of Guam that all its departments and agencies shall
seek to conserve endangered species and threatened species,'and shalli
utilize their authority in furtherance of the purposes of this Act.

(b) Regulatory power for the purposes of this Act shall be
vested in the Department of Agriculture hereinafter referred to as the
'Department', which is responsible for the management and
consitrwatioa of fish, wildlife and foreary restiurces. within the territory
Of Guam.
(0 It sW be the - responsibility of said 'Departmeng', to
determine by rules and regulations on the basis of the best scientific
and coniniercial data available and with consultation with other
agencies, it' appropriate, whether or not any species is an endangered
species or threatened species because of but not limited to any of the
fiAluwing factors:

(1) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(2) Over-utilization for commercial. sporting. scientific, or
educational purposes;

(3) Diseases or predation;

(4) The inadequacy of existing regulatory mechanisms; or

(5) Other natural or man-made factors affecting its continued
existence.

(d) Further, it shall be the responsibility of the 'Department'
to promulgate rules and regulations in accordance with the
Administrative Adjudication Act to improve and enhance the status of
endangered species or threatened species and to protect them from all
probable deleterious causes, if possible; and, to submit to the Governor
of Guam plans, programs, remedies or recommendations which will
carry out the purposes of this Act, and which would also appropriately
achieve and utilize assistance becoming available through U.S. Public
Laws.

(e) Such sums as am necessary to carry out the provisions of
this Section of the Code are hereby authorized to be appropriated
annually."

Approved October 27, 1975.

1-68

GOVERNMENT CODE

CHAPTER XII-B (XII-A)
Confirmation of Public Rights

#13980. Legislative findings.
#13981. Researching and identifyin public rights.
#13982. Confirming public rights.

#13980. Legislative findings. The Legislature finds that the
traditional pattern of land ownership on Guam was that many areas
of the island were completely open to public access and public's use of
such land was totally unfettered. Examples of such areas are the dry
sand area of Guam's beaches and the steep slopes of Guam's mountains,
both areas having been referred to as Monte Sine Dueno. Additionally,
there are many areas of Guam over which the public, through frequent
and uninterrupted use has acquired rights which need to be confirmed,
settled, and vested by means of asserting these rights in land registra.
tion cases,

#13981. Researching and identifying public rights: duty of
Land Records Divison of the Department. The Land Records Divi-
aim of the Department is hereby directed to conduct an exhaustive
study of the patterns of land ownership and of public land use on Guam
in order to identify thou areas where the public may be able to estab-
lish a legally sufficient claim for ownership or use thereof in a land
registration proceeding instituted by either the government of Guam
on behalf of the public's right thereto or by a private citizen in deroga-
tion of the publies right thereof The Division shall also conduct re-
search and prepare reports with respect to such land as the Attorney
General may request to assist the government's presentation in land
registration cases in which the public's interest in lend is being
asserted.
#13982 Confirming public rights: duty of Attorney Gener-
al. The Director shall report the findings ofthe Land Records Division
to the Attorney General and it shall be the duty ofthe Attorney General
to enter an appearance in or file on behalfofthe public in land registra-
tion proceedings for any unregistered land over which the public has a
claim as revealed by research and study ofthe Department.(13980-
13982 added by P.L 12-61, effective November 27,1973.Note: P.I. 12-61
declared the legislative intent that- 'Notwithstanding any other provi-
sion of law to the contrary. the Land Transfer Board. the Governor of
Guam and the Director of Land Management shall not sell, lease or

exchange government-owned property without the prior approval of the
Legislature.If the Legislature fails to act within twenty (20) Legislative
days following receipt of such proposed sale, lease or exchange,it shall be
deemed to have concurred. This section does not apply to Land Use
Permits issued pursuant to Chapter VII of the Government Code of
Guam") EDITORS NOTE: Chapter XII-A has bean renumbered to
Chapter XII-B to maintain numerical sequence.]

1-69

13251. Gum o atural Resources JJ*ardL The Territorial Plan-
sing C4ramission shall serve e"Ificio as the Guam Natural Resources
Board. It shall be the function of the Board to study a nd evaluate any
plans or proposals for the utilization of government land for natural
resource development or exploitation. [Added by P.L 10-116, effective
March 14, 1970.1

1 13252. Minerals; mining. All proposals for the use, lease or
purchase of government land for the purpose ofcommercial mining or
removing therefrom any minerals, rocks or sand for processing shall be
Presented to the Guam Natural Resources Board. The Board shall
determine if the proposal is consonant with the public interest and in
keeping with proper conservation practices. The Board may recommend
any such use, lease or sale of government land to the Governor in-
cluding any such conditions that may be necessary such as bonds for
compliance with the proposals presented. (Added by P.L 10-116,
effective March 14,1970.1

1 13253. Rules and regulations.. It"lbethedutyoftheGua-
Natural Resources Board to formulate such rules, regulations and
procedu as are necessary to effectuate the aims and intents of this
Act and no government land shall be leased or sold for the purpose of
commercial mining or removing therefrom any minerals,'rocks or sand
for processing until the rules, regulations and procedures herewith
authorized shall have been adopted and promulgated pursuant to the
provisions of the Administrative Adjudication Act: and provided.
further, that such regulations and procedures shall include, among
other provisions, the following- (1) a public hearing on the proposed
lease or sale of government land must be conducted by the Board; (2) a
notice for said hearing shall be published in a newspaper of general
circulation at least ten (10) days before the day set for the hearing-, and
(3) the notice for hearing shall contain a summary description of the
proposed ndhiz4 operations. [Added by P.L 10-116, effective March 14,
1970.)

1-70

RECEIVED

TWELFTH GUAM LEGISLATURE FEB 11 1974
1974 (SECOND) Regular Session ATTORNEY GENERALS OFFICE

CERTIFICATION OF PASSAGE OF AN ACT TO THE GOVERNOR

This is to certify that Bill No-675, "An Act relative
to the establishment of the Guam Energy Office and autho-
rizing an appropriation for such purposes", was on the
2Sth day of January, 1974, duly and regularly passed.

F. T. RAMIREZ
Speaker

ATTESTED:

G.M. BAMBA
Legislative Secretary
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
This act was received by the Governor this 296 day

of January 1974 at 4o'clock P. M.

KEITH L. ANDREWS
Attorney General of Guam

APPROVED:

CARLOS G. CAMACHO
Governor of Guam Public Law
DATED: FEB 7 1974
3:35 P.M. 12 - 100

1-71

TWELFTH GUAM LEGISLATURE
1974 (SECOND) Regular Session

Bill No. 675

Introduced by
Committee on
Resources, Develop-
ment and Agriculture
by request.

AN ACT RELATIVE TO THE ESTABLISHMENT
OF THE GUAM ENERGY OFFICE AND AUTHORI-
ZING AN APPROPRIATION FOR SUCH PURPOSES.

BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF GUAM:
2 Section 1. This Act shall be known at -the "Guam Energy

3 Office Act".

4 Section 2. Statement of policy and purpose. It is hereby

S declared to be the public policy of the territory of Guam

6 that it is essential that there exists a Guam Energy Office

7 to mobilize local resources to work with the Federal Government

8 and the private-sector in order to best al.ocate fuels avail-

9 able to the territory of Guam; and to determine which energy

10 conservation measures and practices.'best slow the rate of

11 the growth of energy consumption, assure adequate supplies of

12 energy and fuels for necessary uses2 reduce energy, waste,

13 preserve natural resources and protect the environment.

i4 Section 3. Guam Energy Office: establishment of. (a) There

2.5 it hereby established within the government of Guam as a

separate and independent office, the Guam Energy Office herein-

1- after referred to as the "Office".

-t@- (b) The office shall have an Administrator and Assistant

19 Administrator who shall be appointed by the Governor by and

20 with the advice and consent of the Legislature and such other

21 officers and employees as may be necessary to carry out its

22 functions under this Act provided,.however, that all the

23 officers and employees of the office shall comprise of

1-72

1 existing personnel of the government of Guam who are temporarily

2 assigned or loaned to the office.

3 Section 4. Same: duties. The functions and responsibilities

4 -of the office are as follows:

5 (1) To implement the "Emergency Petroleum Allocation Act
6 of 1973" and regulations adopted pursuant to,.said Act;

7 (2) To receive, hold, expend, or transfer Federal and

8 local funds, subject to applicable Federal and local rules;

9 (3).To enforce or delegate to the proper agency involved

10 the power to enforce laws enacted by the Federal Government,

11 or the government of Guam relative to petroleum products

12 price stabilization;
13 (4) To review present statutory authority, regulations,

14 procedures and programs in order to determine what changes
is may be required to assure conformity with the policies and
is purposes of this Act and to report its findings, with

17 recommendations for necessary chang2s to the Governor and to

18 the Legislature at the earliest possible date;

19 (5) To study and review energy conservation measures and

20 practices which reduce energy consumption thereby assuring

21 adequate supplies of energy and fuels for necessary uses and

2@_ to disseminate such information to the people of the territory

2'_: of Guam.

24 Section S. Same: rules and regulations. The office

:5 shall adopt reasonable rules and regulat-Jons governing its
40 operations, said rules and regulations to be promulgated in

27 accordance with the requirements set forth in the Administrative

2E Adjudication Law (Section 2400 et seq. of the Government Code

2S of Guam).

30 Section 6. There is hereby authorized to be appropriated
31 from any available funds in the Unappropriated Surplus of the

32 General Fund the sun of One Hundred Thousand Dolla--s CSI03,00C)

1-73

1 for the operation of the Guam Energy Office for the fiscal year
2 ending June 30, 1974 13 - 70
3 Section 7. The Guan Energy Office shall cease to exist

4 when the purposes and objectives of this Act have been

5 accomplished, subject, however, to the further condition that the

6 office and powers-granted it pursuant to this Act shall terminate

7 not later than one (1) year following the effective date of this

8 Act.

9 Section 8. The reporting date for the Ad Hoe Committee

10 which was created by Public Law 11-208 is hereby extended to

11 August IS, 1974.

12 Section 9. The reporting date for the Political Status

13 Commission which was created by Public Law 12-17 is hereby

14. extended to September 30, 1974

1-74

GOVERNMENT OF GUAM
OFFICE OF THE GOVERNOR
AGANA, GUAM

@rq
EXECUTIVE ORDER NO. 78-37 6 tj 'R"A U C

GUAM LIAM-USE POLICIES

WHEREAS, Public Law 12-200 requires as part of the Compre-

hensive Development Plan, a statement of specific policies for
at least each of the following areas: social and human resource
development, natural resource development, and utilization of

environmental protection and quality, historical and cultural

heritage preservation; and

WHEREAS, the Comprehensive Development Plan, as now completed

by the Bureau of Planning embodies such specific policies; and

WHEREAS, prompt implementation of these policies is a.
desirable supplement to the land use districting system as

established under Executive Order 78-23; and
WHEREAS, implementation of such policies at this time will
facilitate federal approval of Guam's Coastal Management Program;

and

WHEREAS, future federal funding of Guam's Coastal Management

Program is contingent upon such approval;

NOW, THEREFORE, 1, RICARDO J. BORDALLO, Governor of Guam,
by virtue of the authorit@ vested in me by the Organic Act of

Guam, as amended, do hereby order the following policies, as

embodied in the Guam Comprehensive Development Plan, to be
implemented by all agencies and instrumentalities of the

Government of Guam within the scope of their authorities.
Signed and promulgated at Agana, Guarn this 15th day of

November 1978.

0 J. BORDALLO
Governor of Guam
COI!@TERSIGNED:

RUDOLPR G. SABLAN
Lieutenant Governor

1-75

A. Governmental Processes Policy

More effective administration of natural resource related laws,

programs, and policies shall be achieved through:
revision of unclear and outdated laws and regulations.

improved coordination among local agencies,

improved coordination between territorial and federal
agencies,

educational and training programs for local government
personnel, and refinement of supporting technical data.
B. Development Policies
l.., Shore Area Developlent
Only those uses'shall be located within the'Seashore Reserve

which: (1) enhance, are compatible with or do not generally

detract from the surrounding coastal area's aesthetic and

environmental quality and beach accessibility; or (2) can

demonstrate dependence on such a location and the lack-of

feasible alternative sites.

2. Urban Development

Uses permitted only within Commercial, Multi-Family,

Industrial,and Resort-Hotel zones; and uses requiring
high levels of support facilities shall be concentrated

within urban districts as outlined on the Land-Use

Districting Map.

3. Rural Development

Rural districts shall be designated in which only low density

residential and agricultural uses will be acceptable.

Minim= lot size for these uses should be one-half acre until

adequate infrastructure, including functional sewering, is

provided.

1-76

4. Major Facility Siting

@In evaluating the consistency of proposed major facilities
with the goals, policies, and standards of the Comprehensive
Development-and Coastal Management Plans, the.Territory
shall recognize the national interest in the siting of such
facilities including those'associated with electric power
production and transmission, petroleum refining and trans-
mission, port and air installations, solid waste disposal,

sewage treatment, and major reservoir sites.

5. Hazardous Areas

Identified hazardous lands including floodplains, erosion-

prone areas, air installation crash and sound zones and

major fault lines shall be developed only to the extend that

such development does not pose unreasonable risks to the

health, safety, or welfare of the people of Guam, and

complies with land-use regulations.

6. Housing

The government shall encourage efficient design of residential

areas, restrict such development in areas highly susceptible

to natural and manmade hazards, and recognize the limitations
of the island's resources to support historical.patterns

of residential development.

7. Transportation

.The Territory shall develop an efficient and safe transpor-

tation system while limiting adverse environmental impacts

on primary aquifers, beaches, estuaries, and other coastal,

resources.

1-77

8. Erosion and Siltation

Development shall be limited in areas of 15% or greater slope
by requiring strict compliance with erosion, sedimentation,

and land-use district guidelines, as well as other related

land-use standards for such areas.

C. Resource Policies,

1. Conservation of Natural Resources - Overall Policy
The value of Guam's natural resources as recreational areas, k

critical marine and wildlife habitats, the major source of

drinking water, and the foundation of the island's economy,

shall be protected through policies and programs affecting

such resources.

2. Air Quality

All activities and uses shall comply with all local air

pollution regulations and all appropriate federal air quality

standards in order to ensure the maintenance of Gilam's

relatively high air quality.

3. Water Quality

Safe drinking water shall be assured and aquatic recreation

sites shall be protected through the regulation of uses and
discharges that pose a pollution threat to Gilam's waters,
particularly in estuarine, reef and aquifer areas.
4. Fragile Areas

Development in the following types of fragile areas shall

be regulated to protect their unique character: historic

and archaeologic sites, wildlife habitats, pristine marine

and terrestrial communities, limestone forests, and mangrove

stands and other wetlands.

1-78

5. Living Marine Resources

All living resources within the territorial waters of Guam,

particularly corals and fish, shall be protected from over-

harvesting and, in the case of marine mammals, from any

taking whatsoever.

6. Visual Qua ity

Preservation and enhancement of, and respect for the island's

scenic resources shall be encouraged through increased

enforpement of and compliance with sign, litter, zoning,
subdivision, building and related land-use laws; visually

objectionable -uses shall be located to the maximum extent

practicable, so as not to degrade significantly views from

scenic overlooks, highways, and trails.

7. Recreational Areas

The Government of Guam shall encourage development of varied

types of recreation facilities located and maintained so as

to be compatible with the surrounding environment and land

uses; adequately serve community centers and urban areas,

and protect beaches and such passive recreational areas as

wildlife and marine conservation areas, scenic overlooks,

parks, and historic sites.

8. Public Access

The public's right of unrestricted access shall be ensured

to all non-federally owned beach areas,and all Territorial

recreation areas, parks, scenic overlooks, designated

conservation areas and other public lands; and agre@ments

shall be encouraged with the owners of private and federal
property for the provision of reasonable access io, and use

of, resources of public nature located on such land.

1-79

1 9. Agricultural Lands

Critical agricultural lands shall be preserved and

maintained for agricultural use.

1-80

GOVEP
JR4ENT OF GUAM
OFFICE OF THE GOVERNOR
AGA.NA, GUAM tr I

EXECUTIVE ORDER NO.
%

LAND-USE DISTRICTS

WHEREAS, Public Law 12-200 mandates-the establishment of

generalized areas of use within an urban, rural, agriculture,

conservation and resort context; and

WHEREAS, Guam's proposed Constitution and Public Law 12-200
both require preparation of a land-use plan which identifies those

areas most suitable for urban. rural. agriculture and conservation

use; and

WHEREAS, the Bureau of Planning, through an extensive research
and public involvement program, has identified such areas on a Land-

Use Districting Map as part of its Land-Use and Community Design

Plans; and

WHEREAS, such plans have been approved by the Governor, trans-
mitted to the Legislature and may, now begin to.be implemented;-and
WHEREAS, incorporation of the land-use districting system into
the Territory's land-use planning and zoning processes is necessary

to insure tha best use of its land and water resources; and

WHEREAS, utilization of land-use designations will ensure
adequate and appropriate land is made available for agriculture,
housing, commerce recreatio n, and protection of natural resources; and

WHEREAS, the use of land-use districts complies with, and
supports, the goals and objectives of the Territory's Coastal

Management Program;
NOW, T HER EFORE, 1, RICARDO J. BORDALLO, Governor of Guam.
by virtue of the authority vested in me by the Organic Act of Guam.,
as ded, do hereby order the attached guidelines and standards
relating to land-use districts to be implemented by the Territorial
Planning Commission and any other such commissions or agencies as

may be noted or affected.

1-81

Signed and promulgated at Agana, Guam this 8th day of

SEPTEMBER 1978.

RICARDO J. BORDALLO
Governor of Guam

COUNTERSIGNED:
RUDOLPH G. SABLAN
LIEUTENANT GOVERNOR

1-82

LAND-USE DISTRICT GUIDELINES

Section I. Definitions.

A. 'Commission' means the Territorial Planning Commission as established

under Title XIV, Chapter III of the Government Code of Guam.

B. 'Development' means on land, in or under water, the placement or erection

of any solid material or structure; discharge or disposal of any dredged

material or of any gaseous, liquid, solid, or thermal waste; grading,

removing, dredging, mining, or extraction of any materials; change in

the density or intensity of the use of land, including, but not limited

to, subdivision of land and any other division of land including lot.splits;

change in the intensity of use of water, ecology related thereto, or of access

thereto; construction or reconstruction, demolition, or alteration of the

size of any structure, including any facility of any private, public, or

municipal utility, and the removal of major vegetation.

C. 'Standard' means any performance standard, rule, regulation, requirement, or

other condition for the regulation of development.

D. 'Persons' means any individual, organization, partnership or corporation, in-

cluding any utility or agency of federal, territorial, or local government.

E. 'Seashore Reserve' means that area of land and water is defined under Title

XLV, Chapter V-A of the Government Code of Guam.

Section II. Land-Use Districts

Pursuant to Public Law 12-200, there shall be four land-use districts into which

all lands in the Territory shall be placed: urban, rural, agricultural, and

conservation. The Commission shall suitably group contiguous land areas for

inclusion in one of these four major districts:

a) . Urban districts shall include those areas characterized by and designated

oFor higher concentrations of people, structures and streets, proximity to

basic services such as sewers, water, sanitation, police and fire protection

power and other -major facilities and areas of high intensity use.

b) Rural districts shall include those areas composed of small farms mixed

with low-density residential lots where urban-like concentrations of people,

structures, streets and levels of services are absent. Rural districts may

include those areas determined to be capable of adequately supporting services

and population densities characteristic of urban districts in the future, but

which are currently rural in character.

c) Agricultural districts shall include those areas characterized by the

cultivation of crops, orchards, forage and forestry; farming activities or

1-83

uses related to animal husbandry; services and uses clearly accessory to

the above activities including, but not limited to, living quarters or

dwellings, storage facilities, processing facilities and roadside stands

for the sale of products grown on the premises; and open recreation facilities.

d) Conservation districts shall include those areas necessary for protection of

watersheds and water sources, prevention of floods and soil erosion and

preservation of archaeological, historic, scenic, and other natural and

cultural resources; parklands, wetlands, beach and wilderness areas; areas

necessary for conservation of endemic plants and animals; open-space areas

which, because of their present use, natural condition or openness enhance

the present or potential value of abutting or surrounding communities; areas

of value for existing or future recreational purposes agricultural preserves

as defined under Section 12603 of the Government Code; and other permissible

uses and related activities found not to be detrimental to conservation policies

and objectives.

e) The Commission may include within the four respective land-use districts, areas

of land which, though not characteristic of the district in which they are to

be included, are of such a geographic or topographic nature as to be more

suitable for inclusion within such district than classified as a separate

district.

.Section III. District Boundary Designation

The Commission shall adopt as the initial land-use district boundaries those

designations as delineated on the Land-Use Districting Map included as part of the

Land-Use-Plan Guam. 1977-2000, as approved by the Governor.

Section IV. District Boundary Revisions

a) Any person petitioning the Commission for revision of a district boundary.
,shall submit a written statement to the Commission identifying the land area

involved, the proposed district designation, and any documentation in support

of such a revision.

No later than thirty (30) days following receipt of such a petition, the

Commission shall hold a public hearing concerning the proposed revision,

notice of which shall be placed in a newspaper of general circulation at least

fifteen (15) days prior to the hearing date. Such notice shall indicate the

time and place at which maps designating the proposed boundary revision may

be inspected. All comments relative to the proposed district revision shall
be submitted to the Commission no later than fifteen (15) days following

such hearing.

1-84

Upon review of such comments, the Commission shall no earlier than fifteen
(15) days, nor later than thirty (30) days following the district revision
hearing either approve or disapprove the proposed district revision. No
district boundary may be revised without the approval of at least four (4)

Commission members. The Commission shall issue a written statement of

findings in support of tis decision addressing those issues raised by the
applicant, Commission or other government agency staff, or resulting from

the public hearing.
If approved, the proposed district boundary revision shall be transmitted

to the Governor for approval or disapproval.

b) No district boundary revision shall be effective without approval by the

Commission and the Governor.

c) Any district boundary revisions proposed by a Government of Guam agency be

submitted to the Commission by memorandum, the date of which shall constitute

the date of receipt for purposes of establishing a public hearing date.

d) All district. boundary revisions shall be consistent with the policies of the

Territory's Coastal Management Program and land-use plans-as approved by

the Governor.

e) The burden of establishing the conformity of the proposed district boundary

revision with the Territory's official land-use policies shall be on the party

proposing such revisions.

f) Any district boundary revision resulting in 1) expansion of an immediately
adjacent urban or rural district, or 2) establishment of a new non-contiguous

urban or rural district shall become effective only upon final approval of the

zoning designations within such district by the Commission and the Governor.

g) The Commission may adopt such rules and regulations as necessary to carry out
It
its functions under this Section, including extending time periods alloted for

review of or comment upon proposed district boundary revisions.

h) All officially adopted land-use district boundary revisions shall be filed

with the Commission and Department of Land Management and recorded on the

Government's Land-Use Districting Map accordingly.

Section V. District Boundary Revision Requirements

A. Land not included in an urban district may, by amendment to a land-use

district boundary, be classified as urban if the Commission finds, after

considering the following factors, such amendments to be consistent with the

purposes of these guidelines.

1) The availability and adequacy of transportation systems, infrastructure,

and other public facilities and services for the land included in the

1-85

the proposed amendment, and the cost of providing transportation
systems or other public facilities or services which are not available

or the cost improving those which are inadequate for such land.

2) The extent to which development which has been proposed for such land

will enhance employment opportunities or access to employment opportuni-

ties, or assist in providing a balanced housing supply for all economil-

and social groups.

3) The extent to which proposed development for such land can be provided

at the same or higher densities at locations within existing urban

districts, comparing the cost of providing adequate transportation

systems and public facilities and services within existing urban districts

with the cost of providing comparable systems, facilities, and services

for such land.

4) The extent to which social and economic benefits, achieved * including

the land in an urban district, balance potential hann from the loss of

land in agricultural production, lard which has a potential for agricultural

production, or land which includes natural, environmental, recreational.

scenic, historic, or other resources.

b. Land not included in a rural district may, by amendment to a land-use district
boundary, be classified as rural if the Commission finds that such amendment

would serve to further community design and Government land-use policies and

objectives and compliances with those rural district guidelines outlined in
Section II oi@ these guidelines.

C. Land not presently included in an agriculture district may, by amendment to a

land-use district boundary, be classified as agriculture if all or a substantial

part of such land is in agricultural production, has a potential for agricultural

production, or is being devoted to a use which maintains that potential, or

conforms withcriteria established for agricultural preserves under Government

Code of Guam Section 12604 and for agricultural districts under Section II (c)

Qf these guidelines.

d. Land not included in a conservation district may, by amendment to a land-use

district boundary, be classified as conservation if the Commission finds that (1)

all or a substantial part of the land includes natural, recreational, scenic,

historic, archaeological or other significant resources which should be conserved;

(2) it is necessary that the land be classified as conservation so as to minimize

the impact of development on land which includes such resources; or (3) rich land

conforms to those conservation district guidelines outlined in Section 11 (d) of

these guidelinr=s.

1-86

Section VI Zoning Within Districts

a) Following adoption of the final Land-Use Districting Map as described in
Section III of these guidelines, the Commission shall have prepared a tentative
revised zoning map designating the boundaries of permitted zones within the
respective districts. Only the following zones shall be permitted within

each of the respective districts: Urban: Rl, R2, C, H, Ml, M2; Rural: A, RI;
Agricuiture: A; Conservation: no zoning.

b) Effective the date of this Executive Order No. no land within a district

may be zoned as, or rezoned to, any zone not permitted in that district, as

specified in part (a) above.

c) The tentative revised zoning map shall be presented for review and comment in

at least one public hearing, notice of which shall be provided in a newspaper

of general circulation at least fifteen (15) days prior to the heasing date.

Such notice shall indicate the time and place at which the tentative map may

be inspected prior to the hearing. All comments relative to the tentative map
shall be submitted to the Commission no later than fifteen (15) days following

the final public hearing concerning such map.
Upon review of such comments, the Commission shall no earlier than fifteen (15)

days, nor later than thirty (30) days, following the date of the final public

hearing adopt a final revised zoning map. Such map shall be transmitted to

the Governor for final approval or disapproval. Upon final approval by the

Governor, such map shall be deemed the official zoning map upon which all

future zoning or rezoning shall be recorded.

d) No zones shall be established within Conservation Districts. The Commission

shall adopt such rules and regulations as necessary to ensure proper development

within Conservation District consistent with these guidelines and approved

government land-use plans and policies. Any development within a Conservation

District, for which a building or grading permit is required, shall require

approval by the Commission before issuance of such permit. No building or

grading permit shall be issued within a Conservation District without approval

of the Commission. The Commission shall approve only those permits which will

result in development compatible with those policies, guidelines or standards

for conservation districts as outlined in these guidelines or as adopted by

the Commission.

e) On the revised zoning map, all land within Agriculture Districts shall be

zoned "A" and all applicable provisions of the Zoning Law, Title XVIII shall

be enforced therein.

f) 1he Zoning Law shall be fully enforced within those permitted zones within-

Urban and Rural districts.

1-87

g) If a proposed development, because of its location, falls within the

jurisdiction of more than one set of applicable standards or guidelines,

the development shall be subject to the standards established for the area
according to the following priority: (1) Area of Particular Concern, (2)

Seashore Reserve, (3) Zoning and Subdivision Law. Where a conflict in

standards cannot be resolved by the Commission through application of the

above priorities, the Commission shall, by rule, determine the appropriate

applicable standards.

Section VII. Compliance with Land-Use Policies and Standards

The following uses shall be approved'by the Commission only if such uses are found

to be compatible with such standards and guidelines, land-use policies or other

applicable standards as approved by the Commission, Governor or Leqislature:

a) Any development within Conservation Districts;

b) Any permissible or conditional uses, variances, or other uses within

Agriculture Districts; and

c) Any zone changes, permissible or conditional uses, variances, or other uses

within Urban and Rural Districts.

Section VIII. Private Property Rights

This Executive Order is not intended, and shall not be construed as authorizing

the Commission to exercise their power or grant or deny a permit in a manner which

will take or damage private property for public uses, without the payment of just

compensation therefore. This Executive Order is not intended to increase or decrease

the rights of any owner of property under the Constitution of the Territory of Guam

or the United States.

Section IX. Judicial Review

a) Any person may maintain an action for declaratory and equitable relief

to restrain any violation of these guidelines. On a prima facia showing of a

violation of these guidelines preliminary equitable relief shall be issued

to restrain any further violation of this title.

b) Any person may maintain an action to enforce the duties specifically imposed

upon the Commission.

c) Any person may maintain an action for the recovery of such civil penalties

as provided for in the Zoning Law, Title XVIII, of the Government Code of Guam

for violation of these guidelines.

1-88

GOVERNMENT OF GUA14
OFFICE OF THE GOVERNOR
ss?
AGANA, GUAM

EXECUTIVE ORDER NO. 78-21
'7
PROTECTION OF WETLANDS

WHEREAS, Guam's wetlands are those areas that are inundated by surface or
ground water with a frequency sufficient to support and under normal circumstances
does or would support a prevalence of vegetative or aquatic life that requires

saturated or seasonally saturated soil conditions for growth and reproduction;

and

WHEREAS, the wetlands of Guam, including swamps, marshes, mangroves, natural

ponds, surface springs, and estuaries, are natural habitats of high biological

productivity and significant resource value; and

WHEREAS, the wetlands of Guam are extremely fragile, limited in number and

difficult to restore once damaged; and

WHEREAS, wetlands provide a critical habitat for'maintenance of native
plant and animal life, including endangered and threatened species, and are
valuable as locations for scientific and educational investigation; and
WHEREAS, wetlands act as floodplains during periods of excessive water flow
and a source of fresh water for domestic and agricultural purposes; and
WHEREAS, mangrove wetlands act as a shoreline stabilization mechanism and,
prevent shoreline erosion and stormwave damage; and
WHEREAS, increased management attention to wetlands is essential in order
to reflect the intent and effect of Presidential Executive Order 11990, regarding
protection of wetlands, on non-federally owned property;
NOW THEREFORE, by virtue of the authority vested in me by the Organic Act
of Guam, wetlands are declared to be an area of particular concern in the
planning and management of Guam's land and water resources and the Territorial
Planning Commission is hereby directed to officially designate, consistent with

Guam's Land Use'Plan and Coastal Management Program, Guam's wetland areas, and
promulgate such rules and regulations as are necessary for the balanced develop-
ment, protection, and conservation of such wetlands, consistent with procedures

of the Administrative Adjudication Act.

This Executive Order shall be effective thl date. Dated at

Agana, Guam, this It
day of 1978.

RICARDO ALLO
or o Guam
l
0 A
lk@;L L 0
COUNTERSIGNED:

RUDOLPH CL SABLAR 1-89
Lieutenant Governor of Guam

GOVERNMENT OF GUAM
OFFICE OF THE GOVERNOR
AGANA, GUAM

EXECUTIVE ORDER NO. 78-20

FLOOD HAZARD AREAS

WHEREAS, certain land areas of Guam are subject to flood conditions due to
surface water drainage into sinkholes and low-lying basins, overflow of rivers

and wetlands and stormwave inundation of coastal areas; and

WHEREAS, development within flood-prone areas in absence of adequate

regulatory controls has historically resulted in recurring public expense* for

relief and repair of flood-damaged.facilities; and

WHEREAS, uncontrolled development within flood-prone areas creates conditions

which are hazardous to.human safety, health and welfare; and
WHEREAS, open space use and low-intensity activities within flood-prone areas
are necessary for water qual ity management, aesthetic quality and maintenance.

of natural wetland and shoreline ecosystems; and
WHEREAS,-ample land has been identified, ou tside flood-prone areas, to accommodate
needed urban resident .ial, commercial, Industrial and other high-density or heavily

populated uses of land; and
WHEREAS, the high costs of flood-proofing structures and flood control engineering
projects within flGod-prone areas is an unnecessary financial constraint to economic

-development; and

WHEREAS, responsible flood hazard area management is a requirement of the
federally-subsidized National Flood Insurance Program which is an epential source

of disaster relief during times of flood damage; and

WHEREAS, local agency coordination is essential in recognizing the intent of

Presidential Executive Order 11988 which directs all federal agencies to take

actions which will reduce the risks of flood losses, minimize adverse impacts an

human safety, health and welfare, and to restore and preserve the natural and

beneficial values served by floodplai6s;

NOW THEREFORE, by virtue of the authority vested in me by the Organic Act of
Guam, flood hazard areas are declared to be an a@ea of particular concem in the

planning and management of Guam's land and water resources and the Territorial

Planning Commission is directed to:

1. Promulgate such rules and regulations as are necessary to meet the

requirements of the National Flood Insurance Program and Guam's Coastal

1-90

Management Program in insuring that development in such floodplains

does not endanger the public's health, safety and welfare.

2. Designate as floodplain areas of particular concern those areas of Guam
delineated as floodplains under the National Flood Insurance Program

and such other areas as recommended by the Subdivision and Development

Review Committee.

This Executive Order shall be effective this date. d at Agana, Guam
this__ZLtb_ day of Anguni-

RDALLO
Governor of Guam

COUNTERSIGNED:

Lieutenant Governor.

1-91

X V-1 -L
GOVERNMENT OF GUAM
OFFICE OF THE GOVERNOR
AGANA, GUAM
49&
Al q&
OR
EXECUTIVE ORDER NO. 78-14

HUNTING REGULATIONS

WHEREAS, Section 12321, Government Code of Guam. in

conjunction with Section 12007, Government Code of Guam, authorizes
the Director of the Department of Agriculture to formulate
regulations to implement or carry out the purposes of Article 1,

Chapter 4, Title XIII, Government Code of Guam. dealing with

Game; and

WNEREAS, Section 12321, Government Code of Guam, authorizes

the Director of Agriculture to regulate and license hunting in
Guam, and regulations are necessary to implement this activity; and

WHEREAS, the aforesaid Section 12007, Government Code of

Guam, provides that such regulations shall be issued upon approval

by the Governor and promulgation by.executive order;

NOW, THEREFORE, I, RICARDO J. BORDALLO, Governor of Guam,

by virtue of the authority vested in me by the organic Act of Guam,
as amended, and Section i2007 and 12321 of the Government Code of

Guam, do hereby order as follows:

1. Hunting Regulations of 1973, approved and promulgated

by Executive Order 73-6. is hereby repealed.

2. The attached Department of Agriculture Regulation No. 41
"Hunting Regulations" is hereby approved and promulgated,

to be in effect this date.

Signed and promulgated at Agana, Guam this 5n day of

JULY 1978.

CARDO BORDALLO
Governor of Guam
COWERSIGNED:

5
-R4CDOL@P1H,- 1ABLAN"-
Lieutenant Governor
,V,V & 0

C @RLLO

1-92

GOVERNMENT OF GUAM
DEPARTMENT OF AGRICULTURE

REGULATION-41

HUNTING REGULATIONS

Pursuant to the authority vested in the Director of Agricul-

ture by Sections 12007 and 12321, Government Code of Guam, the

following regulations relating to the harvest of game are hereby

approved:

HUNTING GENERAL

1. LEGAL SHOOTING TIME. It shall be legal to hunt wild

5ame in season from one half hour before sinrise to one

half hour after sunset.

2. HUNTING LICENSE REQUIRED. it shall be unlawful for any

,person to hunt, pursue, catch, capture, kill, wound, or

shoot any wild mammal or bird without first obtaining a

general hunting license from the Government of Guam,

Department of Agriculture.,or any authorized licensing

agent.. All persons obtaining a hunting license shall

complete hunter report cards (attached to each license)

whether they harvested game or not, as follows: (a) The

DEER REPORT must be returned within (5) days of the

taking of a deer during the regular season only; (b) the

DEER TAG must be attached immediately to the carcaas

upon the taking and it must remain so until consumed com-

pletely; and, (c) the WILD PIG REPORT must be mailed to
the Department of Agriculture within five (5) days of

the end of the regular season.

3. HUNTING LICENSE FEE. Five dollars ($5.00). The hunting

license shall be valid during all prescribed hunting

seasons of the calendar year for which issued.

4. DUPLICATE LICENSE. If a license becomes lost, destroyed,

or stolen, a duplicate license may be issued by any

licensing agent upon payment of one dollar ($1.00).

1-93

5. LICENSE TO BE IN POSSESSION. Every hunter shall have on

his person while in the field, a valid Guam Hunting

License.

6. ALTERING, BORROWING, LOANING, OR TRANSFERRING LICENSE.

No person shall at any time alter, change, borrow, loan

or transfer to another, any hunting license issued in

accordance with the law.

7. INSPECTION OF LICENSE AND GAME BAG. The hunting license

and game bag or kill are subject at all times to inspec-

tion by any peace officer of the territory.

8. HUNTING AGE. Only persons 18 years of age or older may

hunt with firearms. Persons 14 years of age or older

may hunt with bows & arrows or crossbows, provided that

persons between 14 and 18 years of age.are accompanied

by a licensed hunter of 18 years of age or older.

9. INFLUENCE OF ALCHOHOL AND DRUGS. No person shall hunt
at "any time while under the influence of alcohol, or

.other intoxicating substances.

10. HUNTING FROM MOVING VEHICLE PROHIBITED. No person shall

bunt, pursue, catch, molest, kill, or destroy any wild

animal or bird at any time from an automobile, power-

propelled vehicle,'or other mechanical contrivance, or

from an animal's back.

11. USE OF LIGHTS AND FIRE PROHIBITED. The use of fire or

artifical light of any kind as an aid to the taking of

game is prohibited.

1.2. VILLAGES AND ROADS CLOSED TO HUNTING. The firing of any

.gun or bow & arrow within a village or within 100 yards
thereof (for the taking of wildlife), or within 100

yaxds of an occupied dwelling, or across a.public road,
or within twenty-five (25) feet of a road, is prohibited.

13. PURCHASE AND SALE PROHIBITED. The purchase and sale of

wild mammals or birds or their eggs, or parts thereof,

is prohibited.

14. UNPROTECTED WILDLIFE. The following wildlife only may

be taken during the legal shooting time as specified at

any time of year:

1-94

(a) wild (feral) dogs W Rodents

(b) Wild (feral) cats (d) Philippine rat snake
and monitor lizard

All other wildlife are strictly protected by law and may

not be taken except as specifically authorized in this

rVgulation.

1S. DEFINITION OF SAG, POSSESSION, AND SEASON LIMITS.

BAG LIMIT ................... Maximum number of game species
(each) that may be legally
taken in one day.

POSSESSION LIMIT ............. Maximum number of game species
(each) that may be in posses-
sion at any one time after the
second day of the season.

SEASON LIMIT ................ Maximum number of game. species
(each) that a hunter may take
or bag during an entire given
season for any species.

16. USE OF DOGS. Dogs may be used to hunt and retrieve game

birds during the legal game bird season only. They shall

not be used to hunt, pursue, or kill any other game or

nongame species, including unprotected species.

17. TAKING OF DEER AND WILD PIG. *

1. only deer having visible antlers may be hunted, pursued,

taken, wounded, killed, or shot in any matter except at

special designated hunts.
2. only the following weapons are authorized for the taking

of deer and wild pig:

a) Shotguns no larger than 10 gauge, using rifled

slugs or buckshot may be used.

b) Centerfire rifles.of .23 caliber or greater may be

used only in the Bolanos Conservation Area. Only

commercial bullets of the expanding type may be

used. Ammunition us ing military bullets either

altered or unaltered, is not allowed.

c) Crossbows and bows & arrows may be used, provided:

1) Bows or crossbows must have a minimum draw

weight of at least 40 lbs.
2j Arrows and crossbow bolts must be fitted with

arrowheads that measure no less than seven-eighths

(7/8) of an inch at the widest point or that

have no fewer than two sharp cutting edges.

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18. TAKING OF GAKE BIRDS:

1. Lawful Hunting Weapons and Ammunition. Only shotguns,

using shot no larger than No. 6, may be used for thb

taking of game birds.

19. SPECIAL DESIGNATED HUNTS: The Director of Agriculture

@may, from time to time, authorize special hunts for the

purpose of controlling wildlife populations that cause

economic hardship or that present a danger or safety

'hazard to man. Special regulations may be promulgated

for such hunts.

20. HUNTING SEASONS AND BAG LIMITS-

DAILY LIMIT POSSESSION SEASON LIMIT SEASON

wild Pig 1 2 10 Oct. I - Dec. 31

Deer (Antlered only) I 1 .1 Oct. I - Dec. 31

Philippine Turtle Dove 4 a 20 Jul. I - Jul. 31

Dated this 30th day of June 1978.

FO
bire o of Aa iculture
L @JAN
of Aa

1-96

GOVERNMENT OF GUAM
OFFICE OF THE GOVERNOR
AGANA, GUAM

EXECUTIVE ORDER NO. 78-Z -All

THE GOVERNMENT OF GUAM SUBDIVISION AND DME40PMEN
REVIEW COMMITTEE; REPEAL OF EXECUTIVE ORDER NO)&@'@-7__

WHEREAS, there is a need for an effective inter,governmental

mechanism for review and analysis of various development activi-

ties brought before the Territorial Planning Commission; and

WHEREAS, it is desirable that such review be coordinated

through a committee@ composed of various representatives of
government agencies involved in land use related activities; and

WHEREAS, changes in the responsibilities and titles of

certain agencies since issuance of Executive Order No. 75-2,

establishing such a commit tee, require issuance of this new

executive order;

NOW, THEREFORE, I, RICARDO J. BORDALLO, Governor of Guam,

by virtue of the authority vested in me by the Organic Act of

Guam, as amended,' do hereby order that Executive Order No. 7S-2

be rescinded and replaced by this Executive Order which hereby

establishes the Government of Guam Subdivision and.Development

Review Committee with the following duties and responsibilities:

1. (A) Requesting, compiling, coordinating, and providing

official position statements by Government of Guam agencies

on applications for:

1. All subdivisions requiring improvements.

2. All zone changes.

3. All zone variances requesting more than a 10% variance

from the applicable zoning provision.

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4. Such agricultural subdivisions as deemed appropriate for

review by the Territorial Planner or by a majority of

the Committee members.

S. Such conditional use applications as:

(a) Directed by the Territorial Planning Commission to

be reviewed by the Committee; or

(b) Deemed appropriate for review by the Director of

Land Management.

(B) Ad vising applicants of the procedures and requirements

regarding proposed subdivisions, zone changes, and

variances.

CC) Assisting.government agencies in the establishment and

adoption of policies, standards, rules and regulations

relating to land use.
(D) Promoting and assuring the compliance of land development-

with all appropriate governmental land use policies and

plans.

2. To establis h such rules and regulations as necessary to
effectively carry out those duties and responsibilities as

outlined above.

The Committee shall be composed Of representatives appointed
by the respective agency directors from the following agencies

or departments:

1. Planning Division, Department of Land Management, the

Chief Planner of which shall be the Chairperson.

2. Building Permit Section, Department of Public Works.
3. Department of Public Works Cother than Building Permits

Section).

4. Guam Environmental Protection Agency.

S. Department of Parks and Recreation,
6. Public Utility Agency of Guam.

7. Bureau of Planning.

The Committee may designate as ex,officio members any other

government agency or department it determines should be involved

in the Committee's activities,

1-98

This order shall be effective upon approval of the Governor

and upon filing of said Order with the Legislative Secretary

of the Guam Legislature.

Signed and promulgated at Agana, Guam this 2th day of

FEBRUARY 1978.

RICARDO J. BORDALLO
Governor of Guam

COUNTERSIGNED:
RUDOLPH G. SALBLAN
Lieutenant Governor

1-99

TERRITORIAL PLANNING COMMISSION

WETLANDS RULES AND REGULATIONS

Contents-

Section I. Authority, Purpose, and Intent

Section II. Definitions

Section III. Procedures for Development and Conservation of Wetlands

Section IV. Standards for Development and Conservation of Wetlands

Section V. Designation of Wetland Areas of Particular Concern

Section I. AUTHORITY, PURPOSE, INTENT

A. Authority

These rules and regulations art promulgated by the Territorial Planning
Commission under authority of Titles XVIII and XIV of the Government Code

of Guam, and Executive Order No. 78-21 .

B. Purpose

The purpose of these rules and regulations is to establish procedural

guidelines and performance standards for development and conservation

of wetland areas pursuant to Executive Order No. 78-21

C. Intent

These rules and regulations apply to those land and water areas delineated

as Wetland Areas of Particular Concern on an official map of wetlands as

approved by the Territorial Planning Commission and retained by the

Departments of Land Management, Parks and Recreation, Public Works, Agricul-

ture, the Bureau of Planning, the Guam Environmental Protection Agency, and

Public Utilities Agency of Guam, Government of Guam. Those wetland areas

too small to be precisely delineated on the official map of wetlands shall

1-100

be listed and at the request of SDRC, verified by on-site field inspection

by the Department of Agriculture's Division of Aquatic and Wildlife Resources

or other government agencies, as determined appropriate by the SDRC. If there

is question as to whether a-proposed development or activity is within.an

officially designated wetland and therefore subject to these rules and regula-

tions, the Director of the Department of Agriculture shall determine if the

developments occurring only partially within a designated or recognized wet-

land APC shall be subject to these rules and regulations. These rules and

regulations supplement all other provisions of law relating to land use and

shall remain in effect until such time as amended by the Territorial Planning
Commissio@. These rules and regulations shall apply to all developments on

Government of Guam or private lands. Compliance with these rules and regula-

tions should precede submittal of applications for permits from the U.S. Amy

Corps of Engineers for development within wetlands. However, issuance of a

permit for development within a wetland by the Territorial Planning Commission

shall not preclude the U.S. Army Corps of Engineers from denying an application

for development within such wetland area under Section 404 of the Federal Water

Pollution Control Act, as amended.

Section Il. DEFINITIONS

1. Area of.Particular Concern (APC): A specifically designated geographic

area where the presence of unique or significant natural resources,

geologic constraints, hazards or other exceptional geographic charac-

teristics warrants and requires the application of extraordinary regula-

tory or management measures in order to insure the retention of such

'exceptional qualities or to insure the health, safety and welfare of

the general public.

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2. Wetland: Those areas that are inundated-by surface or ground water with

a frequency sufficient to support and under normal circumstances does or

would support a prevalence of vegetative or aquatic life that requires

saturated or seasonally saturated soil conditions for growth and reproduc-

tion. Wetlands generally include swamps, marshes, mangroves, natural

ponds, surface springs, estuaries and similar such areas.

3. Development: Means the placement or erection of any solid material or

structure; discharge or disposal of any dredged material or of any

gaseous, liquid, solid, or thermal waste; grading, removing, dredging,

mining, or extraction of any materials; change in the density or intensity

of use of land, including, but not limited'to, subdivision of land and any

other division of-land including lot parcelling; change in the intensity

of use of water, ecology related thereto, or of access thereto; construc-

tion or reconstruction, demolition, or alteration of the size of any

structure, including any facility of any private, public, or municipal

utility, and the removal of significant vegetation.

4. Environmental Impact Assessment (EIA): A detailed description of a

proposed action including: Information and technical data adequate to

permit a careful analysis of environmental, economic and social impacts;

discussion of the probable impact on the environment and any direct or

indirect consequences that may result from the action; any adverse

effects that cannot be avoided; alternatives to the proposed action that

might avoid some or all of the adverse environmental effects; assessment

of the cumulative long-term effects of the proposed action including its

relationship to short-term use of the environment in comparison with

long-term productivity and irreversible or irretrievable commitments of

resources.

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5. Aquaculture Facility: A facility for the culture or commercial produc-
tion of aquatic plants and animals for food sales and distribution.
6. Threatened and Endangered Wildlife: Species of plants and animals: 1)

determined by the Department of Agriculture's Division of Aquatic and

Wildlife Resources to be of such limited numbers as to be in immediate

danger of extinction or reduction to a critically low population level

on Guam if faced with continued habitat reduction or alteration, or

2) so designated by the U.S. Department of Interior's Fish and Wildlife

Service on the latest list of "Endangered and Threatened Wildlife and

Plants."

7. Commission: means the Territorial Planning Commission.

8. "Industrial" "Commercial" and."Residential" Development: means such

development as described under the Zoning Law, Title XVIII, Government

of Guam as permissible uses under, respectively, the "MV and "MV,

"C", and "Rl and RV zones.

section 111. PROCEDURES FOR DEVELOPMENT WITHIN DESIGNATED WETLAND AREAS OF

PARTICULAR CONCERN

A. Before issuance of any permit for development within a wetland APC, a tenta-

tive plan for the proposed development shall be submitted to the Territorial

Planner including a thorough description of the proposed development and the

following specific information:

1. The name and address of the owner or owners of record, of the developer

and of the person preparing the map.

2. Date, north arrow and scale.

3. A key map locating the development in relation to surrounding areas.

4. The exact length and bearing of the exterior boundaries of the develop-

ment which data shall be referenced to the "Guam Geodetic Triangulation

Control Network" or such alternative system of triangulation control

as the Territorial Surveyor may direct.

1-103

5. The accurate placement and outline of structures existing on the site.

6. The location, names, and existing widths of adjacent street right-of-

way.

7. Topography with contour intervals of two feet.

8. The location and dimensions of all known existing easements and reser-

vations.

9. The location of existing utilities and drainage facilities located within

or adjacent to the proposed development.

10. The approximate layout and approximate dimensions of each structure,

facility, or use proposed within the development.

11. Areas intended to be reserved for public use.

B. A tentative plan of the proposed development shall be prepared in sufficient

detail so as to permit its complete analysis by the Commission. The tentative

plan for any project other than a single-family dwelling unit shall include

a schedule indicating the approximate dates when construction or development

stages are planned to begin and be completed. The Commission, or Territorial

Planner at the request of another government agency or department, may

require submittal of detailed construction drawings and/or preparation of an

EIA for analysis prior to issuance of any clearing, grading, building, or

other permits.

C. A performance bond or undertaking may be required by the Commission for any

development undertaken pursuant to an approved tentative plan within a wetland.

The amount of the bond shall be one hundred and ten percent (110%) of the

infrastructure costs of the project, and not less than two thousand dollars
($2,000). The entire bond or any undertaking of any portion thereof shall

be forfeited as determined by the Commission for failure to comply with any

1-104

applicable wetland, water quality, or zoning regulation except as allowed

for under a variance or other legal exception from such requirements. The

entire bond or any portion thereof shall be forfeited as is required to

complete the site preparation and infrastructure features or restoration

of the project should these not be completed by the developer.

D. Upon certification by the Territorial Planner that such complete and accurate

information as required and requested has been provided, such documents shal1

be submitted to the Subdivision and Development Review Committee as established

under Executive Order 78-2, and the Department of Agriculture, Division of

Aquatic and Wildlife Resources.

E. The Subdivision and Development Review Committee shall receive comments from

the Bureau of Planning, Department of Public Works, Department of Land

Management, Department of Parks and Recreation, Guam Environmental Protection

Agency, Department of Agriculture's Division of Aquatic and Wildlife Resources.

and other agencies indicating interest in a particular development proposal,

prior to submittal of recommendations to the Commission. Comments should

be submitted before or on the date of the scheduled SDRC meeting when the

development Proposal is to be reviewed, but will be accepted up until the time

of the scheduled Commission meeting in which the project is to be presented for

review.

F. The Commission shall either approve, including approval with conditions, or

disapprove in whole or in part the proposed tentative development plan. Upon

receipt of approval by the Commission for development within the wetland,

the applicant should apply for such other permits as may be required by the

Federal Government.

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'G. If a field inspection by revelant local or federal agencies concludes
that the development has not adhered to all applicable rules and regulations,

or conditions imposed by the Commission, the Attorney General shall take

such action as necessary to ensure compliance with such requirements.

Penalties for violation of these regulations shall be the same as for

violations of the Seashore Protection Act, Title XIV, Chapter V-A,

Government Code of Guam.
H. Any expansion or alteration of an approved project, which exceeds 50%
of the physical value of the original structure or development, shall
require application for a new Wetland Permit from the Commission.
1. Upon Commission approval of an EIA or tentative plan for a proposed
commercial development within a wetland APC, the developer may be requested
to demonstrate that sufficient funding is available for the project. prior

to issuance of a Wetland Permit.

J. During all phases of a proposed development project and application for

permit, the land area shall be open for inspection by all interested
agencies or parties.
K. If a development project is not completed or operations totally cease

within a prescribed time period. if any. indicated on the approved permit,
the developer shall be required to restore the natural appearance and biological
character of the wetland to its condition prior to institution of the develop-
ment to the maximum extent practicable.
L. The comments submitted to the Commission, by Government of Guam agencies,

on requests for development within wetlands, as summarized by the Executive
Secretary of the Commission shall constitute the Government of Guam's position
on such projects for the purpose of providing comment to the U.S. Amy Corps of
Engineers under their permit process for wetland development.
M. Variances to such procedures and standards as outlined in these rules and
regulations may be granted by the Commission only upon written findings that
the applicant satisfies all of the four criteria for granting of zoning variances
under Section 17502(a)-(d) of the Government Code of Guam.

1-106

section IV. DEVELOPMENT AND CONSERVATION OF WETLAND APCS
A. All development within a wetland APC shall comply with all air and water
quality, erosion and sedimentation control standards and other applicable
pollution standards as promulgated-by the Guam Environmental Protection

Agency.

B. Wetland acreage shall not be reduced by filling or dumping material over

submerged areas unless issued a Wetland Permit by the Commission.

C. Wetlands shall not be graded, dredged or subject to removal of large areas

of productive plant life unless issued a Wetland Permit by the Commission.

D. The flow of water within or into wetlands shall not be altered so as to

adversely effect the wetland by blocking or channelizing rivers (within or
upstream from the wetland) or tidal flow, or reducing natural spring discharge

unless issued a Wetland Permit by the Commission.

E. Any development which substantially increases the potential for damaging

flooding of properties within or adjacent to the wetland shall not be

permitted within a wetland APC.

F. Development of any structure subject to damage, or posing a health or

safety threat to the public or the wetland environment, due to flooding

of the wetland shall not be permitted within a wetland APC.
G. Any developments, including aquaculture facilities existing within wetland
APCs, at the time rules and regulations for wetland APCs are promulgated,
do not require a Wetland Permit for existing use and structures, and are
not subject to restoration requirements.
H. Proposed aquaculture operations. expansion of existing aquaculture opera-
tions and/or reactivation of aquaculture sites within wetland APCs shall
require preparation of an EIA prior to issuance of a Wetland Per-mit by the
Commi ssion.
I. Proposed ponding or storage facilities; industrial, residential Or commer-
cial development may be permitted within wetland APCs only upon a finding

1-107

by the Commission that no feasible alternative sites exist and that such

development is dependent on location within a wetland.

J. Passive recreational and educational uses and structures such as unpaved

foot trails, interpretive signs, elevated walkways, portable tables, etc.,

within wetland APCs shall not require.Wetland Permits, but shall be subject

to applicable Department of Parks and Recreation rules and regulations and

Department of Agriculture hunting regulations.

K. Hunting, removing or otherwise disturbing threatened or endangered wildlife

or plants within wetland APCs is prohibited unless such actions are in com-

pliance with the rules and regulations of the Department of Agriculture

and such actions are essential to the health, safety, and welfare of the

general public and alternative actions are not feasible. Removal of small

amounts of non-threatened or non-endangered wildlife for non-commercial

home consumption or medicinal use does not require issuance of a Wetland

Permit.

Section V. DESIGNATION OF WETLAND AREAS OF PARTICULAR CONCERN

A. The Commission shall designate as initial wetland areas of particular concern
those wetlands identified on the Bureau of Planning's Community Design Maps,
as approved by the Governor, and those mangrove strands and wetlands delineated
in the Army Corps of Engineers' Inventory and mapping of Wetland Vegetation
in Guam, Tinian and Saipan, June, 1977 and the Appendix of the Bureau of
Planning's Atlas of the Reefs and Beaches of Guam, 1976.
B. Subsequent proposed additions, deletions or revisions to these initial
wetland APC designations shall be submitted to the Territorial Planner
who shall circulate such proposed changes to SDRC member agencies, the
Department of Agriculture and the U.S. Amy Corps of Engineers, and other
interested agencies or, upon request, private parties.

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C. Upon review by all SDRC members and other interested agencies the

proposed wetland APC shall be submitted to the Commission with recom-

mendations for approval, disapproval or modification. The Commission,

upon holding a public hearing in the Commissioner's Office nearest the
subject wetland areas in which at least ten (10) days notice is provided

in a newspaper of general circulation, shall either approve, disapprove

or approve with modifications the requested wetland APC designation.

D. All initially and subsequently approved wetland APC's shall be officially

noted and recorded by the Department of Land Management and the Bureau of

Planning on official wetland APC maps. Copies of such official wetland

APC maps shall be available to the general public and shall be provided

to and retained by all SDRC member agencies.

1-109

TERRITORIAL PLANNING COMMISSION

FLOOD HAZARD AREAS

RULES AND REGULATIONS

Contents:

Section 1. Authority, Purpose, and Intent

Section II,. Definitions

Section III. Procedures for Flood Hazard Area Management

Section IV. Standards for Flood Hazard Area Management

Section V. Designation of Flood Hazard Areas of Particular Concern

Section*I. AUTHORITY, PURPOSE, INTENT

A. Authority

These rules and regulations are promulgated by the Territorial Planning

Commission under authority of Titles XVIII and XIX of the Government Code

of Guam and Executive Order No. 78-20

B. Purpose

The purpose of these rules and regulations is to establish procedural

guidelines and performance standards for management of flood hazard areas,
pursuant to Executive Order No. 78-20 and the National Flood Insurance

and Guam Coastal Management Programs.

C. Intent

These rules and regulations,apply to those land-areas delineated as Flood
Hazard Areas of Particular Concern on an official map, as approved by the

Territorial Planning Commission and retained for public inspection by the

Department of Land Management, Public Works, Parks and Recreation, Agricul-

ture, the Bureau of Planning, the Guam Environmental Protection Agency,

1-110

and Public Utilities Agency of Guam, Government of Guam. The official

map is subject to amendment as additional data becomes available or a

flood event expands a designated boundary. A designated flood boundary

will be reduced only upon completion of an approved flood control project.

Those activities or developments occurring only partially within a desig-

nated or recognized flood hazard area shall be subject to these rules and

regulations. These rules and regulations supplement all other provisions

of the law relating to land use and shall remain in effect until such time

as amended by the Territorial Planning Commission. These rules and regula-

tions shall apply to all developments on Government of Guam or private lands.

Compliance with these rules and regulations should precede submittal of

applications for any required Federal permits.

Section II. DEFINITIONS

1. Area of Particular Concern (APC)- A specifically designated geographic area
where the presence of unique or significant natural resources, geologic
constraints, hazards or other exceptional geographic characteristics warrants
and requires the application of extraordinary regulatory or management
measures in order to insure the retenti'on of such exceptional qualities or to
insure the health, safety and welfare of the general public.
2. Flood: The general and temporary condition of partial or complete inundation
of normally dry land areas from: (a) abnormally high coastal wa ters resulting
from tropical storms, typhoons or tsunamis; (b) overflow of streams, rivers
and wetlands; (c) excessive drainage of rainfall into sinkholes and low-lying
basins.
3. Flood Hazard Area Flood Prone Area, Flood Plain: Any land area subject to
flood-conditions or susceptible to inundation, including wetlands, and areas
subject to a one percent or greater chance of flooding in any given year

(100-year flood), as designated on the official map of Flood Hazard

Areas.

4. Wetland: Those areas that are inundated by surface or ground water with

a frequency sufficient to support and under normal circumstances does or

would support a prevalence of vegetative or aquatic life that requires

saturated or seasonally saturated conditions for growth or reproduction.

Wetlands generally include swamps, marshes, mangroves, natural ponds,

surface springs, estuaries and similar such areas.

5. Floodproofing: Any combination of structural or non-structural measures

or adjustments to properties and structures that would reduce flood loss

to facilities, structures or the contents of buildings. Structural flood-

proofing involves the ability to resist hydrostatic and hydrodynamic pressure

and the effect.of buoyancy.

6. Flood Control Measures: Any dam, wall, embankment, levee, dike, abutment,

basin, culvert, channelization or other means specifically designed to alter

the natural course of waters within or affecting a flood hazard area.

7. Structure: Any building with walls, supports or roofing; or gas or liquid

storage tank which is affixed to the land.

8. Development: The placement or erection of any solid material or structure;

discharge or disposal of any dredged material or of any gaseous, liquid,

solid, or thermal waste; grading, removing, dredging, mining, or extraction

of any materials; change in the density or intensity of use of land,

including but not limited to, subdivision of land and any other division

of land including lot parcelling; change-in the intensity,of use of water,

ecology related thereto, or of access thereto; construction or reconstruc-

tion, demolition, or alteration of the size of any structure, including any

1-112

facility of any private, public, or municipal utility, and the removal

of significant vegetation.
9. Environmental Impact Assessment (EIA): A detailed description of a proposed
action including: Information and technical data adequate to permit a
careful analysis of environmental, economic and social Impacts; discussion
of the probableimpact on the environment and any direct or indirect conse-
quences that may result from the action; any adverse effects that cannot be
avoided; alternatives to the proposed.action that might avoid some or all
of the adverse environmental effects; assessment of the cumulative long-term

effects of the proposed action including its relationship to short-term use

of the environment in comparison with long-term productivity and irrever-

siblb or irretrievable commitments of resources.

10. Commission: means the Territorial Planning Commission.

.Section III. PROCEDURES FOR FLOOD HAZARD AREA MANAGEMENT

A. Before issuance of any permit for development within a designated flood

hazard area, a tentative plan for the proposed development shall be submitted
to the Building Permit Division, Department of Public Works including a
thorough description of the proposed development and the following specific

information:

1. The name and address of the owner or owners of record, of the

developer and of the person preparing the map.

2. Date, north arrow and scale.
3. A key map locating the development's relation to surrounding areas.
4. The exact length and bearing of the exterior boundaries of the
development, referenced to the Guam Geodetic Triangulation Control
Network or such alternative system of triangulation control as the
Territorial Surveyor may direct.

1-113

5. The accurate placement and outline of structures existing on the

site.
6. The location, names, and existing widths of adjacent street rights-

of-way.
7. Topography with contour intervals of two feet.
8. The location and dimensions of all known existing easements and

reservations.
9. The location of existing utilities and drainage facilities located
within or adjacent to the proposed development.
10. The approximate layout and approximate dimensions of each structure,
facility or use Proposed within the development.

11. Areas intended to be reserved for public use@
12. A description of all floodproofing measures to be utilized in the

proposed development.
13. An indication of the water surface elevation of the 100-year flood

if the development involves a land area greater than 50 lots or 5 acres.

A tentative.plan of the proposed development shall be prepared in sufficient

detail so as to permit its complete analysis by the Building Permit, Engineer-

ing and Hydraulics Divisions of the Department of Public Works. The tenta-

tive plan shall include a schedule indicating the approximate dates when

construction or development stages are planned to begin and be completed.

These divisions may require submittal of detailed construction drawings

and/or preparation of an EIA for analysis prior to issuance of any clearing,

grading, building or other permit.

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C. A performance bond or undertaking may be required by the Department of
Public Works for any development undertaken pursuant to an approved tenta-
tive plan with a flood hazard area. The amount of the bond shall be one
hundred and ten percent (110%) of the infrastructure costs of the project,
and not less than two thousand dollars ($2,000). The entire bond or any

undertaking of any portion thereof shall be forfeited as determined by the
Director, Department of Public Works for failure to comply with any
applicable flood hazard areas, wetland, water quality, or zoning regulations
except as allowed for under a variance or other legal exception from such

requirements. The entire bond or any portion thereof shall be forfeited

as is required to complete the site preparation and infrastructure features

or restoration of the project should these not be completed by the developer.

D. The Building Permit Division, Department of Public Works shall either

approve, including approval with conditions, or disapprove in whole or.

in part the proposed tentative development plan. Upon receipt of permission

by the Department for development within a flood hazard area, the applicant

may proceed to apply for such other permits as may be required by the local

or federal government.

E. If a field inspection by relevant agencies concludes that the development

has not adhered to all applicable rules and regulations or conditions
imposed by the Commission or Department of Public Works, the Attorney
General shall take such action as necessary to ensure compliance with such
requirements, including requests for restraining orders or revocation of

Permission for building in the flood hazard area.
F. Any expansion of an approved development projecf, which exceeds 50% of

the physical value of the original structure or development, shall require
application for a hew building permit for development within the flood

hazard area.

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G. During all phases of a proposed development project and application for

permit, the land area shall be open for inspection by all interested

agencies or parties.

H. If a development project is not completed or operations totally cease

within the time period, if any, indicated on the approved permit, the

developer shall be required to restore the natural appearance and

biological character of the flood hazard area to its condition prior to

institution of the development to the maximum extent practicable.

1. Variances to such procedures and standards, as outlined in these rules

and regulations may be granted through appeal to the Commission which

may permit such variances only upon written finding that the applicant

satisfies all of the criteria outlined for granting zoning variances under

Section 17502 (a)-(d) of the Government Code of Guam.

J. Current uses not adhering to these rules and regulations shall not require

a Flood Hazard Area Building Permit and shall be classified as legal non-

conforming uses unless declared to be a hazard to public health. safety
and welfare by the Department of Public H@alth and Social Services, at

which time they will be subject to conformance with these rules and regula-

tions.

K. Expansion of existing non-conforming uses or reactivation of uses which
have been totally abandoned for a period of one year shall require applica-
tion for a Flood Hazard Area Building Permit.

L. Emergency repairs of existing flood-damaged structures shall not require

application for a Flood Hazard Area Building Permit if completed within a

period of six months after a flood event and do not involve major structural

or developmental expansion. After the above-stated time period, major

repairs shall require application for a Flood Hazard Area Building Permit.

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Section IV. STANDARDS FOR FLOOD HAZARD AREA MANAGEMENT
A. All development within flood hazard areas shall comply with all water
quality, erosion and sedimentation control standards and other applicable
pollution standards as promulgated by the Guam Environmental Protection

Agency and, if applicable, Wetland and Rules and Regulations as promulgated

by the Territorial Planning Commission.

B. Flood hazard areas shall not be graded, dredged or filled such that natural

topographic drainways are altered unless issued a Flood Hazard Area Permit

by the Department of Public Works.

C. Approved developments shall be designed to the maximum extent practicable

to maintain the natural flow during flood conditions, not create backwater

effects or expand a flood hazard area into previously non-flood prone areas.

D. All approved bridges and culverts shall have openings of sufficient width

for adequate passage of flood discharge and debris during a 100-year flood.

E. New septic tanks, leaching fields, outhouses or other on-site sewage

disposal systems shall not be permitted within flood hazard areas. All

approved sewage disposal shall be connected to government sewerage at

the developer's expense. Sanitary sewage systems shall be designed to

minimize or eliminate infiltration of flood waters into the system and

discharges from the systems into flood waters.

F.- New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into t@e systems.

G. No development shall be permitted, within sinkholes or low-lying basins,

as designated on the Bureau of Planning's Community Design Plans, which

would inhibit the recharge of water into the underground aquifer system

or be subject to flood damage.

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H. Fill materials (including trees and vegetation) shall not be discarded inti
flood hazard areas such as to impede the natural flood flow or velocity by

creating an accumulation of loose debris.
1. Open storage of significant quantities of buoyant, light, loose or unsecured
material shall be prohibited within flood hazard areas.
J. Storage within flood hazard areas of toxic chemicals, fertilizers, pesticides,
biological wastes, or other contaminant substances which would be subject to
dispersal into-flood waters during periods of inundation shall. be prohibited
(even though storage of such substances might be in conformance with pollu-
tion control standards during non-flood conditions).
K. Excessive removal of natural vegetation in a flood hazard area (though not
promoting erosion during non-flood conditions) which would promote erosion

during flood conditions shall be prohibited, unless demonstrated to the

satisfaction of the Guam Environmental Protection Agency that erosion

control measures would satisfactorily prevent erosion and sedimentation or
that such action is necessary for agricultural field farming. (Note:

Deep-rooted natural vegetation such as trees and shrubs absorb water to

greater depths and reduce flood levels much more effectively than shallow-

rooted grasses and weeds that dominate lands after natural vegetation is

cleared).

L. All approved flood control measures and structures shall be periodically

maintained and immediately repaired in cases of failure. Flood control

measures shall not increase flood heights in upstream areas or cause erosion

of lands not previously subject to a higher flood level or increased flood
velocity. (Note: Channelization can particularly increase flood velocity

due to a reduction in natural impediments to flow. Thus, channeled flood

waters should be directed to a suitable point of discharge).

M. Flood control measures or development shall not reduce the water supply or

biological productivity of a wetland habitat.

N. An approved seawall for stormwave protection shall not impair public access,

contribute to shoreline erosion or significantly disturb scenic vistas or

visual quality and shall be sufficiently storm-resistant and structurally

safe so as not to create a health or safety hazard.

0. All approved developments within flood hazard areas shall be floodproofed

to the maximum extent practicable. (Note: All exposed doors should be
watertight and exposed glass should be wire-reinforced). (Use of materials
which easily deteriorate when exposed to water should not be used).

P. Below-ground basements, building space, storage or parking shall be

prohibited within flood hazard areas.

Libraries, schools, post offices, museums and other public-use structures,

whose maintenance is at public expense or which are used for storage of

valuable-flood-vulnerable materials, the preservation of which is in the

public interest, shall not be located within flood hazard areas.

R. Cemeteries shall not be located within flood hazard areas. Expansion of,

existing cemeteries within flood hazard areas shall be permitted as a

non-conforming use.

S. All electrical equipment and the lowest floor of approved structures shall

be elevated above the maximum known flood elevation.

T. All approved structures, including mobile or modular homes and other light-

weight structures, shall be anchored to prevent flotation, collapse or

lateral movement of the structure or portions of the structure during flood

conditions. Ties shall be provided at each of the four corners of the home

with two additional ties per side at intermediate locations.

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U. Posts, piles or similar techniques for elevating structures in flood hazard

areas shall be secured in concrete footings or by,imbedment in the ground to
a depth sufficient to withstand hydrostatic or hydrodynamic loads, anticipated

scour and/or uplift.

V. Approved structures shall be planned for construction with the longitudinal

axis parallel to the direction of flood flow or wave assault whenever possible

and additional or adjoining structures shall be planned for placement on the

same flood-flow lines as the established structures.

W. Recreational development such as ballparks or agricultural field farming

which does not involve major structural developments does not require

issuance of a Flood Hazard Area Permit if outside wetland habitats.

Archaeological investigation or restoration of historical sites does not

requirea Flood Hazard Area Permit. (Note: Floodplains have a high

capability for low-intensity uses such as open-space scenic areas, wildlife

habitats, groundwater recharge areas, outdoor recreation, field farming and

livestock grazing).

Section V. DESIGNATION OF FLOOD HAZARD AREAS

A. The Commission shall designate as initial flood hazard areas of particular

concern those floodplain designations submitted by the Bureau of Planning

for approval under the National Flood Insurance Program.

B. Subsequent proposed additions, deletions or revisions to these initial

flood hazard area designations shall be submitted to the Territorial Planner

who shall circulate such proposed changes to SORC member agencies, the

Department of Agriculture and the U.S. Army Corps of Engineers, and other

interested agencies or, upon request, private parties.

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C. Upon review by all SDRC members and other interested agencies the proposed
flood hazard area shall be submitted to the Commission with recommendations

for approval, disapproval or modification. The Commission, upon holding
a public hearing in the Commissioner's Office nearest the subject flood
hazard areas in which at least ten (10) days notice is provided in a news-

paper of general circulation, shall either approve, disapprove or approve

with modification the requested flood hazard area designation.

D. All initially and subsequently approved flood hazard areas shall be offi-

cially noted and recorded by the Department of Land Management, Department

of Public Works and the Bureau of Planning on official flood hazard area

maps. Copies of such official flood hazard area maps shall be available

to the general public and shall be provided to and retained by all SORC

member agencies.

E. Officially designated flood hazard areas of too small a size to be accurately

delineated on such official maps which are the subject of proposed develop-

ment shall be verified through on-site field inspection by the Department of

Public Works Hydraulics Division. If any portion of the proposed develop-

ment is determined to be in the designated flood hazard area such develop-

ment shall be subject to these rules and regulations.

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TERRITORIAL PLANNING COMMISSION

INTERIM "H" RESORT-HOTEL ZONE

RULES AND REGULATIONS

Contents:

Section 1. Authority, Purpose. and Intent

Section II. Definitions

Section III. Procedures for Zone Changes to "H"

Section IV. Procedures for development within an "H" Zone

Section V. Standards for development within an "H" Zone

Section I. AUTHORITY, PURPOSE@ INTENT

A. Authority

These rules and regulations are promulgated by the Territorial Planning
Commission under authority of Titles ZV and XVII of the Government Code

of Guam and Public Law 14-41, as amended by Public Law 14-72 and

Public Law 14-82.

8. Purpose

The purpose of these rules and regulations is to establish procedural

requirements for:

a. Zone changes to an "H" designation.

b. Development within "H" Zones.

c. Substantive standards for development within "H" Zones.

C. Intent

These rules and regulations apply to that area rezoned "H" under the

provisions of Public Law 14-41, as amended by Public Law 14-72 and

14-82 (Tumon). as well as all future proposals for development within

or changes of zone designation to an OW zone. As interim regulations,

they shall remain in effect until such time as final "H" Zone

regulations are adopted by the Territorial Planning Commission.

Section II. DEFINITIONS

For the purpose of defining those uses permitted in the "H" Zone under

Public Law 14-41, but not defined elsewhere in the Government Code, the

following definitions shall apply:

1. Amusement Activity: An indoor o@ outdoor facility operated for

the amusement or entertainment to the public.

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2. Cultural Facility

An indoor or outdoor facility operated for the purpose of portraying
or promoting aspects of the Island's culture through use of
plays, theaters, museums, arts and crafts galleries and displays.

and similar facilities.

3. Landscaped Area or Landscaping

An area planted and covered with soft live flora such as lawn,

ground cover, trees, shrubs, or any other materials which would

aesthetically enhance the area.

4, Park Recreational Facility

An area or facility established and operated for the purpose of
accommodating or promoting active or passive recreational activities

including sports, interpretive parks, botanical and zoological

gardens, playgrounds, and such related facilities.

5. Tourism Related Shops, Offices, and Supportive Services

(Resort CommerLial)
Commercial facilities and offices directly dependent on sales or

services and immediate proximity to the public and, including but
not limited to bicycle or moped rental facilities. but noz 5UGs,

commercial or industrial activities as auto, motorcycle, bicycle,

and appliance sales or repair; assembly line, hardware, building,

electrical, or plumbing supply enterprises and related uses.

6. Transient Guest

Those persons who occupy a hotel, lodging house, or similar

facility in a specific location for less than 90 consecutive days.

Section III, Procedures for Zone Change to "H"

A. A proposed zone change to "H" may be initiated by the Commission or

by an application directed to the Commission hy any person owning or

leasing real property within the area covered by the proposed "H" zone.
B. Application. An application for a change of zone to "H" shall be

filed with the Planning Division, Department of Land Management, on

a zone change form, which, in addition to that information normally

required for zone changes shall include:

1. A legal description of the area proposed for rezoning, copies of

certificates of title for property within the proposed zone and

the name of the developer and/or development company, if appropriate.

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2. A statement outlining the reasons for requesting such a zone change

including:.
a. A discussion of how the public necessity. convenience, and

general welfare justifies such a zone change.
b. A description of the general geographical character of the

area to be rezoned.

c. Types of future uses or development proposed within the area,

if any.

d. Alternatives considered (PUD, Variance, C Zone, etc.).

e. A general summary of the anticipated effect of the proposed

rezoning on the surrounding environment including its impact

on water quality (through drainage, leaching, run-off); any

unique historical or ecological sites or other valuable

natural or cultural resources; accessibility to beaches,

caves, waterfalls, or other recreational sites; and surrounding

land-use patterns. General narrative discussion acceptable--n.0

requirement to follow specific guidelines for preparation of
Environmental Impact Statements, or Assessments as established

by Council on Environmental Quality; unless otherwise required

by law.

f. If proposed in conjunction with plans for substantial

development of the subject area:

(1) A summary economic statement to include discussi.ons of the

operating and economic role and function of the development's

major features, of the primary and secondary markets to

be served, of the demand for support services to-be

generated and the manner in which each will be secured,

and of the ways in which the development furthers the

expansion in breadth or depth of the Island's economy;

but to specifically exclude confidential or sensitive

financial data such as forecasted operating cost breakdowns,

revenues, cash-flows, breakeven points, and profitability.
(2) A development schedule indicating the approximate date
when construction or stages (by unit or increment basis)

of any planned development are planned to begin and be

completed.

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(3) A statement,of the applicant's tentative plans regarding

the future selling or leasing of all or portions of the

development, including specific land areas, condominium

units, or cottage or cluster developments by increment

method.

(4) Where no public sewer, water, or such public facilities

exist, the proposed methods.and facilities to provide

such services.

(5) A plot plan of any proposed development within the "H*

Zone area. The plot plan shall show the location of

proposed major structures and facilities within the

rezoned area, including sources of water and power,

required sewage disposal systems and proposed landscaping.

The plot plan shall indicate existing topography as

defined in Chapter IV, Section 18300(a)(12) of Title XIX

of the Government Code of Guam.

C. Upon certification by the Territorial Planner that complete information

has been provided by the applicant, the Commission shall hold at least
one (1) public hearing thereon in the municipal district where the

property to be rezoned-is located, as such districts are described in

Chapter I of Title XVI of the Government Code, notice of time and place

of which shall be given by at least one (1) publication in a newspaper

of general circulation at least ten (10) days before the day of said

hearing, and by mail to the Commissioner of the municipal district

concerned, and to those landowners owning land within five hundred
(500) feet of the property for which rezoning is requested, the mailing

addresses for such landowners to be in the Real Estate Tax records.

0. Prior to-the public hearing, the Territorial Planner shall submit the
application and other supporting documents including a summary report
of the public hearing for the proposed zone change to the Subdivisiorf
and Development Review Committee for their review and recommendation.
The Subdivision and Development Review Committee (SDRC) findings shall

be presented at the public hearing.

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E. 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 determinations within forty (40) days

from the date of the hearing thereon and shall forward notice of

such decision to the applicant, if any. If the application is approved

in whole or in part by the Commission, the same shall be forwarded to

the Governor who may approve or disapprove the proposed change in whole

or in part.

F. Pursuant to Chapter XIV, Title XVIII of the Government Code, upon

approval of the zone change by the Governor, it shall be submitted

to the next portion of the next regular session of the Legislature

convening after the said approval. Such amendment to the zoning map

shall remain in effect unless amended or repealed by statute.

G. Zone changes to "H" shall not be permitted for any area less than

two and one half (2-1/2) acres in size.

IV. Procedures for Development Within an "H" Zone

A. Before issuance of any building permit for development proposed
either in 1) in conjunction with'submittal of a requested zone

change to "H" or 2) in a prior approved "H" Zone, a tentative

plan for such development shall be submitted to the Territorial

Planner containing the following information as deemed appropriate

by the Territorial Planner:

1. The name and address of the owner or owners of record, of the

developer and of the person preparing the map.

2. Date, north arrow-and scale.

3. A kep map locating the development relation to surrounding

areas.

4. The exact length and bearing of the exterior boundaries,of

the development which data shall be referenced to the

"Guam Geodetic Triangulation Control Network" or such

alternative system of triangulation control as the Territorial

Surveyor may direct.

5. The accurate placement and outline of structures existing

on the site.

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6. The location, names, and existing widths of adjacent street

rights of way.

7. The location and dimensions of all known existing easements and

reservations.

8. The location of existing utilities, sewers, drainage ditches, and

other drainage facilities located in, or adjacent to, the proposed

development.

9. The location, width and direction of flow of all water courses

within the subdivision area.

10. Topography with contour intervals of two feet (2') where the ground

slope is five percent (5%) or less or contour intervals of five
feet (5') where the ground slope is more than five percent (5%).

11. The location and widths of all existing or proposed streets in

the development.

12. The approximate layout and approximate dimensions of each structure,

facility, or use proposed within the development.

13. Areas intended to be reserved for public use.

14. A drainage plan showing methods and facilities for collection and

disposal of storm waters. The storm drainage disposal area or

channel must have a demonstrated ability to accept additional

water in view of capacity of area or channel and of capacity of

existing improvements confining the channel.

The tentative plan shall be prepared in sufficient detail for analysis

by the Commission as to sufficiency and most suitable location. The

Commission may require the submission of detailed construction drawings

as work is initiated to permit detailed analysis of construction

conformity to law and the rules and regulations of the Commission. and

to facilitate inspections.

B. Upon certification by the Territorial Planner that such complete and

accurate information as requested has been provided, such tentative

plan shall be submitted to the Subdivision and Development Review

Committee for review and recommendations.

C. The Territorial Planning Commission shall either approve, including

approval with conditions, or disapprove in whole or in part the

proposed tentative development plan. Upon approval, appropriate

permits for initial construction may be issued.

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D. Any proposed use or structure which has not been included in an
approved tentative plan must be approved by the Commission or at its
discretion, the Territorial Planner, before issuance of any building

permits

E. A performance bond or undertaking shall be required for any development

undertaken pursuant to an approved tentative plan within an "H" Zone

as otherwise provided in the regulations. The amount of the bond shall

be One Hundred and Ten Percent (110%) of the infrastructure costs of

the project, and not less than Two Thousand Dollars ($2,000). The

entire bond or any undertaking of any portion thereof shall be forfeited

as determined by the Commission for failure to comply with any applicable

land use, water quality, or zoning regulation except as allowed for

under prior granting of a variance or other legal exception from such

requirement: including, but not limited to, erosion and grading

standards, landscaping, height and setback requirements, the

tentative development plan as approved by the Commission and any

applicable zone regulations. The entire bond or any portion thereof

shall be forfeited as is required to complete the site preparation

and infrastructure features of the project should these not be completed

by the developer.

F. The Commission shall approve a maximum time period within which all

of the improvements authorized in the tentative development plan shall

be completed. The time period shall be no less than six months, and

no more than four years. The time period shall be based on the size,

character, and complexity of the authorized improvements. The

Commission may, for good cause shown, grant any extensionof time.
G. Upon completion or any portion of the project in accordance with

the tentative plan, the Department of Public Works shall certify to
the Commission that the project has been completed in accordance with

the tentative plan.

H. Requirements or preparation of tentative development plans and posting

of performance bonds as outlined in this section shall not apply to

construction of single-family dwellings in that area in Tumon zoned-"H"

under Public Law 14-41, as amended.

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Section V. Standards for Development Within an "H" Zone

A. All development within an "H" Zone shall comply with all applicable

pollution and erosion standards as promulgated by the Guam Environmental

Protection Agency.

B. The nature, size, shape, lighting, and style of an outdoor sign shall

conform to those requirements as outlined in the Sign Regulations,

Title XVIII, Chapter IX, of the Government Code for Commercial Zones.

C. The following parking regulations shall apply:

1. Title XVIII, Chapter VIII, Sections 17350 - 17352 of the Government

Code.of Guam.

2. Provisions noted under "footnotes" to the "H" Zone Yard and

Height Regulations.

D. Development and activities within an 11H11 Resort-Hotel Zone shall:

1. Provide open access to public resources including but not limited

to beaches or other parts of the ocean shore. parks, conservation

areas, rivers, waterfalls, and other public resources.

2. To the maximum extent possible, assure that all permissible and

accessory uses enhance. compliment, and do not detract from or

surrounding area.

3. When associated with or encompassing such valuable resources as

unique land, water, floral, faunal, cultural, historic, archaeologic,

or other such areas:

a. Provide interpretive materials, displays, and information, as
required, reviewed. and approved by the Department of Parks
and Recreation. The Territorial Planner shall certify to

the TPC and SDRC that the interpretive materials, displays,
and information have been so approved.

b. Assure that such resources remain, to the maximum extent

possible, in their natural or undisturbed state.

E. Dwellings permitted in an "H" Zone shall be designed:

I. To accomodate primarily the needs and desires of visitors,

tourists, and transient guests.

2. In a compatible arrangement so as to compliment and enhance the

adjacent structures and environment.

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F. Such recreational or amusement activities as bowling alleys, Movie

theaters, or sports facilities which normally and necessarily create

temporary or occasional substantial adverse impacts, such as excessive

noise. light, or traffic, shall be permitted in an "H" Zone only upon

a determination by the Commission that such an acti-vity is normally to

be found in a tourism-related development area, and that the activity

is reasonably compatible with the existing or reasonably forseeable

development of the surrounding area.

G. Prior to issuance of occupancy permits for any development within an

"H" Zone, the developer shall certify.to the Territorial Planner that

no less than two percent of the total construction cost for development

of land oriented facility or structure was expended on landscaping

that particular development. Allowable costs under such a requirement

include the costs for purchase of landscaping vegetation and labor

involved in i.ts planting.

H. Variance to these regulations may be granted by the Commission

only upon issuance of such findings or under such conditions as

prescribed under Sections 17501 - 17502 of the Government Code.

1. Yard, Area, and Height regulations for the "H" Zone are as outlined

in the attached chart.

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YARD AREA AND HEIGHT REGULATIONS

USE GROSS DENSITY MINIMUM LOT SIZE YARD (3) LOT AREA PER (5) MAXIMUM BUILDING
FRONT SIDE REAR DWELLING HEIGHT

5000 w/sewer (4) (4) 5000 w/sewer 2 stories
SINGLE 4 D.U. /ACRE 10000 w/o sewer 5 ft (5m) 8 ft (3m) 10 ft.(3m) 10000 w/o sewer
(929 m 2) (929 m 2)

zero lot (4) (4) 4000 w/sewer
line 5 du/acre 4000 sq.ft. 15 ft.(5m) 16 ft (5m) 10 ft (5m) 8000 w/o sewer 3 stories
(371.5 m 2) 8005 (744 m2)

zero lot (4) (4) 3000 w/sewer
line semi 5 du/acre 3000 sq.ft. 5 ft. (5m) 16 ft.(5m) 10 ft (5m) 6000 w/o sewer 3 stories
attached (232.5 m2) 6666 (620 m2)

raw four (4) (4) 2000 w/sewer
to eight 10 du/acre 2500 sq.ft. 20 ft (5m) 16 ft (5m) 16ft (5m) 4000 w/o sewer 2 stories
(232.5 m2) (372 m2)

multi- 1012 w/sewer
family 15 du/acre 10880sq.ft. 10 ft. (3m) 10 ft (3m) 13 ft (4m) 2722 w/o sewer 3 stories
(1012 m2) (253 m2)

multi-
family 20 du/acre 29999 sq.ft. 13 ft.(4m) 10 ft (3m) 20 ft. (6m) 2217 sq.ft. (206m2) lot length + lot width
(2788 m 2) +10m.

multi-
family 22du/acre 50002sq.ft. 23 ft. (7m) 23 ft.(7m) 33 ft.(10m) 2001 sq.ft (185m2) "
(4647m2)

multi-
family 26 du/acre 70005 sq.ft. 33 ft.(10m) total combined side
(6506m2) yards equals (30%)lot 48 ft.(15m) 1688sq.ft. (155m2) "
width,or 33ft (10m)

hotel
small 32 du/acre 80000sq.fr. 33 ft.(10m) total combined side
(8365m2) yards equals 40% lot 75 ft. (23m) 1361 sq.ft.(126.5m2) "
width,or 33ft.(10m)

hotel
large 33 du/acre 20000sq.ft. 33 ft. (10m) total combined side
(18588 m2) yards equals 50% lot 75 ft. (25m) 1141 sq.ft.(106m2) "
width,one side min.
53 ft.(16m)

resort
commercial na 9996sq.ft. 10 ft. (3m) (5)
(929m2) 10 ft.(3m) 10 ft. (3m) na 3 stories

FOOTNOTES:
(1) landspace/areas include all setbacks, no parking permitted. (4) zero lot line may be permitted with adjacent owner approval
(2) two (2) parking spaces permitted on paved driveway within the and provision of additional open, space.
sixteen foot (16') setback.
(3) when yard abuts shoreline, building setbacks are increased (5) maximum building height (mbh) is calculated by dividing
by thirty-five feet (35') for one story and seventy-five feet the sum of lot length plus 10t width by 10.
(75') for two story and etc.
mbh = (ll + lh)
10

Section VI. Amendments

These Rules and Regulations may be amended by the Commission at any

regular or special meeting by a majority vote, provided that a ten
(10) day public notice is provided.

Adopted on March 10, 1978.

Chairman, Territorial Planning Commission

I certify that the foregoing is a true copy of the Rules and

Regulations of the "H" Resort-Hotel Zone promulgated. effective March 10, 1978.

These rules and regulations were in effect March 10, 1978 and continue

in effect as of the date of this certification.

JOHN P. AGUON, EXECUTIVE SECRETARY
Territorial Planning Commission

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RULES AHO REGULATIONS

GUAM TERRITORIAL SEASHORE PROTECTION MNSMISSION

ARTICLE I. AUTHORITY AND PURPOSE

Section 1. Authority. These Rules and Regulations are promul@!ated

under the authority of Chapter V-A, Title ;,IV, Public Law 12-108, Section

13415.

Section 2. Purpose The purpose of these Rules and Regulations

is to govern the meetings and proceedings of the Guam Territorial Seashore

Protection Conwnission, acting pursuant to the Legislative authority mentioned

above.

ARTICLE 11. THE COMMISSION

Section 1. The official name of the Connission shall be the

Guam Territorial Seashore Protection Commission.

Section 2. Official Address. The official address of the Guam

Territorial Seashore Protection Commission shall be c/o Government of Gua-a.

Agana, Guam.

Section 3. Place of Meeting. The Commission will hold its

regular meeting at a location to be determined by a majorit vote at any

regular meeting.

ARTICLE III. MEMBERS OF THE COMIMISSION

Section 1. Commission Creation, Membership and Compensatfon.

The Commission shall consist of the seven (7) members of the Territorial

Planning Commission and the members shall hold office so long as they

remain members of the Territorial Planning Commission. Commission members

shall serve without compensation except that each member shall be paid

a per them of twenty-fiv@ dollars ($25.00) for each day's attendance at

a meeting of the Commission. Each member shall also be allowed actual

expenses incurred in the discharge of his duties.

Section 2. Powers and Duties. The Connission may:

(a) Accept grants, contributions and appropriations;

(b) Employ and fix the compensation, in accordance with law,

of such professional, clerical and other assistants as may be necessary;

1-133

Government agencies, acquire lands, waters, interests therein with the

boundaries of the Seashore Reserve, by donation, purchase with donated

or appropriated funds, by exchange for gov::@rnment land, or transfer;
(2) Grant land use permits.
(3) Terminate a right of.use and occupancy retained

pursuant to this subsection upon a determination that such use and

occupancy isbeing exercised in a manner not consistent with the purpose

of this Chapter, and upon tender to the holder of the right an- amount

equal to the fair market value of that portion of the right which remains

unexpired on the date of termination.

M Contract for any professional services if such work or

services cannot satisfactorily be performed by its employees;
(e) Be sued and sue to obtain any remedy to restrain violattons

of this Act. Upon the request of the Commission, the Attorney General

shall provide necessary legal representation.

(f) Adopt any regulations or take any action it deems reasonable

and necessary to carry out the provisions of Chapter V-A. Section 13415,
(Public Law T2-108), but no regulations shall be adopted without prior

public hearing.

(g) Elect a Chairman;

(h) Appoi nt an Administrator who shall not be a member of the

Commission;

ARTICLE IV. OFFICERS

Section 1. Regular Officers. Regular officers of the Commission

shall be Chairman, Vice-Chairman and Administrator.

Section 2. Additional Officers and Assistant Officers. The

Commission may, by Resolution, appoint such additional officer or officers,

or assistant officer or officers, establish the terms of office of such

officers, and define the duties of such officers as the Commission may by

such Resolution determine necessary or desirable.

Section 3. Terms of Office. The terms of office for the

Chairman and Vice-Chairman shall be concurrent with their terms of office

as members of the Territorial Planning Commission. The term-of office

of the Administrator shall serve at the pleasure of the Commission.

1-134

Section 4. Vacancies. Should the office of Chairman and

Vice-ChairTnan be vacant, the Commission shall fill the vacancy by

election.

Section 5. Duties of Officers. f The Chairman shall preside

at. all meetings of the Commission. At such meetings, he shall submit

such proper information and recommendations to the Commission as he may

deem proper concerning the policies, administration, and other affairs

of the Commission. The Chairman shall sign all contracts and other

important documents and letters of the Commission upon approval of the

Commission in accordance with Article VI, Section 4, of these Rules and

Regulations.

The Vice-Chairman shall perform the duties of the Chairman in the absence

or incapacity of the Chairman.
The Administrator shall serve as administrative officer of the Coomission,

shall be directly responsible to it, and subject thereto shall have

complete control and responsibility for the execution of the Comission

policies, the administration of its affairs, and the furnishing of such
technical and clerical personnel, and office @acilities as may be

reasonably necessary.

Section 6. The officers of the Commission shall perform such

other duties and functions as may from time to time be appropriately

required by the Commission or the Rules and Regulations.

. ARTICLE V. INTERIM PEMIT CONTROL

Section 1. General Provisions. The Commission shall adopt a

permit application form which shall conform to the General provisions as

ennumerated in Section 13417 (a), Public Law 12-108, Seashore Reserve

Act, and all other applicable laws governing the area defined as the

Seashore Reserve.

Section 2. Permit Procedure.

(a) Acceptance of Application. Applications for the Territorial

Seashore Protection Commission shall meet all current requirements of the

Territorial Planning Commission and Public Law 12-108. Completed applications,

with seven (7) additional copies, shall be submitted to the Administrator

of the Commission in accordance with the Territorial Planning Commission

and Public Law 12-108 requirements.

1-135

(b) Filing Fee. The Commission shall require a reasonable

filing fee which shall be determined by the estimated cost of the project.
(c) After their acceptance by the Administrator, applications

shall be transmitted to the Territorial SO-ashore Protection Cammi3sion.

The Commission shall then hold at least one (1) hearing thereon in the

municipal district where the project is'located, such districts are

described in Chapter I of Title XIV of the Government Code, notice of time
and place of which shall be given by at least one (1) publication in
a newspaper of general circulation; at least ten (10) days before the

day of said hearing, and by mail to the Commissioner of the municipal

district concerned. The hearing shall be no -less than 21 nor more than

90 days after the date on which application is filed. All applications

should be submitted and reviewed by the Subdivision and Development

Review Committee prior to public hearing, All comments and evaluations

of the Subdivision and Development Review Committee should be presented

during the public hearing.
(d) The Commission.shall act upon the application for permit
within sixty (60) days after the conclusion of the hearing

ARTICLE VI. MEETING

Section 1. Regular Meetings. Meetings shall be held on the

second and fourth Thursdays of the month. If such meeting falls on a

legal holiday, the meeting shall be on the subsequent Tuesday.

Section 2. Special Meetings. Special meetings shall be held

at such time and places as the Commission may determine, or may be called

by the Chairman at such time and place as he may determine, and must be

called by him upon the written request of three or more members of the

Commission filed with the Administrator. Notice of such special meetings

must be given at least 24 hours prior to the time of said meeting, and

is to be given in writing, or in such form as the Chairman may direct.
Any and all business of the Commission may be transacted at such a

special meeting.
Section 3. Quorum Four (4) members of the Commission shall

co.nstitute a quorum for the purpose of conducting its business, exercising

its powers and for all other purposes.

1-136

Section 4. Voting. Every official act taken by the Commission

shall be adopted by four affirmative votes. Only positive motions will be

entertained.

Sect4on 5. Order of Business. At the regular meetings of the

Commission, the following shall be the order of business:

(1) Notation of attendance;

(2) Consideration of Seashore Protection Commission applications,

governed un.der the general provisions, Section 1, Article V of these Rules

and Regulations;

(3) Miscellaneous matters;

(4) Approval of Minutes not previously approved;

(5) Adjournment.

Section 6. Parliamentary Procedure. The Rules. Parliamentary
procedure set forth in Robert's Rules of Order shall govern all meetings-

of the Commission except as otherwise provided.

ARTICLE VII. AMENDMENTS

These Rules and Regulations may be amended by the Commission at any

regular or special meeting by a majority vote, provided that 70 days

public notice is provided.

Adopted on the 14th av of Auqus 1975

I certify that the foregoing is a true copy of the Rules and

Regulations of the Guam Territorial Seashore Protection Commission as
promulgated, effective Auqu st J4, 1975 . These Rules and

Regulations were in effect AuqUst 14, 1975 and continue in effect

as of the date of this certification.

RRES, ADMINIST TOR

1-137

GUAM, VIRGIN ISLANDS, AMERICAN SANOA
LAND JURISDICTION

PUBLIC LAW 23-435; 88 STAT. 1210

An Act to place certain submerged lands within the jurisdiction of the d
governments of Guam, the Virgin Islands, and American Samoa, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That:
(a) Subject to valid existing rights, all rights, title, and interest of
the United States in lands permanently or periodically covered by
tidal waters up to but not above the line of mean high tide and sea-
ward to a line three geographical miles distant from the coastlines of
the territories of Guam, the Virgin Islands, and American Sumoa, as
heretofore or hereafter modified by accretion, erosion, and relietion,
and in artificially matie, filled in, or reclaimed lands which were for
merly
(b)There are excepted from the transfer made by subsection(a)
hereof-
(i) all deposite of oil, gas, and other minerals, but the lerm
"minerals" shall not include oral, sand, and gravel;
(ii) all submerged lands adjacent to property owned by the
United States above the line of mean high tide:
(iii) all submerged lands adjarent to property above the
` line of mean high tide acquired by the United States by eminent
domain proceedings, purchas, exchange, or gift, after the date
of enactment of this Act, as required for completion of the
Department of the Navy Land Aequisition Project relative to the
construction of the Ammunition Pier authorized by the Military
construction Authorization Act. 1971 (84 Stal 1204). as amended
by section 201 of Military Construction Act, 1973 (8gStat.
1135)
(iv)all submerged lands filled in, built up,or otherwise re-
claimed by the United States, before the date of enactment of
this Act for its own use.
(v) all submerged lands that have herefore been deler-
part therof any structures or improvements constructed by the
United States:
(vi)all submerged lands that have herefore been deler-
mined by the President or the Congress to be of such scientific,
scenic, or historic character as to warrant preservation and ad-
ministration under ther provisions of the Act entilled "A7 Act to
establish a National Park Service, and for other puropses",ap-
proved August 25, 1916 (16 U.S.C.1 it seq.):
(vii)all submerged lands designated by the President within
one hundred and twenty days after the date of enactment of
this Act:
(viii) all submerged lands that are within the administrative
responsiblility of any agency or department of the United States
other than the DFepartment of the Interior;
(ix) all submerged lands lawfully acquired by persons other
than the United States through purchase, gift, exchange, or
otherewise:
(x)all submerged lands within the Virgin Islands National
Park established by the Act of August 2, 1966 (16 U.s.C.393
et neg.). uncluding the lands described in the Act of October 5,
1962 (16 U.S.C. 398e-398d): and
(xi) all submerged lands within Island Nation-
al Monument as described in Presidential 3448
dated December 38, 1966
Upon request of the Governor of Guam, the Virgin Islands, or Ameri-
can Samon the Secretary of the laterior stay with or without
bursement, and subject to the procedure specified in subtion
of this section convey of right, title, and interist of the United
States in any of the lands described in claused (ii), (iii),(iv), (v),
(vi), (vii), or (viii) of this subsection to the government of Guam,
the Virgin Islands or American S the case may be with the
` reacurrence of the agency having custody thereof.

1-138

(c) No conveyance shall be made by the Secretary pursuant to this
section until the expiration of sixty calendar days (excluding days
an which the House of Representatives or the Senate is not in session
because of an adjournment of more thnn three days to a day% certain)
from the date on which the Secretary of the Interior Submits to the
Committees on Interior and. Insular Affairs of the House of Repre-
sentatives and the Senate an explanitory statement indicating the
tract proposed to be conveyed and the lice%] therefor, unless prior to
the expiration of such sixty calendar days both committees inform
the Secretary that they wish to take no action with respect to the
proposed conveyance.
Sec. 2. (a) Nothing in this Act shall affect the right of the Presi-
dent to establish naval defensive sea areas and naval airspace
ervations around and over islands of Guam, American Samoa, and
the Virgin Islands when deemed neccesary for national defense.
(b) Nothing in this Act shall affect the use development, improve-
men'. or control by or under the constitutional authority of the
United States of the lands transfered by the first section of this
Act, and the navigable waters overlying such land,:, for the purposes
of navigation or flood control or the production of power, or be con-
strued as the release or relinquishment of any rights of the United
States arising under the constitutional authority of Congress to regu-
Late or improve navigation, or to provide for flood control or the pro-
duction of power.
(c) The United retains all of its navigational servitude and
rights in and powers of regulation and control of the lands con-
veyed by the first, section of this Act, and the navigable waters over-
lying such lands, for the constitutional purposes of commerce, nav-
igation, national defense, and international affairs. all of which.
shall be paramount to. but shall not be deemed to include, proprietary
rights of ownership. or the rights of management, administration.
leasing. use. and development of the lands and natural resources
which are specifically conveyed to the government of Guam, the
Virgin Islands, or American Samoa,as the case may be by the first
section of this Act.
(d) Nothing in this Art shall effect the status of lands beyond
the three mile limit described in section 1 of this Act.

Dec.3. Selection (b) of of the Revised Organic Act of
the Virgin Islans ( U.S.C 15 (b)) is amuled to read as fol-
low:
"(b) All right title and interest of the United States in the prop-
erly placed under the control of the goverment of the Virgin
Islands by section 4(a) of the Organic Act of the Virgin Islans of
the United States (48 U.S.C. 14056(a) not reserved to the United
States by the Secretary of the Interior within on hundred and twenty
days after the date of enactment of this subsection, is hereby con-
veyed to such goverment. The coaveyance effected by the proded-
ing sentence shall not apply to that land and other property which
on the date of enactment of this subsection is administered by the
Secretary of the Interior as part of the National Park System and
and , lands and other property shall be retained by the United
States."
Sec. 4. On and after the date of enactment of this Act, all rents.
royalties, or fees from leases,permits, or use rights, issued prior to
such date of enactment by the United States with respect to the
land conveyed by this Act; or by the amendment made by this Act.
and rights of action for damages for trispass occupaneies of such
lands shall aecrne and being to the appropriate local goverment
under whose jurisdiction the land is located.
Ec. 5. The first section and sections 2 and 3 of the Act entitled
"An Act to authorize the Secretary of the Interior to convey certain
submerged lands to governments of Guam, the Virgin Islans, and
aMERICNA sAMOS, AND FOR other purposes", approved November 20,
1963 (48 U.S.C. 1701-1703)," are repealed.
Sec. 6. No person shall be denied access to, or of the fenefits

PUBLIC LAW 86-664-JULY 14,1960

PUBLIC LAW 86-664
AN ACT
To grant to the government of Guam certain filled lands, submerge lands, and
tidelands.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is hereby
granted to the Government of Guam, without reimbursement, all of
the right,title, and interest of the United States in and to all of thos
lands, including filled lands, submerged lands, and tidelands, together
with all structures and improvements theron, located in Guam, and
constituting a portion of the area known as the Paseo de Dusana,
more particularly described as follows:
Beginning at a point, the coordinates of which are east 50,368.849
meters, north 50,439.428 meters, Land and Claims Commission 1945
treangulation system, said point of beginning being also on the mean
lower low water line--
thence due south a distance of 30.78 meters;
thence north 81 degrees 35 minutes west a distance of 17.48
meters;
thence north 81 degrees 44 minutes west a distance of 11.20
meters;
thence north 81 degrees 44 minutes west a distance of 11.20
meters;
thence north 78 degrees 15 minutes west a distance of 18.91
meters;
thence north 79 degrees 56 minutes west a distance of 14.65
meters;
thence north 73 degrees 20 minutes west a distance of 29.91
meters;
thence north 72 degrees 57 minutes west a distance of 18.35
meters;
thence north 60 degrees 57 minutes west a distance of 13.09
meters;
thence north 72 degrees 55 minutes west a distance of 22.27
meters;
thence north 60 degrees 03 minutes west a distance of 11.14
meters;
thenve north 44 degrees 56 minutes west a distance of 10.98
meters;
thence north 80 degrees 07 minutes west a distance of 6.29
meters;
thence north 78 degrees 50 minutes west a distance of 12.08
meters;
thence north 72 degrees 29 minutes west a distance of 17.11
meters;
thence north 86 degrees 48 minutes west a distance of 13.25
meters;
thence north 73 degrees 58 minutes west a distanve of 17.53
meters;
thence north 73 degrees 07 minutes west a distance of 11.19
meters;
thence north 64 degrees 44 minutes west a distance of 13.05
meters;
thence north 74 degrees 52 minutes west a distance of 19.69
meters;
thence north 70 degrees 16 minutes west a distance of 16.35
meters;
thence north 66 degrees 12 minures west a distance of 14.15
meters;
thence north 58 degrees 43 minutes west a distance of 12.71
meters;
thenve north 67 degrees 55 minutes west a distance of 12.08
meters;
thence north 69 degrees 48 minutes west a distance of 6.57
meters;
thence north 76 degrees 32 minutes west a distance of 6.44
meters;
thence north 69 degrees 49 minutes west a distance of 4.55
meters;
thence north 15 degrees 39 minutes west a distance of 14.61
meters;
thence north 03 degrees 13 minutes west a distance of 11.92
meters;
thence north 88 degrees 30 minutes west a distance of 24.95
meters;
thence north 32 degrees 24 minutes west a distance of 3.21
meters;

1-140

south 29 degrees: 7 minutes east a distance of 2
meters;
thence south 02 degrees 26 minutes east a distance of 3.05
meters;
thence south. 17 degrees 10 minutes west a distance of 4.88
meters;
thence north 89 degrees 19 minutes west a distance of 11.69
meters;
thence south 84 degrees-34 minutes west a distance of 30.74
meters;
thence South 84 degrees 40 MINUTes west a. distance of 6.57
meters;
thence south 66 -degrees 07 minutes west a distance of 12.32
meters to a point on the northerly right-of-way line of Marine
Drive;
thence westerly
along said line north 88 degrees 04 minutes
west a distance o 10.05 meters;
.thence leaving, said right-of-way Eno, north 14 degrees 09
minutes west a distance of 5.17 meters to a point on the seaward
side of the Agana Boat Basin wall, said point being also on the
mean lower low water line;
thence northeasterly and southeasterly a Jong said mean- lower
low water line to the point of beginning;
containing an area of 106,560 square meters or 26M acres, more or
IN&
Sac. 2. The property conveyed by the section 1 of this Act shall be
subject to the condition. th at t he property shall used stoley for
civic ark, and ion p and if it shall ever cease to
I for such pu or if the Government of Guam should
ever sell or other wise .sol d of such land or any part thereof, title
thereto shall revert to t e United States, which shall have the right
of immediate entry thereon.
SEC. 3. There is hereby granted to the Government of Guam all of the right, title, and interest of the United States in and to all of
those lands, including filled lands, submerged lands, and tidelands,
together with all structures and improvements thereon, located in
Guam, and known as the Agana Boat Basin, more particularly do-
scribed as follows:
Beginning at a int, the coordinates of which are east 49,927.762.
7.618 meters,LAnd and Claims Commission 1945
triangulation Susana said into being common to the boundary of
Paseo de Susana and described as a point on the seaward side of the
Agana )Boat Basin wall, said point also being on the mean lower low
water line-
thence along said wall, being also along said mean lower low
water line, south 88 degrees 53 minutes west a distance of 4,09
meters;
thence north 04 degrees 13 minutes west a distance of 15.35
meters;
thence south 89 degrees 22 minutes west a distance of 17.38
meters;
thence leaving said wall and mean lower low water line -south
12 degrees 17 minutes west a, distance of 18.15 meters;
thence south 00 21 minutes east a distance of 1.39 meters
to a point on the northerly right-of-way line of Marine Drive,
thence westerly along said line north 88 degrees
04 minutes west a distance of 207.ll meters;
thence leaving said northerly right-of-way line north 01 degrees
56 minutes east a distance of 126.95 meters;
thence south'88 degrees 04 minutes east a distance of 309.36
meters, more or less, to a point on the boundary of Paseo -do
Susana. and being on the mean lower low water line;
thence southerly and westerly along said mean lower low water
line and Agana Boat Basin wall to the point of beginning;
containing an area, of 33,635.52 square meters, or 8.23 acres, more or
SEC_ 4. The property conveyed by section 3 of this Act shall be
the condition that the property shall be used solely for civic,
park and recreational purposes, and as a boat basin, and if it shall
ever cease to be used for such or if the Government of Go-
should ever sell or otherwise =of such land or any part thereof,
title there to shall revert to the United States, which shall have the
riot of immediate entry thereon.
'Approved July.14, 1960.

1-141

ONGANIC AM

THE EXECUTIVE BRANCH
1422. Governor and Lieutenant Governor; term of
office; qualifications; powers and duties; annual report to
Congress. The executive power of Guam shall be vested in
an executive officer whose official title shall be the "Governor
of Guam." The Governor of Guam, together with the Lieutenant
Governor, shall be elected by a majority of the votes cast by the
people who are qualified to vote for the members of the Legis-
lature of Guam. The Governor and Lieutenant Governor shall
be chosen jointly, by the casting by each voter of a single vote
applicable to both offices. If no candidates receive a majority of
the votes cast in any election, on the fourteenth day thereafter
a runoff election shall be held between the candidates for Gov-
ernor and Lieutenant Governor receiving the highest and sec-
ond highest number of votes cast. The first election for Governor
and Lieutenant Governor shall be held on November 3, 1970.
Thereafter, beginning with the year 1974, the Governor and
Lieutenant Governor shall be elected every four (4) years at
the general election. The Governor and Lieutenant Governor
shall hold office for a term of four (4) years and until their
successors are elected and qualified.
No person who has been elected Governor for two (2) full suc-
cessive terms shall again be eligible to hold that office until
one (1) full term has intervened.
The term of the elected Governor and Lieutenant Governor
shall commence on the first Monday of January following the
date of election.
No person shall be eligible for election to the office of Gov-
ernor or Lieutenant Governor unless he is an eligible voter and
has been for five (5) consecutive years immediately preceding
the election a citizen of the United States and a bona fide resi-
dent of Guam and will be, at the time of taking office, at least
thirty (30) years of age. The Governor shall maintain his official
residence in Guam during his incumbency.
The Governor shall have general supervision and control of
all the departments, bureaus, agencies, and other instrumen-
talities of the executive branch of the government of Guam.
He may grant pardons and reprieves and remit fines and for-
feitures for offenses against local laws. He may veto any legisla-
tion as provided in this chapter. He shall appoint, and may
remove, all officers and employees of the executive branch of
the government of Guam, except as otherwise provided in this
or any other Act of Congress, or under the laws of Guam, and
shall commission all officers that he may be authorized to ap-
point. He shall be responsible for the faithful execution of the
laws of Guam and the laws of the United States applicable in
Guam..Whenever it. becomes necessary, in case of disaster, in-
vasion, insurrection. or rebellion, or imminent danger thereof,
or to prevent or suppress lawless violence, he may summob the
posse comitatus or call out the militia or request assistance of
the senior military or naval commander of the Armed Forces
of the United States in Guam, which may be given at the dis-
cretion of such commander if not disruptive of, or inconsistent
with, his Federal responsibilities. He may, in case of rebellion
or invasion, or imminent danger thereof, when the public safety
requires it, proclaim the island, insofar as it is under the juris-
diction of the government of Guam, to be under martial law.
The members of the Legislature shall meet forthwith on their
own initiative and may, by a two-thirds (IV3) vote, revoke such
proclamation.
The Governor shall make to the Secretary of the Interior
annual report of the transactions of the government of Guam
for transmission to the Congress and such other reports at such
other times as may be required by the Congress or under appli-
cable Federal law. He shall have the power to issue executive
orders and regulations not in conflict with any applicable law.
He may recommend bills to the Legislature and give expression
to his views on any matter before that body.
There is hereby established the office of Lieutenant Governor
of Guam. The Lieutenant Governor shall have such executive
powers and perform such duties as may be assigned to him by
the Governor or prescribed by this chapter or under the laws
of Guam. [As amended September 11, 1968, Pub.L. 90-497,
� 1, 82 Stat. 842.1

1-142

Bill No.

Introduced by

AN ACT TO ABOLISH THE CENTRAL
PLANNING COUNCIL.

1 BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF GUAM:

2 Section 1. Sections 62012 and 62013 of the Goverment Code of Guam,

3 establishing the Central Planning Council, are hereby repealed.

4 Section 2. Sections 62014, 62015 and 62016 are hereby renumbered

5 respectively 62012, 62013and 62014 and all references to "Council" in such

6 sections are amended to "Bureau."

7 Section 3. Section 6 2017 is hereby r enumbered to 62015 and amended as

8 follows:

9 "Section 620175. Bureau of Planning. There is created within

10 the Office of the Governor, the Bureau of Planning, (hereinafter

11 referred to as BP) to serve as staff for the council and to

12 administer central planning functions. The director of the BP

13 person who as a result of his training, experience,and

14 person who as a result of his training, experience, and

15 attainments is exceptionally well qualified to analyze and

16 interpret development trends and information of all kinds, to

17 appraise and coordinate planning programs and supervise the

18 execution of the responsibilities of the Council Bureau in

19 accordance with the policies set forth in this Chapter. The

20 Director's salary shall be not less than Twenty Sox Thousand

21 Dollars ($26,000) Twenty Nine Thousand Nine Hundred Dollars

22 ($29,900) per annum. He shall be responsible for the administration

23 of this chapter and shall supervise the BP staff. which, in addition

24 to ists regular duties, shall serve the Council."

25 Section 4. Section 62019 is hereby renumbered to 62017 and subpart (f) of

26 such section is repealed.

27 Subsections 62013 (a), (c), (d) and (f) are hereby renumbered respectively

28 to 62017 (f), (j), (k) and (1).

29 section 5. Sections 62018, 62020 and 26021 are hereby renumbered

30 respectively to 62016, 62018 and 62019.

1-143

Bill No.

Introduced by.

AN ACT TO AMEND THE DEFINITION OF THE
SEASHORE RESERVE.

1 BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF GUAM:

2 Section 1. Section 13412(c) of the Government Code of Guam is repealed

3 and reenacted to read:

4 11(c) 'Seashore Reserve' means that land and water area

5 of Guam extending seaward to the ten fathom contour, including

6 all offshore islands within the Government's jurisdiction in

7 their entirety and extending inland to such boundaries as are

8 delineated on the official Seashore Reserve Map."

1-144

GOVERNMENT OF GUAM
AGANA. GUAM 96910

Z
June 20, 1978 Ph

7978
PLA,Ytv OF

Memorandum

To: Director, Bureau of Planning

Via: kttorney General

From: 3pecial Assistant Attorney General

Subject: Rule Making and Regulatory Authority
of the Territorial,Planning Commission

You have asked our opinion as to the ability of the
Territorial Planning Commission ("TPC") to promulgate
rules and regulations implementing certain passages of
a Coastal Zone Management Program ("CZM Program") as
described in the Coastal Zone Management Act of 1972
as amended (16 U.S.C. S�1451-64). In particular,
you desire to know if Section 13204 of the Government
Code of Guam (1970) as amended, has vest ,ed the TPC
with authority to promulgate rules and regulations
categorizing all lands of the Territory of Guam in
one of four major land use districts, providing for
zoning within those districts, establishing standards
for development within the districts, establishing
mechanisms for reassigning lands from one district
to another, and designating areas of particular
concern.

1-145

Memo to Bureau of Planning
June 20, 1978
Page 2

Section 13204 reads is follows:

The Territorial Planning Commission
is authorized to make reasonable
rules, not inconsistent with the
provisions of this Title, for the
conduct of its business.

Although we are unable to give a definitive answer,
we are of the opinion of the section is a mere dele-
gation of an authority to promulgate procedures and
rules concerning those matters over which the TPC
has been given'jurisdiction by the Legislature. We
do not believe that the Legislature intended to
delegate any power to make good policy decisions by
enacting the provision and we believe that the quoted
statutory provision constitutes authority too slender
to support the program which is contemplated. Ordi-
narily, it must be clear on its face that the Legis-
lature intended to delegate authority for the .
administrative action taken, or the action is highly
suspect.

However, in recent discussions with Bureau of Planning
personnel, it has been suggested that Section 18003 of
the Government Code of Guam (1970) as amended, may
constitute sufficient authority for promulgation of
the desired regulations. lie agree.

Section 18003 provides in pertinent part that:

"Whe Commission shall prescribe
and adopt such rules and regulations,
which shall include, but not be
limited to, specifications and
standards for development of sub-
division, as are, in its judgment,
necessary to effectuate the pur-
poses and intent of this Title.
Such rules and regulations may
provide for delegation of functions
of review and inspection of proposed,
tentative and final plans and maps,
and of subdivisionsr,to other
agencies and departments of the
Government."

Memo to Bureau of Planning
June 20, 1978
Page 3

Section 18001 of the Government Code of Guam (1970)
as amended, sets forth the intent of the Legislature
in enacting the Title XIX in the following language:

"The purpose of this Title and of any
rules, regulations, specifications and
standards adopted, pursuant thereto, is
to control and regulate the development
and/or subdivision of any land for any
purpose whatsover. Such control and
regulation is determined to be necessary
to provide for the orderly growth and
harmonious development of the territory;
to assure adequate traffic circulation
throu gh coordinated street, road and
highway systems; to achieve individual
property lots of maximum utility and
livability; to secure adequate pro-
visions for water supply, drainage,
sanitary sewerage and other health
requirements; to permit the con-
veyance of land by accurate legal
descriptions; and to provide
logical procedures for the achieve-
ment of this purpose."

We think that the delegation accords the*TPC a b road
range of choices in approach to the problems it must
solve, and we find nothing in the Zoning Code or the
Subdivision Law which would preclude the TPC from
adopting the mechanism required by the statute as a
CZM Program. It already has promulgated broad
regulations governing land development and land
use and these regulations might well form the
nucleus of a CZM Program. Introduction of the
concept of the area of particular concern into
the structure seems entirely permissable.

1-147

Memo to Bureau of Planning
June 20, 1978
Page 4

Similarly, we think that the TPC can base*its regu-
latory decisions on the tentative land use map, even
though the Legislature has not yet given final appro-
val to the map. Any subsequent legislative action
approving, amending or disapproving the map would
be binding on the TPC from that point on, but as an
interim measure we find nothing that would preclude
the TPC from adopting the map as a basis for its
decisions.

MILES 0. SMITh

1-148

APPENDIX 2. SUMMARY TABLES, CZM LAND-USE OPINION SURVEY

Table 1: Regional Attitudes Conceming
shoreline Development
(in percentages)
North South Total
%estions Yes No, No Op Yes No No Op Yes No No Op
1. Residential Development 58 28 14 54 26 20- 57 28 16
should be strictly limited -
2. Tourism Development should 46 43 11 46 31 23 46 41 13
be strictly limited 1 1
3. Business and Industrial 52 36 12 48 35 17 52 36 12
Development should be
strictly limited

Table 2: Regional Attitudes Concerning the Adequacy
of the Shoreline Protection Act
(in percentages)

Shoreline Protection Act -North South Total
1. 30 feet is enough 6 77 7
2. The distance should depend on things like type 40 43 40
of land, existing buildings, or road locations.
3. Should be 300 feet 26 18 25
4. No permit should be required 3 4
5.--NO Opinion 25 24 24.

2-1

Table 3: A Comparison of the 1976 and 1977 Surveys
(in percentages)

1976 Totals 7977 Totals
Questions Yes No No Op Yes No No Op
1. Limit Residential Development - 59 26 16 57 28 15
2. Limit Tourist 06velopment 38 40 22 46 41 13
3. Limit Business and Industrial 57 27 16 62 36 12
Development

Table 4: Regional Attitudes Concerning the
Location of Specific Land Uses
(in percentages)

North South Total
Questions Yes No No Op Yes No No Op Yes No No
00
1. Object to hotel develop- 49 44 7 39 53 8 47 45 8
ment near home
2. ObJect.to-other Resort 36 58 6 32 61 7 35 58 7
Facilities near home
3. Object to a new housing 27 65 8 32 58 10 2a 64 8
development near home
4. Object to major business 30 63 7 31 63 6 30 63 7
establishment near home-

Table 5: Regional Attitudes Concerning Beach Access
(in percentages)

North South Total
Questions Yes NO NO 00 Y15S NO No OR Yes No -No ap
1. Public Access should be
guaranteed along the 76 12 12 63 12 25 73 13 15
coastline
2. Owners of coastal property
should be allowed to refuse 30 54 16 23 6`1 16 29 55 16
access to adjacent beaches
3. Have you ever been-turned 27 69 3 30 65 5 2a 68 4
awM from Private beaches

2-2

Table 6: Regional Attitudes Concerning the Quantity
and Quality of Recreational Facilities and Areas
(in percentages)

North South Total
Questions Yes No No Op Yes No No OP Yes Ho No Op
1. Are there enough coastal 19 72 9 14 73 13 19 72 10
recreational facilitigs now
2. Have you gone to a beach 62 35 3 72 25 3 64 34 2
or park in the past month
3. Should there be more 80 13 7 76 8 16 79 12 9
beaches and swinning areas
4. Should there be more parks 89 6 5 88 1 11 89 5 6
and picnic areas
S. Should we build more walk- 86 8 6 85 S. 10 86 7 7
ing trails and scenic overlooks 1
6. Should the government 48 32 20 1 43 30 27 47 32 2,1
spend tax money to-build
marinas and boat launching ramps
7. Are public beaches and 76 16 8 72 14 14 75 16 9
shorelines dirty and littered
8. Should military beaches 63 24 13 75 12 13 65 22 13
be opened to the public
9. Should the goverment 75 14 11 59 26 15 72 16 12
spend tax money to clean-
up public beaches

Table 7: Regional Attitudes Concerning
Fishing and Fish Control
(in percentages)
North South Total
Questions Yes No No Oo Yes No No Oo Yes No No OP
1. Does any member of your 29 68 3 51 45 4 32 65 3
household go fishinLVqu.-larly
2. Should there be laws that 45 42 13 32 58 10 43 45 12
restrict fishing and coral
collecting

2-3

Table 8: Regional Attitudes Toward Compensation
For Losses Incurred Through
Development Controls
(in percentages)

North South Total
Questions NA* Yes No No Op NA* Yes No No Oc NA* Yes No No Op
T. Should govern-
ment pay for 28 58 7 7 27 56 7 10 27 58 7 8
losses
2. Should govern-
ment exchange 28 59 6 7 27 59 4 10 28 59 6 7
land for losses I I

Those answering "no" on the question rela ting to compensating
property owners are affected by government controls.

Table 9: Some Reasons for Not Attending
Public Hearings
(in percentages)
Why Didn't You Attend? North South Total
1. Not-Applicable 19 32 21
2. Waste of Time 6 10 7
3. My Opinion Would Not be Used 4 3 3,
4. Inconvenient Time 25 25 25
5. Did Not Affect Me PersonallY 13 13 13
6. Too Technical 2 2
7. Other 31 is 29

Table 10: Appropriate Time for Public Hearings
(in percentages)
North South Total
Questions Yes No No Op Yes No No OPIYes No No Op
1. Weekday.-Evenings 48 32 20 40 41 79 46 34 20
2. ekends; 51 31 - 18 52 28 21 ___ 57 30 19

2-4

Table 11- Regional Attitudes Toward
Participation Mechanisms
(in percentages)

North South Total
- Questions Yes No No Do Yes No No Op Yes No' No Op
1. Do public hearings provide 38. 24 38 35 35 30 37 26 37
opportunities to voice opinions
2. Does your village commis- 23 65 12 32 59 9 25 64 11
sioner know Your ooinion

Table 12: Regional Attitudes Toward Various
Participatory Mechanisms
(in percentages)
Now Should Planners Identify North South Total
Future Village Needs Yes No No Op Yes No No OP o Op
1. Ask commissioner 74 IS 8 74 12 14 74 17 9
2. Ask"church 36 49 15 20 57 23 33 So 17
3. Village meetings 87 4 -9 79 6 15 85 5 10
4. Appoint a village 67 20 13 56 22 22 65' 20 15
representative
S. Ask civic groups 65 19 16 40 37 23 61 22
6. Form speci al advisory 73 13 14 50 27 23 7C 15 15
committees

2-5

APPENDIX 3. NATIONAL AND GUAM REGISTERS OF HISTORIC PLACES

NATIONAL REGISTER OF HISTORIC PLACES

NAME DATE NO.

INCLUDED: Pagat Site, Yigo Mar 13, 1974 66-04-0022
Plaza de Espana, Agana May 01, 1974 66-01-1070
Fort San Jose, Umatac May.01, 1974 66-02-1001
Memorial Beach Park, Asan Aug 07, 1974 66-01-1091
Fort Santa Agueda, Agana Aug 30, 1974 66-01-1068
San Dionisio Church Ruins, Umatac Aug 30, 1974 66-02-1024
Fort Santo Angel, Umatac Aug 30, 1974 66-02-1074
Agana Spanish Bridge Sep 06, 1974 .66-01-1069
Taleyfac Spanish Bridge, Agat Sep 10, 1974 66-02-1071
Merizo Conbento Sep 17, 1974 66-06-1067
Taelayag Spanish Bridge, Agat Oct 10, 1974 66-02-1072
Fort Soledad, Umatac Oct 18, 1974 66-02-1073
Sella Bay, Umatac Nov 08, 1974 66-02-0125
Spanish Dikes, Agana Nov 19, 1974 66-01-1006
Fafai Beach, Tumon Nov 19, 1974 66-04-0002
Gadao's Cave, Inarajan Nov 19, 1974 66-05-0142
Haputo Site, Dededo Nov 20, 1974 66-08-0007
Cetti Bay, Umatac Nov 21, 1974 66-02-0127
Fouha Bay, Umatac Nov 21, 1974. 66-02-0128
Mochom Site, Mangilao Dec 04, 1974 66-04-0025
Inarajan Ridge Site Dec 04, 1974 66-05-0075
West Atate Site, Inarajan Dec 04, 1974 66-09-0109
Nomna Bay, Inarajan Dec 27, 1974 6'6-05-0092
Uruno Site, Dededo Dec 27, 1974 66-08-0010
Uruno Beach Site, Dededo Dec 27, 1974 66-08-0011
Jinapsan Site, Yigo Dec 27, 1974 66-08-0014
Talofofo River Valley Site, Inarajan Dec 27, 1974 66-09-0077
North Inarajan Site Feb 21, 1975 66-05-0107
South Talofofo Site Feb 24, 1975 66-09-0068
Hill 40, Agat Mar 04, 1975 66-02-1048
Agat Invasion Beach Mar 04, 1975 66-02-1054
Matgue Valley, Asan-Piti Apr 03, 1975 66-01-1050
SMS Cormoran, Apra Harbor Apr 04, 1975 66-03-1037
Merizo Bell Tower May 29, 1975 66-06-1013
Piti Coastal Defense Guns Dec 04,- 1975 66-03-1046
Orote Air Field, Naval Station Jun 18, 1975 66-03-1066
Asan Ridge Battle Area Jul 18, 1975 66-01-1056
Achugao Bay, Umatac Aug 19, 1975 66-2-0123
South Finegayan Latte Stone Park Sep 05, 1975 66-08-0141
Padre- San Vitores Site, Tumon Oct 31, 1975 66-04-1007
Agaga Beach, Umatac ' Jun 11, 1975 66-02-0124
Mataguac Hill Command Post Jun 10, 1975 66-08-1062
Asquiroga Cave May 06, 1976 66-09-0069
Dungca's Beach Defense Guns, Tamuning Ded 22, 1976 66-01-1105
Jose P. Lujan House, Agana Oct 06 1977 66-01-1115
Inarajan,Village Nov 06,.1977 66-05-2001

NOMINATED: Asan Invasion Beach Mar 10, 1975 66-01-1055
Pan American Hotel, Naval Station Apr 01, 1975 66-03-1042
Cable Station, Naval Station Apr 01, 1975 66-03-1043
Hilaan Site, Dededo Apr 01, 1975 66-08-0005

Anao Site May 04, 1977 66-07-0018
South Pulantat Site Aug 04, 1977 66-09-0037B
Janum Site Aug 04, 1977 66-07-0019
Cueto Site Aug 04, 1977 66-06-0140
Asmaile Point Site Sep 21, 1977 66-05-0112
Machadgon Point Site Sep 21, 1977 66-06-0130
Japanese Submarine Sep 21, 1977 66-03-1088
Mt. Tenjo Fortifications Sep 21, 1977 66-03-1086
Malolos Site Oct 05, 1977 66-09-0091
Orote Historical Complex Oct 05, 1977 66-02-1009.
Bona Site (Naval Magazine) Oct 05, 1977 66-02-0145
Yokoi's Cave Oct 05, 1977 66-09-1047
Taogam Complex Aug 03, 1977 66-06-0144

3-1

GUAM REGISTER OF HISTORIC PLACES

NAME DATE NO.

INCLUSION: Lujuna Site, Yigo Jun 05, 1974 66-04-0020
Pagat Site, Yigo Jun:-05, 1974 66-04-0022
Mochom Site, Mangilao Jun 05, 1974 66-04-0025
Maputo Site, Dededo Jun 05, 1974 66-08-0007
Uruno Beach Site, Dededo Jun 05 1974 66-08-0011
South Mochom Site, Mangilao Jul 03, 1974 66-04-0030
Nomna Bay Site, Inarajan Jul 03, 1974 66-05-0092
Falcona Beach Site, Dededo Jul 03, 1974 66-08-0009
Pajon Point Site. Yigo Jul 03, 1974 66-8-0013
Jinapsan Site, Yigo Jul 03, 1974 66-08-0014
Talofofo Site Jul 03 1974 66-09-0053
Cormoran Monument, Agana Jul 24, 1974 66-01-1039
Fort San Jose, Umatac Jul 24, 1974 66-02-1001
Sella Bay Spanish Bridge, Umatac Jul 24, 1974 66-02-1002
SMS Cormoran, Apra Harbor Jul 24, 1974 66-03-1037
Inarajan Falls Site Jul 24, 1974 66-05-0105
Pati Point Site, Yigo Jul 24, 1974 66-07-0016
Hilaan Site, Dededo Jul 24, 1974 66-08-0005
Uruno Site, Dededo Jul 24, 1974 66-08-0010
NCS Latte Site. Dededo Jul 24, 1974 66-08-0141
Talofofo River Valley Site Jul 24, 1974 66-09-0077
Abong Beach, Umatac Aug 14, 1974 66-02-0126
Padre San Vitores Shrine, Tumon Aug 14, 1974 66-04-1007
Tarague Beach Site, Yigo Aug 14, 1974 66-07-0015
Ritidian Site, Dededo Aug 14, 1974 66-08-0012
Jalaiha Point Site, Inarajan Aug 14, 1974 66-09-0093
West Atate Site, Inarajan Aug 14, 1974 66-09-0109
Asiga Beach, Inarajan Aug 14, 1974 66-09-0110
Ylig River Site, Yona Aug 14, 1974 66-09-0139
Inarajan Ridge Site Aug 14, 1974 66-05-0075
Spanish Dikes, Agana Sep 04, 1974 66-01-1006
Sumay Cemetery, Naval Station Sep 04, 1974 66-03-1041
Gadao's Cave, Inarajan Sep 04, 1974 66-05-0142
Sella Bay Spanish Oven, Umatac Sep 24, 1974 66-02-1008
Sella Bay, Umatac Sep 24, 1974 66-02-0125
Cetti Bay, Umatac Sep 24, 1974 66-02-0127
Fouha Bay, Umatac Sep 24, 1974 66-02-0128
Fafai Beach, Tumon Sep 24, 1974 66-04-0002
Matgue Valley, Asan-Piti Oct 15, 1974 66-01-1050
Hill 40, Agat Oct 15, 1974 66-02-1048
Agat Invasion Beach Oct.15, 1974 66-02-1054
Pan American Hotel, Naval Station Oct 15, 1974 66-03-1042
Cable Station, Naval Station Oct 15, 1974 66-03-1043
San Dionisio Catholic Church, Umatac Nov 12, 1974 66-02-1024
North Inarajan Site Nov 12, 1974 66-05-0107

3-2

GUAM REGISTER OF HISTORIC PLACES
(cont.)

NAME DATE NO.

INCLUDED: St. Joseph's Catholic Church, Inarajan Nov 12, 1974 66-05-1021
South Talofofo Site Nov 12, 1974 66-09-0068
Agana Spanish Bridge Dec 03, 1974 66-01-1069
Taleyfac Spanish Bridge, Agat Dec 03, 1974 66-02-1071
Taelayag Spanish Bridge, Agat Dec 03, 1974 66-02-1072
Inarajan Baptist Church Dec 03, 1974 66-05-1034
Fort Santa Agueda, Agana Jan 21, 1975 66-01-1068
Plaza de Espana, Agana Jan 21, 1975 66-01-1070
Memorial Beach Park, Asan Jan 21, 1975 66-01-1091
Fort Soledad, Umatac Jan 21, 1975 66-02-1073
Asan Invasion Beach Feb 20, 1975 66-01-1055
Mt. Al'ifan Battle Site Feb 20, 1975 66-02-1049
Orote Field Feb 20, 1975 66-03-1066
Merizo Bell Tower Feb 20, 1975 66-06-1013
Merizo Conbento Feb 20, 1975 66-06-1067
Asan Ridge Battle Area Apr 17, 1975 66-01-1056
Achugao Bay Apr 17, 1975 66-02-0123
Agaga Beach Apr 17, 1975 66-02-0124
Mataguac Hill Command Post Apr 17, 1975 66-08-1062
Piti Coastal Defense Guns Apr 17, 1975 66-03-1046
Fort Santo Angel May 08, 1975 66-02-1074
San Dionisio Church May 08, 1975 66-02-1024
Toguan Bay Site May 08, 1975 66-06-0131
Fonte Plateau Jun 05, 1975 66-01-1057
Last Japanese High Command Post Jun 05. 1975 66-01-1063
Magellan Monument Jun 05, 1975 66-02-1011
Umatac Ridge Jun 05, 1975 66-02-0133
North Cetti Bay Jun 05, 1975 66-02-0134
Atantano Shrine Jun 05, 1975 66-03-1012
Asquiroga Cave Jun 05, 1975 66-09-0069
Dungca's Beach Guns Oct 02, 1975 66-01-1105
Inarajan Village Mar 23, 1977 66-05-2001
Jose P. Lujan House May 4, 1977 66-01-1115
Anao Site May 4, 1977 66-07-0018
South Pulantat Site Aug 3, 1977 66-09-0037B
Janum Site Aug 3, 1977 66-07-0010
Creto Site Aug 3 1977 66-06-0140
Asmaile Point Site Sep 21, 1977 66-05-0112
Machadgon Point Site Sep 21, 1977 66-06-0130
Japanese Submarine Sep 21, 7977 66-03-1088
Mt. Tenjo Fortifications Sep 21, 1977 66-03-1086
Malolos Site Oct 05, 1977 66-09-0091
Orote Historical Complex Oct 05, 1977 66-03-1009
Bona Site (Naval Magazine) Oct-05, 1977 66-02-0145
Yokoi's Cave Oct 05, 1977 66-09-1047
Merlyn G. took School Feb 21, 1978 '66-06-1123
Taogam Complex May 09, 1978 66-01-0148

3-3

APPENDIX 4. LISTS OF ENDANGERED AND THREATENED PLANT

AND ANIMAL SPECIES ON GUAM

Local List of
Endangered and Threatened Plant Species on Guam*

A. Endangered Species - taxa whose numbers have been reduced to a
critical level or whose habitats have been so drastically
reduced that they are deemed to be in immediate danger of
extinction.**

B. Threatened Species - taxa believed likely to move into the
endangered category in the near future if serious adverse
factors continue operating.

Endangered Species Threatened Species

Alyxia torresiana Avicennia marina var. alba
Angiopteris durvilleana Bruguiera gymnorrhiza
Barringtonia samoensis Cerbera dilivtata
Barringtonia racemosa Elaeocarpus sphaericus
Calanthe furcata Heritiera longipetiolata
Canthium odoratum Leucaena insularum var. guamense
Capparis cordifolia Lumnitzera. littorea
Cyathea lunulata Nephrolepis acutifolia
Derringia amaranthoides, Ophioglossum pendulum
Dendrocnide latifolia Rhizophora apiculata
Dodonaea viscosa Rhizophora mucronata
Drypetes dolichocarpa Suriana maritima
Eugenia bryanii Tacca leontopetaloides
Excoecaria agalocha Vigna marina
Fagraea galilai
Grewia crenata
Hernandia labyrinthica
Lycopodium phlegmaria
Maesa sp.
Melothria guamensis,
Merrilliodendron megacarpum
Morinda umbellata
?4yoporum boninense
Nervilia aragoana
Pisonia umbellifera
Portulaca pilosa
Potamogeton lucens
Psychotria rotensis
Serianthes nelsonii
Streblus pendulinus
Strongylodon sp.
Tabernaemontana rotensis,
Tarenna sambucina
Terminalia littoralis
Trema orientalis var. viridis
Tristiropsis acutangula
Xylosma nelsonii

*List prepared by Philip H. Moore.

Red Data Book Categories. International Union for the Conservation of NaturL,

4-1

Rare Native Wildlife Species of Guam
(Possible Candidates for Protection Under the Endangered Species Act of 1973)

Mammals

Pteropodidae.- Fruit Bats

Pteropus mariannus mariannus - Marianas Fruit Bat
Pteropus.tokudae - Ei-ttle Marianas Fruit Bat

Emballonuridae - Sheath-tailed Bats

Emballonura sulcata - Short-tailed Emballonura

Birds

Rallidae - Rails, Gallinules and Coots

Rallus owstoni - Guam Rail
Gallinula chlo-ropus - Common Gallinule

Muscicapidae - Thrushes, Old World Flycatchers & Warblers

Miagra oceanica - Micronesian Broadbill

Zosteropidae - White-eyes

Zosterops conspicillata - Bridled White-eye

Columbidae - Pigeons and Doves

Gallicolumba xanthanura White-throated Ground Dove
Ptilinopus roge-Icapillus Marianas Fruit Dove

Apodidae - Swifts

Callocalia vanikorensis bartschi - Edible Nest
Swiftlet

Corvidae - Crows and Jays

Corvus kubaryi - Marianas Crow

Alcedinidae - Kingfishers

Halcyon cinnamomina - Micronesian Kingfisher

Native Species Possibly Extinct on Guam

Antidae - Ducks, Geese and Swans

*Anas oustaleti - Marianas Mallard

Megapodidae - Megapodes

*Megapodius laperouse - Micronesian Megapode

Rallidae - Rails, Gallinules and Coots

Poliolimnas cinereus - White-browed Rail

Huscicapidae - Thrushes, Old World Flycatchers and Warblers

*Acrocephalus luscinia - Nightingale Reed Warbler

)as
(See Following Page)
*Currently on the Federal List of Endangered and Threatened Wildlife

4-2

1.The list of Endangered and is amended by adding the green, log turtles to the list. alphabetically.
Threatened Wildlife in 50 CFR 17.11 gerhead and olive (Pacific) ridley sea under "Reptiles" as indicated below;

SPECIES RANGE
Portion of
Scientific Known range where
Common Name Name Population Distribution threatened or When
on dangered Status Listed

Reptiles:
Turtle, Leatherback son
Turtle, Green Chelonia mydas Wherever foun Circumglobal in Entire T
exept in those tropical and
areas where it is temperate areas
` listed as endan- and aceana
gored as set
forth below

Turtle, Green Cholanta mydas Breeding All state
colony watern of Florida
populations including
in Florida Mutchingon
and on the and Jupiter
Pacific enant Islands: and
of Mexico including the
Gulf of
California

Turtle, Logger- Caretta caretta N/A Circumglobal in Entire T
head See tropical and
temperate seas
and oceans

Turtle, Olive
(pacific) Lepidocholys Wherever Circumglobal in Entire T
nidley Sea olivacea found tropical and
except temperato seas
in those and oceans
areas whoro
it is listed
as endangered
set forth
below

Turtle,
Olive (Pacific) Lepidochelys Breeding Pacific coast Entire E
Redley Sea oilvacea colony of Mexico
` population including the
in Pacifc Gulf of
Coast of California
Mexico

FEDERAL REGISTER, VOL 43, NO. 146-FRIDAY, JULY 28, 1978

APPENDIX 5. RELATIONSKIP OF AGENCIES UNDER CURRENT PROGRAMS

Relationship of Agencies-Under Current Programs

The following chart outlines the interrelationships of various Federal and

Territorial agencies involved in land-use management related programs and

activities. Agency abbreviations are as follows.

Guam Environmental Protection Agency (GEPA)
Department of Public Works (DPW)

Department of Public Health & Social Services (DPHSS)
Public Utility Agency of Guam (PUAG)

Department of Parks and Recreation (DPR)
Department of Agriculture (DA)
Department of Land Management (DLM)
Bureau of Planning (BOP)
Guam Power Authority (GPA)

Department of Public Safety (DPS)
U.S. Army Corps of Engineers (USCE)
U.S. Environmental Protection Agency (USEPA)

Matrix of Present Activities and Interrelationships

LTnd: Agencies Involved
Major Responsibility Comments
x Involved 4J
a 9; on
+ Occasionally Involved 4) di
NA CC relationships between
Ln W W 81. activities
Program and Activity x C
=C
LU CL L) W
a. A. _J 0 4J Ln in
Cz C3 Q a- Q LC n Q0 CD 0 LA_ cc

1. GEPA Safe Drinking water
Program
well drillers license
wall drilling permit
well operating permit x
x
supervise well sealing
Ln water system operator joint with wastewater oper-
certification ators

2. GEPA conuftunity wastewater
Program
NPDES permit Jinc.
thermal) x
Wastewater treatment
plant oper. permit x
WWTP Operator Certif. Joint with water operators
Comments oft cleaning
and grading permits @ x see no. 10
Comments on Corps navi-
gabla wator permits 0 see no. 15

3. GEPA Ttidividual Wuutowator
Program
Sewer connection permit x x ..p4rt of building permit
process

Le end: Agencies Involved
@ Major Responsibility Comments
x Involved 4J
a c; on
+ Occasionally Involved 0) 0)
Am cri . < relationships between
tA Lo 4) > Ui a. activities
Program and Acti 2: < W X 0. $A L 4J U W
vity W O_ G_ _j C) a. .- 4J V3 V1
LD Q C3 to W in U.

3. GEVA Individual Wastewater
Program (cont.)
Septic tank permit x part of building permit pro-
clearance for Occupancy cess
Permit part of building permit pro-
cess

4. GEPA Air Program
Stationary source con-
struption permit G
Stationary source
operation permit
Motor vehicle emission
enforcement X
� Fugitive dust supressiol -.
� Openburning x
� nlasi:lng x

S. GEPA Solid Waste Program
Authorized dumping site.4 x

Leqend: Agencies Involved
6 Major Responsibility Cormients
x Involved 4J
on
+ Occasionally Involved relationships between
V1 to UJ a- activities
m X Ix Mr, a. U UJ
Program and Activity n. O_ I M -cc --1 01 +J Ln (A
LD en gal al AM C3 Im 03 Lo M U. cc

6. GEPA Pesticide Program
� Pesticides registration x PIFRA, rules and regulations
� Pesticide dealers lic- being enforced by GEPA until
ense x qEPA rules and regulations
� Pesticide applicators promulgated and implemented
license x

7. GEPA Areawide Wastewater No permits are issued but
Management Planning x + x . . . + + x a comprehensive water qualit r
management plan is being
developed based on input
from public and indicated
agencies

S. GEPA Environmfintal Impact
Program
� Federal-EXA/CIS . . . . . . . x x Projects involving Federal
land, money or permits.
� Guam EIS Not now required.

Leard- Agencies Involved
Major Responsibility Comments
x Involved 4J
a on
+ Occasionally Involved 4) 0
Cn (j < relationships between
Cc (A di >_ LU a- activities
a- __ X (A I- +j U W
Proqram and AcUYLt_X Ui 0- n. -4 0 D_ a- -- +j Ln
cz C3 o CL 40 n C3 co LD C) LA.

9. GEPA Monitoring services
Division
Certification of water
analysis laboratories x x x

10. DPW Building Permits and
Inspection Program
Building permit x + x + + x x + + +
Clearing and grading
permit x +
Certificate of occu- Part of building permit
pancy x @ x process; GEPA clearance is
Sign permits a prerequisite
x Part of building permit pro-
Road crossing permits x case
Elevator permits

DPHSS
Health permits + + + Par food establishments,
barbershops, laundries, chiL
care cantors, hotels, ate.
11calt1i certificates + For amployces of the abovo
establishments

Le nd: Agencies Involved
'@Xe Major Responsibility Comments
x Involved 4J on
91 C@
+ Occasionally Involved 4) ou
L6 Q W, relationships between
CA (a 4C
ac W- (U > Ui a. activities
1: CL ac (A &- V U Ui
Proqram and Activity -J 0 Ln V1
CD co

12 PUAG
Wastewater grants x x
Wastewater loans x

13 Department of Parkq And.
Recreation
Historical clearance x + x
+

14 Department of Agriculture
Agricultural leasing x Law re.pealed 1975
Fishing licenses
Hunting licenses
Forest cutting-permit
Animal and plant im-
porting permit x USDA

15 Department of Land Manag .e-
ment
Land mse permits x )t Law repoaled 1975
submerged land permits x A
Seashore protection x x x x W DR PC
Zoning -change/variance 3C x x x x 1C. SDRC/TPC
Subdivision approval/
yariance X-1 X I I X I x -1 10 1 Y.I SDRC/TPC

Le nd: Agencies Involved.
'S Major Responsibility Coitments
x Involved 4j
0 9@ on
+ Occasionally Involved W W
0 C J, cc relationships between
V1 to W > Ui 0- activities
X CL 4A I- *j U Uj
Proaram-and Activity Ui (A. 0. a. C) a. .- 4J iA LA
to C3 Ca a- C3 Ca io Co LD 1Z LA-

Department of Land Manage-
ment (cont.)
USCE permits for
dredging or fill or
structures in navigabla
waters x x + DLM coordinates Government/
Guam input

APPENDIX-6. GUAM ENVIRONMENTAL PROTECTION AGENCY

PROGRAMS AND RESPONSIBILITIES

Envirolim*exit-
Related
Program Au thori ty Mandated Activities Present Activities

GEPA GCG Guam Pesticides Act Rules and regulations
Pesticides Title LXI promulgated.
Program Chap'l, V1
Sect. 57124 Issue experimental use Enforce applicable rules
permits to test pesticides and regulations.
Sect. 57125 Requires pesticide registra.
tion for foreign-made
.pesticides
Sect. 57127 Licensing pesticide dealers
Sect. 57129 Pesticide labeling requi're-
meats

Sect. 57130 Requires coloration of
certain pesticides

Sect. 57132 Provides for "stop-sale"
and"rembval from sale"
orders

Sect. 57133 Allows banning of pesticidei

GEPA Public Law Prepare and update the Increase public awareness and
Area wide 92-500 Water Quality Management Plan input in water planning,
Idastewater Sect. 208 Infuse water quality goals and
,management objectives into island plan-
Planning ning.

Environmental management.

Non-point source analysis and
abatement strategies.

Plan preparation.
GEPA Governor of Designated GEPA as clear- Reviews and comments on all
Environmental Guam, Circular inghouse for EIA/EIS EIA/EIS that will receive
Impact No..112, 6 NOV federal funds. or require
Program '76 federal permits.

GCG
Title V1 Designates Lieutenant All requests for federal funds
Chap V Governor as clearing house go to Lt. Gov. office,
for all federal aid pro-
grams for Guam

6-1

Environment
Related Authority Mandated Activities Present Activities
Program

GEPA GCG
Individual Title LXI
Wastewater Chapt. I,II,
Program III, IV

Sect. 57061 Requires toilet and sewage Issue Permits in accordance
facilities for buildings with mandate and regulations
occupied as a dwelling, for sewer connections and
school, public bldg. septic tanks.
commercial bldg. industrial
bldg. or place of assembly

Sect. 57062 Maintenance of toilet and
sewOrage system responsi-
bility of owner of property
Sect. 57063 Rules for types of sewerage Inspect individual sewerage
facilities and time al- systems; house to house sur-
lowed to connect to a veys.
sewer after it first be-
comes available
Sect. 57064 Requires inspection and Review UPW Building Permit
approval by GEPA of all Applications
sewerage facilities. Uo Issue form letter clearance
issuance of building per- for DPW to issue Certificate
mit or certificate of of Occupancy.'
occupancy without prior
compliance with Sect.
Executive Ord Regulations for the Connec- Holds bi-weekly meetings with
73-9 tion of toilet and sewer PUAG. DLM and DPW to work
facilities to public sewers out solutions to mutual
problems.
Sect. 57065 to Standards-for various types Perform inspections.
57072 of sewerage facilities in-
cluding inspection and
approval of facilities be-
-jore covering-

UTPA Afr GCG Air Pollution Control Act Air Pollution Control Regula-
Program Title LXI tions and Standards setup.
Chap 1, V Notice of violation letters
and stop work orders issued.

GEPA GCG Solid Waste Management and Working on regulations.
Solid Waste Title LXI Litter Control Act.
Program Chap 1, VIII Will da waste management
Issue permits for operation plans per Federal Waste
of solid waste collection, Recovery Act.
transport, processing and
disposal activities.

Issue citations for litter-

6-2

EnVironment
Related Authority Mandated Activities Present Activities
Program

Guam EPA GCG
Safe Drinkin. Title LXi
I-later PrOTan Chaps 1,11.IIII
& X.

Sect. 57022 Well drillers license
Issued according to mandate
Sect. 57023 Well drilling oermit And regulations.

Sect. 57024 I-Jell operating permit Required for new and old
ifells (see Chaps Q and
28 of regulations).

Sect. 57029 Supervise sealing of wells as-described in Chap 32 of
to be abandoned regulations.

Sect. 57234 Certification of operators being implemented.
of portable.water systems

Guam EPA GCG Receives applications for
Communi ty Title LXI 201 grant funds.
Wastewater Chap. I,II,
Program III, IV, x

Sect. 57045 Issue permits to control Certify f1PDES Permits.
pollution of any waters
of the territory Soil Erosion and Sediment
Control Regulations and
Sect. 57047 Issue water quality Standards promulgated.
standards
Rules for Protection. Develop
Sect. 57048, Authorized to enforce ment and Conservation of.
57050 Water Pollution Control Water Resources promulgated.
Act. provides for mis-
demeanor penalties Enforcement Letters for
$1000 /day. Notice of Violation and Stop
Work Orders.
Sect. 57064 Requires inspection and
approval by GEPA of all
sewerage facilities.

Sect. 57234 Certification of operators Being implemented.
of wastewater facilities

Comments on clearing and
grading permit applications.
Requires environmental pro-
tection plan by developers.

6-3

Environment
Related Authority Mandated Activities Present Activities
Program

GEPA Water GCG
Monitoring Title LXI
Services Chap II, III
Division Sect. 57027 Authorizes inspection and Well sampling for potable wa-
57046, 57049 taking of water samples ter and recreational water
including emergency uses
procedures Spot analysis of water distri-
bution system

Sect. 57103, Sampling for air contami- Monitor stationary sources of
57706, nation and air pollution air pollution when conditions
57109 of stationary and porta- exist for pollution
ble sources of air pollu-
tion, including emergency
procedures

6-4

APPENDIX 7. BACKGROUND MATERIALS

BACKGROUND MATERIALS

A Summary of Major Reports Completed by the Bureau of Planning

Analysis of Results, CZM Land- Use OPI nion Survey
An analysis of the results bti ned f rom a survey questionaire distributed
to 931 residents. Attitudes concern seashore development, recreational
facilities, property ownership and citizen participation.
Aquaculture and Its Potential Environmental Imp?ct onfGuam's Coastal Waters
An analysis of the potential for vari ous kinds 0 aquaculture development
on Guam with discussion of developable species, environmental impacts and
necessary water quality controls. Areas for potential aquaculture"deve-
lopment are mapped.

Atlas of the Reefs and Beaches of Guam
An investigation of the coast and shallow reefs of Guam, including loca-
tions and geologic descriptions of reef platforms, rocky shorelines, and
locations, extent, slope and composition of beaches. This study com-
pletly maps the shoreline and shallow reefs of Guam.

Beach Access on Guam
A discussion of access to all beaches on Guam, problems areas and mapped
identification of beaches,

The Current Status and Distribution of the Marianas Fruit Bat on Guam
A study of the ecology and population of fruit bats with mapping
of critical habitats.

An Ecological Survey of Pristine Terrestrial Communities on Guam
Provides area descriptions, species lists and maps of terrestrial areas
that are essential for the protection of endangered and threatened
species or are unique, relatively untouched representatives of character-
istic Guam terrestrial ecological communities.

The Extent of Coral, Shell and Algal Harvest ing in Guam Waters
A study,of living marine resources, 0thr A n fish, which are being
harvested from shallow offshore areas of Guam. Includes.extensive lists
of exploited species, location maps, existing legislation, and recom-
mendations for resource development and conservation requirements.

Five-Year Eco?
.piattnve,lTopment Strategy
An Ident c economic development constraints and potentials and
formulation of programs and policies for development within five sectors:
federal government, tourism, agriculture, fisheries, and industry.

Future Power Production and Transmission Iternative Pla s, lug USA
A descripFTon of existing private, iede ral and GovGu:. fa,.Ii ties for
the production of power; including power plants, fuel lines, fuel tanks,
transmission lines, etc. Future expansion needs and locations are
discussed.

Guam Coastal Planning Bibliography
A bibliography of most written research materials concerning Guam, arranged
according to subject matter in a numbered code system. Includes authors,
number of pages, dates, cross references and location of available copies.

Guam Inventory of Planning Information and Addendum
An inventory of plans, reports, surveys and data bases about Guam. Includes
a short description of each published source. Entries are arranged by sub-
ject areas in three volumes and an addendum.

Guam's Reefs and Beaches, Part 11
Sedimentation studies at Fouha Bay and Ylig Bay which assess the
impacts of sedimentation on the diversity of corals within offshore
reef communities and transect studies of marine life in five marine
bays of Guam.

7-1

Guam's Visitor Industry' @nt!ca?omic Assessment
A compilation of stat s Ic data obtained from a survey questionaire
distributed to tourists, with 1,300 respondents providing the data base.
Data addresses expectations, ratings of recreational and entertainment
facilities, expenditures, length of stay, visitor profiles and preferred
attractions.

A Guide to Chang s n laws Relative.to Land and Water Use, 1969-76
A prsentat!,oniof changes in Guam's code of laws relative to land and
water use during this time period.

Growth Policy for Guam
A discussion of the factors relating to the development of Guam's economy.
General policies discuss environment, culture and lifestyle, agriculture
and light industry.

An Inventory of Present and Pro ted Coastal Land and Water Uses on Guam
of Gu...!ec
An identification existing coastal water uses, such as
recreationl, waste disposal, urban renewal projects and others. Includes
extensive maps and tables of existing and proposed seashore activities
by categories and projects, with maps.

Mechanisms for Land-Use Control on Guam
A compilation of data pertaining to regulatory land-use controls on Guam
with discussion and flow charts of permitting procedures for such acti-
vities as zoning variances, building permits, subdivisions and PUDs,
COE permits, agricultural leases; with actual permit forms and guidelines
included in the report.

Overall Economic Development Plan
A discussion of development proposals for the federal Economic Development
Administration. Programs to stimulate Guam's economy include those for
agriculture, tourism, Commercial Port, Guam International.Air Terminal and
water resources.

Planning for the Impacts of Guam Energy Facili U Expansion
Tn_ assessment oTenergy facilities and their projected expansion
with strategies for mitigation of adverse impacts.

Population Projections
A brief report containing methodology, tables and graphs of popuTatron
projections for Guam to the year 2000. Three different population
projections are compared to give a reasonable estimate of population growth.
Residential Development P?Iicy Report
An extensive discusson of gu sing with chapters adressing problems, current
housing stock, Guam's households today and tomorrowp residential development
opportunities and contraints, Policy alternatives and recommendations.
Resources and Projections: Availability of San-d-as Fine Aggregate for Engineering
Construction in Guam
A discussi3n of-the best sources of aggregates and fine sand on Guam with
a map of the distribution of hard limestone, granular limestone, beach sand
and lagoonal deposits.

Shoreline Erosion on Guam
A position paper discussing the types of coastline represented on Guam
and the limited potential for shoreline erosion problems.

Street Atlas of Guam
The first official reference map of all streets on the island, including
location of major public use facilities. This document was published
as a guide for government agencies and the public sector.
Studies on the Biol)oqv of the Reef Fishes of Guam and Distribution of
Fishes on the Reef F
A two-part stTdY of-the distribution of fish and the eggs and larvae
of fish and other marine life at selected sites.

A Summary of Major Federal Land Holdings in the Territory of Guam
A listing of locations, areas and uses of federal lands on Guam.
Survey and_Species Inven 'ory of R!pre-,entativePristine Marine Communities on Guam
Describes and maps those ma rne areas that are essential for theprotection
of endangered and threatened species or are relatively untouched representa-
tives of characteristic Guam marine ecological communities.

7-2

Survey of Edible Marine Shellfish and Sea Urchins on the Reefs of Guam
A study of the ecology, populations and distribution of shelTfish
and sea urchins utilized for home consumption.

Territorial Emergency Plan and Vulnerability Study Series
A presentation of inter-agency response procedures and mechanisms for
disaster preparedness and building codes in relation to hazard analysis
studies for such potential disasters as typhoons, floods and earthquakes.

7-3

GAYLORDiNo. 2333 PRINTED I'@Z'U.SA.

-1 3 6668 1410