Spain's Valencia fast-tracks soil law allowing tourism in protected land

The Valencian regional government is urgently processing a new Soil Law, a 400-article text that allows authorizing tourist uses on protected non-urbanizable land and makes Community Interest Declarations (DIC) permanent. The Legal Advisory Council identified 53 essential observations, provisions it deemed contrary to law.

At the request of the Valencian Government, the Presidium of the Corts Valencianes decided to process the new Soil Law of the Valencian Community via urgency. The text comprises 400 articles and received 53 essential observations from the Legal Advisory Council (CJC), meaning provisions the advisory body considered directly contrary to law. The urgency procedure significantly limits citizen participation through amendments.

## What the text permits on protected land

The regulation establishes that on protected non-urbanizable land, only uses or exploitations expressly provided for in the sectoral legislation that motivated their protection, or in urban planning, may be authorized. These will be subject to license or declaration of community interest, as appropriate.

When protection derives from sectoral legislation, uses and exploitations must comply with the regime established by that legislation. Acts altering the natural state of the terrain may only be authorized within the terms expressly permitted by such regulations.

## DICs no longer expire after 30 years

Another relevant change concerns the regime of Community Interest Declarations, regulated in articles 72 and 73. Until now, they had a temporary character with a maximum duration of 30 years. With the new text, they become permanent.

The CJC requested that this permanence be clearly justified. The DIC figure has been used in the Valencian Community to authorize singular actions on non-urbanizable land, ranging from facilities to tourist or residential developments.

## Urgency and fewer amendments

Processing via urgency reduces deadlines and, consequently, the margin for submitting amendments. The text reaches the Corts with 400 articles and a CJC report highlighting 53 essential observations.

The regulation affects protected non-urbanizable land, a category in the Valencian Community that includes spaces with sectoral protection, such as those derived from coastal, water, or natural space legislation. Any authorization of tourist uses on these terrains is conditioned by what the legislation that motivated the protection permits.