78 beach resorts found violating easement law
DUMAGUETE CITY — Inventory of beach resorts in Negros Oriental showed that at least 78 of them may have violated the easement law, under the Water Code of the Philippines.
Provincial Environment and Natural Resources Officer (PENRO) Charlie Fabre confirmed to The FREEMAN that concerned local government units were already notified to validate the compliance or non-compliance of these establishments and structures with their zoning ordinances.
Initial inventory conducted by the technical division of DENR in the province, headed by Viernov Grefalde, showed that 78 structures, along the coastal areas from Bais City to Basay town, may have violated the Water Code of the Philippines, although these findings need confirmation from the LGUs themselves if the constructed establishments are outside or inside the easement zone.
Fabre said that, if proven to be inside the easement zone, the DENR will issue a notice of violation or a cease and desist order against the resort, which however has the option to voluntarily demolish its buildings before government action is undertaken.
Under the country’s Water Code, concrete and permanent commercial or industrial structures are prohibited from being constructed from an area of three meters from the shoreline (during high tide) depending on the zoning ordinance of the LGU. Exempted are movable structures, which should follow the 20-meter easement for agricultural area and 40 meters from timberland or forest land.
Fabre said most violations are found in Dauin town where beach resorts mushroomed, as well as in the towns of Bacong, Sibulan, Amlan, and San Jose. A few of them are in Tanjay and Bais cities.
Inventory in the first district of the province has been going on, and PENRO is given up to the end of this month to submit reports and to act on its findings.
This developed as a public consultation is expected in Apo Island as a protected area regarding the easement law and the Water Code due to possible violations. Fabre however clarified, that the 20-meter-plus-5 prohibition is only applicable in Boracay.