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 Puerto Rico Highway Right-of-Way Permit (3-PR-c)

Information current as of 2023
In Puerto Rico, a developer may need an Approval for Construction from the Puerto Rico Department of Transportation and Public Works (DTOP) to build underground or aerial electric power lines that cross the highway. P.R. Laws tit. 9, § 2601; P.R. Reg. No. 3836, §§ 2.01(18), (23). “Utilities” means “facilities for water, electricity and communication services.” P.R. Reg. No. 3836, § 2.01(37). The Puerto Rico Department of Transportation and Public Works regulates highway rights-of-way pursuant to P.R. Laws tit. 9, § 2601 and Regulation No. 3836, Regulation for Certification of Plans for Construction.



Puerto Rico Highway Right-of-Way Permit Process


3-PR-c.1 – Is the Project a Solution to a Situation Created by a Declared State of Emergency?

A developer may be allowed to forgo standard approval and permitting processes for transmission projects and instead comply with chapter 2.5 of the P.R. Reg. No. 9233, Joint Regulation 2020 (Joint Regulation 2020) if the project is a solution to a situation created by a declared state of emergency. Projects that may use these alternative procedures include:

  • Emergency situations or events involving works, projects, or programs that do not require the issuance of any permit, recommendation, consultation or certification, will be governed by the provisions of the Executive Order issued by the Governor of Puerto Rico declaring a state of emergency.
  • Any public work that is for the repair of a work directly affected by the emergency, will be exempt from obtaining a building permit, provided that the damage does not exceed fifty percent of the replacement value. If the work is to be considered for federal funding, it must comply with the requirements of federal agencies such as FEMA.
  • Any work intended to restore infrastructure affected by an emergency or natural disaster will be exempt from environmental compliance.
  • Any work or activity carried out to restore or rehabilitate infrastructure directly affected by an emergency or natural disaster will be exempt from the processes of construction permits, general permits or any other permit required at the State level by decree of the Governor and the President of the United States and must therefore comply with the requirements of the Federal agencies involved in the emergency situation. Joint Regulation 2020 § 2.5.1.4.

3-PR-c.2 to 3-PR-c.3 –Waiver Application

The developer must submit a Waiver Application (Application) to the Puerto Rico Department of Economic Development and Commerce’s Permit’s Management Office (OGPe) Permit Unit during a Legal Pre-Consultation. The Application must include the following:

  • The location of the project in accordance with Rule 2.1.6 of Joint Regulation 2020 (State Plane Coordinates System);
  • An explanatory report detailing that the project complies with the provisions of the Order issued by the Governor of Puerto Rico or the President of the United States of America that declares a state of emergency;
  • An explanation of how the project solves or lessens the declared state of emergency;
  • A certification, if applicable, that the project qualifies as a Categorical Exclusion (CATEX). If the project does not qualify as a CATEX, the applicable environmental document must be submitted;
    • Note: Any work meant to reestablish the infrastructure affected by an emergency or natural disaster is exempt from environmental compliance; and

If the developer is also required to provide evidence of environmental compliance along with the Application, it must include the following:

  • The location of the project in accordance with Rule 2.1.6 of Joint Regulation 2020 (State Plane Coordinates System);
  • Blueprints that show:
    • Property boundary lines and physical elements, including borders, setbacks, access, internal service and maintenance roads and highways, substations, transmission lines, distribution lines and other accessory structures, among others; and
    • Proposed changes to the land where the project is to be located, levels, vegetation to be removed, proposed plantations, and exterior lighting;
  • An Explanatory Memorandum that discusses:
    • The nature of the project, the context in which it is proposed, applicable laws, regulations, public policy, land use or management plans, susceptibility to flooding of the property, proposed infrastructure and any other aspect deemed necessary;
    • The benefit that the community will obtain if the proposed project is approved, and how the project solves or alleviates the declared state of emergency or responds to public interest;
    • Any variation or exception requested must be justified in accordance with the applicable regulatory provisions;
    • Description of the property in which the action is planned, the surface area occupied by the activity, by the constructions, and facilities and its fundamental characteristics; and
    • Identification of all state or local roads that will be used during the construction, operation, and maintenance of the facilities.
  • If the project is on publicly owned land, the proponent will submit evidence that it is the owner of the property or that is appropriately authorized to develop it.
  • If the project is on privately owned land, the proponent will submit reliable evidence that it has notified the owner of the property, such as a letter sent by e-mail, regular mail, direct notification or public notice in a newspaper of general circulation that includes the cadastral number, physical address, and name of the owner if available. Joint Regulation 2020 §§ 2.5.3.3.

Alternatively, the developer may submit the applicable form on the OGPe web portal to provide evidence that they already circulated the required environmental documents to the relevant agencies. Joint Regulation 2020 §§ 2.5.3.4.

3-PR-c.4 – Issue Recommendation to Interagency Fast Track Environmental Compliance Sub-Committee (If Applicable)

If the developer was required to submit an environmental document as part of the Waiver Application, the OGPe’s Division of Evaluation of Environmental Compliance (DECA) will have ten workdays from when the document is filed to provide a recommendation to the Interagency Fast Track Environmental Compliance Sub-Committee (Sub-Committee), which is formed by the Executive Order declaring the emergency. This timeline may be extended up to 45 days by the Sub-Committee to harmonize the timeline with the realistic completion of the required studies or the actual planned start date of the project construction. DECA, the Sub-Committee, or the Permit Unit may request additional information related to the evaluation of the environmental documents. Joint Regulation 2020 §§ 2.5.2.2.

3-PR-c.5 – Provide Notice of the Project

The developer must provide notice of the project in two (2) general circulation newspapers and also provide a sign giving notice at the location of the project.

3-PR-c.6 to 3-PR-c.9 – Publish Notice of Public Hearing (If Applicable)

The Permit Unit must publish notice of a public hearing if it determines that a public hearing on the Application is relevant or necessary to perform its duties. Joint Regulation 2020 §§ 2.5.3.3, 2.5.3.5. Anyone who has a legitimate interest in the Application may provide comments at the hearing held by the OGPe Examining Officer. Any party may also submit written comments within three (3) days of the end of the hearing. Once the hearing concludes and all comments have been received, the OGPe Examining Officer must submit their report to the OGPe Adjudicatory Board within two (2) days. Joint Regulation 2020 §§ 2.5.3.3, 2.5.3.5.

3-PR-c.10 to 3-PR-c.12 – Review Application for Approval

The Permit Unit must issue a decision within five (5) workdays on whether the project qualifies for the waiver under the Joint Regulation. Joint Regulation 2020 § 2.5.2.1. If OGPe does not provide a response to the Application within five (5) workdays, it is understood that there is no recommendation regarding the project. Qualifying projects are exempt from may fees required for the granting of permits, recommendations, consultations, or certifications. Joint Regulation 2020 §§ 2.5.2.1–2.

3-PR-c.13 to 3-PR-c.14 – Appeal (Optional)

Any party adversely affected by the final determination of the OGPe Adjudicatory Board may appeal the decision. Joint Regulation 2020 § 2.5.3.6. If the developer does not receive a waiver, they must continue to the standard permit process.

3-PR-c.15 – Consult with the OGPe

The developer must consult with the OGPe’s Puerto Rico Administration of Regulations and Permits (ARPE) at a preliminary stage to ensure that the project conforms to planning regulations and ARPE. P.R. Reg. No. 3836, § 2.01(10).

3-PR-c.16 – Submit Preliminary Plans

The developer must submit three copies of the preliminary plans for any public utility project that affects state highways, such as the installation, removal, or relocation of electrical energy facilities to the Puerto Rico Department of Transportation and Public Works (DTOP). P.R. Reg. No. 3836, § 3.05.

3-PR-c.17 – Obtain Certification from Designer

The developer must obtain certification of plans from the designer responsible for the preparation or design of the plan for the project. P.R. Reg. No. 3836, § 3.02.

3-PR-c.18 – Obtain Specialist Certification from Engineer

The developer must obtain a specialist certification of plans from the engineer or architect responsible for the preparation or design of the plan for the project. P.R. Reg. No. 3836, § 3.03.

3-PR-c.19 – Application for Approval for Construction

The developer must submit an Application for Approval for Construction (Application) to DTOP. The Application must include the following, unless any of the following was already submitted during the process to obtain certification of the plans:

  • Five (5) sets of construction plans;
  • Two (2) copies of the technical specifications that complete the construction plans that are detailed and with specific instructions on any construction method, materials, and equipment to be used in such a way as to guarantee the best execution of the work;
  • Two (2) copies of the budget or cost estimate, broken down and detailed by the different construction units involved in the project;
  • Proof that the project has the approval of a location consultation of the Planning Board and/or the approval of a preliminary project of the Administration of Regulations and Permits;
  • Proof of conformity or acceptance of the owners or adjoining land to be developed in cases where their properties are affected by accesses, slopes, discharges of concentrated rainwater or due to easement. This document should be notarized;
  • Observations on soil conditions or a report on subsurface conditions where a study is indicated;
  • The certifications from an authorized professional in Puerto Rico (e.g. a designer or engineer);
  • The professional seal and the signature of the designer in all the sheets of the plans as well as the developer’s signature on each document;
  • If the engineer or architect is authorized to practice their profession in the Commonwealth of Puerto Rico through a special permit issued by the Examining Board of Engineers, Architects and Surveyors, under the provisions of Article 28 (b) of Law Number 399 of May 10, 1951), a copy of said special permit; and

The developer must also pay a deposit at the same time as they submit the Application. P.R. Reg. No. 3836, § 7.02.

3-PR-c.20 to 3-PR-c.21 – Review Application for Completeness

The Department must review the Application for administrative and technical completeness. If the Application is found to be incomplete, the Department must return the Application to the developer with a comparison sheet that outlines any information or documentation that was missing from the Application. P.R. Reg. No. 3614, § V.

3-PR-c.22 to 3-PR-c.23 – Review Application for Approval

The Department must review the Application for approval. The Department must make a decision within 45 days of receiving a complete Application. P.R. Reg. No. 3614, § IV.

3-PR-c.24 to 3-PR-c.25 – Approval for Construction

During the construction of a project, the inspector must submit reports monthly, if not more frequently, based on regular inspections of the project during construction. Any certifications or monthly reports must be included within the Department’s file for the project, and the inspector must submit a final certification at the end of the project’s construction documenting the monthly monitoring. P.R. Reg. No. 3836, §§ 4.02, 4.04(3). The certification must include:

  • The full name, age, marital status, profession and license number of the inspector;
  • Dates on the application number and the date of issue of the certification;
  • The full name and license number of the project holder who certifies the plans (developer). P.R. Reg. No. 3836, § 4.03.

3-PR-c.26 to 3-PR-c.28– Request Preliminary Approval of Built Works

The developer must request an inspection of the completed work to obtain a Preliminary Approval of the built works. The developer must correct any deficiencies revealed by the inspection within 60 days. P.R. Laws Ann. Tit. 9 § 2601.

3-PR-c.29 to 3-PR-c.32 – Request Final Approval of Built Works

The developer must request an inspection for final approval within four months of the date of the preliminary approval. If the final approval finds no deficiencies, the bond provided at the time of application is released back to the developer. If deficiencies are found, DTOP will use the bond to correct the issues. P.R. Laws Ann. Tit. 9 § 2601.


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