How far back from the sea you must build: two and a half times the height

They are the final three sections of Rule 6.4.2 of Chapter 6.4 of Joint Regulation No. 9473. Section 6.4.2.8 sets buildings’ setback from the maritime-terrestrial limit and its exemptions for urban zones. Section 6.4.2.9 governs concessions, the conditions under which the Junta Adjudicativa or the Planning Board may reduce that setback. And Section 6.4.2.10 requires the shadow study that must accompany every concession application. Together they are the rules deciding how far from the sea and at what height one may build in the coastal zone.

The setback rule applies to every building to be erected, built, relocated or extended within a distance of four hundred metres of the limit of the maritime-terrestrial zone as determined by the DRNA. The partial exemptions apply only to urban zones and in the three cases the section enumerates. The concession of total setback exemption applies solely to buildings proposed for port, fishing, marina or similar installations whose proposed use obligatorily requires greater proximity to the maritime-terrestrial zone because it is directly related to the sea. The open-spaces concession applies to buildings proposed on lots bordering the maritime-terrestrial zone in any urban zoning district. And the shadow study accompanies every concession application.

• Every building within four hundred metres of the limit of the maritime-terrestrial zone as determined by the DRNA: observing a minimum setback of two and a half times its height, measured horizontally from its base or wall nearest the maritime-terrestrial zone to that limit.Verified against the official source
• Measuring the height from ground level at the base or wall nearest the maritime-terrestrial zone.Verified against the official source
• That this setback not be less than the fifty-metre setback established by Section 6.4.2.2.Verified against the official source
• In the exemption for the urban lot authorised before the Regulation: that the proposed building comply to the maximum possible degree with the setback requirement, standing as far as possible from the maritime-terrestrial zone, and that the minimum required rear yard be provided.Verified against the official source
• In the exemption with buildings on both sides within one hundred metres: that the proposed building not exceed the average height determined by drawing an imaginary line between the highest points of the buildings sited on both sides of the lot.Verified against the official source
• In the exemption with a building on only one side within one hundred metres: that the maximum height equal the mathematical average between the existing building’s actual height and an estimated height resulting from dividing the proposed structure’s setback by two and a half, and that the minimum setback equal that of the existing structure.Verified against the official source
• For the open-spaces concession: providing open spaces free of visual obstruction on each side of the building whose sum, measured parallel to the coast, equals fifty per cent or more of the linear dimension of the lot’s side bordering the maritime-terrestrial zone.Verified against the official source
• That those open spaces be parts of the first storey or of any other part whose elevation does not exceed one metre above the ground, without obstructing the view toward the coast; and that parking areas where a car produces an elevation of one metre or more measured from kerb level not count as open spaces.Verified against the official source
• For the public-improvements concession: investing at least an amount of money equal to five per cent of the construction cost of the part of the building exceeding the required height, in physical improvements dedicated to public uses not otherwise required by this or any other regulation.Verified against the official source
• That those physical improvements harmonise with the sector’s best urban development, be related exclusively to the recreational use of the maritime shore, be of utility and be dedicated to the enjoyment of the general public.Verified against the official source

• Shadow studies demonstrating that the area within the maritime zone will not receive shadow for more than one hour on any day of the year during the hours of ten in the morning to four in the afternoon, which must accompany every concession application.
• DRNA determination of the maritime-terrestrial zone limit, from which the setback and the four-hundred-metre distance are measured.

1. 1

   Step 1: Why the setback exists

   The regulation declares the purpose before giving the number: to prevent the shadows some buildings cast on Puerto Rico’s coast and beaches from hindering their optimal use. It is not an aesthetic or density rule: it is a shadow rule. And that is why the setback is computed on the building’s height and not on the lot’s size.

2. 2

   Step 2: The four-hundred-metre rule

   Every building to be erected, built, relocated or extended within a distance of four hundred metres of the limit of the maritime-terrestrial zone, as determined by the DRNA, shall observe a minimum setback, measured horizontally from its base or wall nearest the maritime-terrestrial zone to that limit, of two and a half times its height, and that measure shall be taken from ground level at that base or wall. Note what triggers the rule: not that the lot touches the sea, but that the building is within those four hundred metres. And it adds a floor: this setback shall not be less than the fifty-metre setback established by Section 6.4.2.2, which is the sum of the twenty metres of strip dedicated to public use and the thirty adjoining metres without permanent structures.

3. 3

   Step 3: The numbers in practice

   Since the setback is two and a half times the height and never less than fifty metres, there is a point where one rule takes over from the other. Up to twenty metres of height, the fifty-metre floor governs. A twenty-metre building asks for exactly fifty. Above that the formula governs: twenty-five metres of height ask for sixty-two and a half metres of setback; thirty metres ask for seventy-five; forty metres ask for one hundred. That is why, on a coastal lot, the height and the lot’s depth are the same problem.

4. 4

   Step 4: The old urban lot exemption

   For urban zones, and as an alternative to fully complying with the general provision, the Junta Adjudicativa or the Planning Board may partially exempt compliance in three cases. The first is where it is a lot whose formation and urban qualification were authorised by the Planning Board before the Regulation’s effective date, and for which the required setback does not allow its use in accordance with what the sector’s zoning permits. In that case OGPe shall ensure the proposed building complies to the maximum possible degree with the setback requirement, standing as far as possible from the maritime-terrestrial zone, provided the minimum required rear yard is provided. It is not a dispensation: it is an obligation to come as close as little as possible.

5. 5

   Step 5: When there are buildings on both sides

   The second case is where buildings exist on both sides of the proposed building, within a distance of one hundred metres on each side of the lot, measured parallel to the coast’s edge, and whose setback is less than that required in this section in relation to each existing building’s height. The proposed building may have a height not exceeding the average height determined by drawing an imaginary line between the highest points of the buildings sited on both sides of the lot, and the setback may be the average of that of the existing buildings. It is the rule that allows completing an already-built coastal frontage without breaking its profile.

6. 6

   Step 6: When there is a building on one side only

   The third case is where a building exists on only one side of the proposed building, within a distance of one hundred metres measured parallel to the coast’s edge, whose setback is less than that required in this section in relation to the existing building’s height. Here the arithmetic differs: the proposed building may have a maximum height equal to the mathematical average between the existing building’s actual height and an estimated height resulting from dividing the proposed structure’s setback by two and a half. And the minimum setback to be permitted shall equal that of the existing structure.

7. 7

   Step 7: The only total setback exemption

   Section 6.4.2.9 opens the concessions, which reduce the required setback where certain conditions occur and Rule 6.4.1 is complied with. The first is for uses that need the sea: where they are buildings proposed for port, fishing, marina or similar installations, whose proposed use obligatorily requires greater proximity to the maritime-terrestrial zone because that use is directly related to the sea. And the regulation underlines it: this will be the only case in which a total exemption from observing a setback from the maritime-terrestrial zone may be granted. Everything else, at most, reduces.

8. 8

   Step 8: The open-spaces concession

   The second concession trades setback for views. It applies where they are buildings proposed to be built on lots bordering the maritime-terrestrial zone, in any urban zoning district, and open spaces free of visual obstruction are provided on each side of the proposed building whose sum of that linear distance, measured parallel to the coast, equals fifty per cent or more of the linear dimension of the lot’s side bordering the maritime-terrestrial zone. The regulation defines what counts: open spaces are those parts of the building’s first storey, or of any other part of it, whose elevation does not exceed one metre above the ground, provided they do not obstruct the view toward the coast. And it defines what does not: parts of the lot used as parking areas where a car produces an elevation of one metre or more measured from kerb level shall not be accepted as open spaces.

9. 9

   Step 9: The public-improvements concession

   The third applies where they are buildings proposed in any urban zoning district where at least an amount of money equal to five per cent of the construction cost of the part of the building exceeding the required height is invested in physical improvements dedicated to public uses, not otherwise required by this or any other regulation. Those improvements must harmonise with the best urban development for the particular sector, be related exclusively to the recreational use of the maritime shore, and be of utility and dedicated to the enjoyment of the general public. Their design shall be duly integrated with the topography and other natural elements, with the existing or permitted uses of neighbouring properties, and with existing or projected public installations.

10. 10

    Step 10: The one-hour shadow study

    Section 6.4.2.10 closes the rule with a proof requirement that fits in one sentence: every application for a concession shall be accompanied by shadow studies demonstrating that the area within the maritime zone will not receive shadow for more than one hour on any day of the year during the hours of ten in the morning to four in the afternoon. Note the demand: it is not an average nor a typical day, it is any day of the year, and the time window is six hours.

The limit of the maritime-terrestrial zone, from which the four hundred metres and the setback are measured, is determined by the DRNA. The partial exemptions for urban zones and the concessions reducing the setback are granted by the Junta Adjudicativa or the Planning Board, as corresponds. OGPe is the one that ensures the proposed building complies to the maximum possible degree with the setback in the case of the urban lot authorised before the Regulation. And the shadow studies are submitted with the concession application.

• Believing the setback rule applies only to lots touching the sea, when it reaches every building within four hundred metres of the maritime-terrestrial zone limit.
• Measuring the setback from the water’s edge instead of from the maritime-terrestrial zone limit as determined by the DRNA.
• Measuring the height from a point other than ground level at the base or wall nearest the maritime-terrestrial zone.
• Applying only the two-and-a-half-times-height formula and ending below Section 6.4.2.2’s fifty-metre floor.
• Assuming the old urban lot exemption allows ignoring the setback, when it obliges compliance to the maximum possible degree and providing the minimum required rear yard.
• Using the height-averaging rule with buildings more than one hundred metres from the lot, measured parallel to the coast’s edge.
• Using the both-sides rule when there is only one building, or the reverse, the formulas being different.
• Counting as open space a parking area where a car produces an elevation of one metre or more measured from kerb level.
• Counting as open space a part of the building whose elevation exceeds one metre above the ground, or that obstructs the view toward the coast.
• Seeking the open-spaces concession with less than fifty per cent of the linear dimension of the lot’s side bordering the maritime-terrestrial zone.
• Computing the five per cent on the total cost of the work, when it is computed on the construction cost of the part of the building exceeding the required height.
• Investing that five per cent in improvements this or another regulation already requires, or that are not related exclusively to the recreational use of the maritime shore.
• Submitting a concession application without the shadow studies.
• Presenting a typical-day shadow study, when it must show there is no more than one hour of shadow on any day of the year between ten in the morning and four in the afternoon.
• Seeking a total setback exemption for a use that is not a port, fishing, marina or similar installation directly related to the sea.

These are the government pages this guide is based on.

• Junta de Planificación de Puerto Rico (JP)

  Junta de Planificación

  docs.pr.gov

• Planning Board

  jp

  jp.pr.gov

• Department of Natural and Environmental Resources

  drna

  www.drna.pr.gov

• OGPe Single Business Portal

  ogpe

  www.permisos.pr.gov