Mountain Package, instruction for the identification and declaration of priority areas enters into force

2025-06-24 16:51:00, Aktualitet CNA

Mountain Package, instruction for the identification and declaration of priority

The Mountain Package initiative is expected to begin implementation with the identification and declaration of development areas by working groups at local government level.

The instruction of the Ministry of Local Government "On the determination of detailed rules for the documentation and procedure for declaring priority development zones in the territories of municipalities" has been published in the official gazette, which determines the procedures that municipalities must follow to declare development zones in their territories in accordance with the new law "On the Mountains Package".

The instruction stipulates that within 10 days of entry into force, municipalities must begin establishing Working Groups to identify and analyze potential areas for development.

The working group will consist of one of the deputy mayors of the municipality, who will also be the chairperson, and 7 members, including representatives of the structures for legal issues and property, forests and pastures, tourism and cultural heritage, finance, the administrator of the administrative unit, and the administrator of the neighborhood or village.

Mapping and field verifications, including the legal status of property, will be used to identify and analyze the areas expected to be developed under the Mountain Package. Public consultations with the local community affected by the declaration of priority areas will also be conducted to analyze the areas to be developed.

The working group will then prepare an official file that will be sent to the Mayor for approval. The file will include a number of documents, such as: Map of the area (cadastral, orthophoto, PZV); Analytical report on the need for development; List of possible development activities; Status of non-owner possessors.

In the analytical report that will accompany the request for the development of the area, the instruction, among other things, determines the necessity of the analysis according to the need for development.

The development of coastal areas for tourism purposes should be accompanied by an analysis of the local and international tourism potential. The most suitable types of tourism should be identified: eco-tourism, agrotourism, adventure tourism, etc.

Their development of natural and cultural resources requires analysis to identify key assets such as natural parks, mountain trails, historical monuments and other valuable attractions.

For infrastructure development, the needs for roads, accommodation, energy, water and other essential services for the development of the area will be analyzed.

The report must also contain an environmental and social impact analysis, which determines that the impact that the development may have on nature, biodiversity, and the livelihoods of local residents will be assessed.

The complete file will then be approved by the municipal council, sent for legality verification to the prefect and then to the minister responsible for local government. If it meets the criteria, the minister proposes to the Council of Ministers the official declaration of the development zone.

Guideline

DEVELOPMENT AREA IDENTIFICATION PROCEDURES

Within 10 (ten) days from the entry into force of this instruction, the mayor of the municipality orders the establishment of a working group with the following object of activity:

a) Identification and mapping of the development zone within the territory of the municipality, in accordance with the provisions of letter “ç”, of article 3, of law no. 20/2025, “On the mountains package”. Part of this process is also the on-site recording carried out with the help of the relevant structures in the municipality, including recording the presence of the possessors and the actual state of possession, for which the relevant minutes are kept;

b) Collection, administration and analysis of requests for preliminary expressions of interest in various entities, submitted on the digital platform dedicated to the implementation of Law No. 20/2025, “On the Mountains Package”;

c) Collection, administration and analysis of all necessary socio-economic, environmental and geographical data, as well as any other documentation that may be necessary, within the framework of this analysis;

ç) Carrying out public consultation with the local community that may be affected by the declaration of the development zone, according to the legislation in force;

d) Coordination and cooperation with the relevant local directorate of the State Cadastre Agency to verify the status of the property possessed by the claimant to be recognized as a non-owner possessor in that part of the territory intended to be declared a development zone. The State Cadastre Agency shall respond to the request submitted by the relevant municipality no later than 5 (five) days from the date of receipt of the request for information;

dh) Coordination and cooperation with the National Territorial Planning Agency to ensure and promote harmonized and integrated planning of the development area. The National Territorial Planning Agency shall respond to the request submitted by the relevant municipality no later than 10 (ten) days from the date of receipt of the request;

e) Assessment of compliance with existing local policy and plan documents, such as the local general plan, local forest management plan or any other similar document;

ë) Assessment and confirmation that the proposed development area does not include territories that are part of disputes between border municipalities, in relation to the approved map for the territory of the respective municipality and the administrative-territorial division, according to the legislation in force, and that construction developments are not prohibited in the territory in question based on the legislation in force for protected areas;

f) Drafting the draft act and accompanying report.

The accompanying report of the draft act, according to point 4 of this instruction, contains an analysis of:

a) the need to declare a development zone and the potential that this initiative fosters (for example, the potential for economic, industrial or tourist development of the area);

b) for the presence of non-owner possessors in the territory of the area;

c) for the difficulties encountered in issuing territorial development acts (development and construction permits) in relation to the rest of the territory, as a result of the lack of regulation of legal relations of private ownership over land.

The report should also contain analysis regarding these aspects, but not limited to:

Assessing the demand for tourism (local and international), identifying the types of tourism that are most suitable for the area (eco-tourism, agrotourism, adventure tourism, etc.) or the potential for industrial development or priority sectors;

Evaluation of natural and cultural resources: identification of main attractions, such as: natural parks, mountain trails, historical monuments, etc.;

iii. Infrastructure assessment: analyzing the possibilities for building the necessary infrastructure (roads, accommodation, energy services, water, etc.);

Analyzing the potential impact on the environment and society: assessing the impact of tourism on nature, biodiversity and the livelihoods of local residents.

The working group is chaired by one of the deputy mayors of the municipality and consists of the following members:

a) 1 (one) representative from the structure responsible for territorial planning and development and public works;

b) 1 (one) representative from the structure responsible for legal matters and properties;

c) 1 (one) representative from the structure responsible for forests and pastures;

ç) 1 (one) representative from the structure responsible for tourism and cultural heritage;

d) 1 (one) representative from the structure responsible for finance and economic development;

dh) the administrator of the relevant administrative unit, the territory of which is intended to be part of the development zone;

e) the administrator of the relevant neighborhood or village, whose territory is intended to be part of the development zone.

The working group, as necessary, in order to carry out the group's activities, requests from the mayor to obtain services with budgetary funds, such as: consultancy, studies, expertise or ongoing training/education from public institutions of higher education, in accordance with the provisions of decision no. 188, dated 13.3.2019, of the Council of Ministers, "On the provision by public institutions of higher education of services, in accordance with their activity for central government institutions, institutions subordinate to them and local self-government units", as amended. After receiving approval from the mayor, the responsible structures of the municipality proceed in accordance with the provisions of this decision.

The working group carries out its activities within the deadline set by the mayor.

The working group, at the conclusion of the comprehensive analysis of the data and documentation, may propose the declaration of one or several areas, within the territory of the municipality, as development zones. The prepared file is presented to the mayor of the municipality and contains the following documents:

a) Draft act signed by all members of the working group;

b) The accompanying report, drafted in accordance with the provisions of point 4 of this instruction

c) Map of the proposed area, enriched with cadastral information (manual and digital);

d) Map of the proposed area, enriched with information from the General Local Plan (manual and digital);

dh) List of potential/targeted development activities, based on the analysis of priority sectors;

e) Documentation proving the implementation of prior consultations with the local community and interested parties;

ë) Data on the presence of non-owner occupants within the proposed area, legal status and category (classification) of the property;

f) Report on existing infrastructure and infrastructure investment needs.

The mayor shall take all necessary administrative steps, in accordance with the legislation in force, to include the draft act for the declaration of the development zone and the accompanying documents in the next meeting of the municipal council.

The decision of the municipal council is subject to verification of legality, according to the procedure and deadlines provided for in Law No. 107/2016, "On the Prefect", as amended.

III. PROCEDURE FOR EVALUATION OF THE PROPOSAL FOR DECLARING A DEVELOPMENT AREA BY THE MINISTER RESPONSIBLE FOR LOCAL GOVERNMENT

After completing the procedure provided for in point 10 of this instruction, the mayor shall submit to the minister responsible for local government the request for the declaration of a development zone in the territory of the municipality. The following documents must be attached to the request:

a) Summary report on the procedure followed by the municipality against the provisions of this instruction;

b) A map of the proposed area and, if the declaration of more than one area is proposed (for example, the territory of the municipality or a mountainous part of that territory), a map showing the location of each area within the territory of the municipality;

c) Confirmation that the proposed development area does not include territories that are part of disputes between border municipalities, regarding the approved map for the territory of the respective municipality and the administrative-territorial division, according to the legislation in force, and that the territory is not a protected area according to the legislation in force;

ç) The decision of the municipal council, approved according to point 9 of this instruction;

d) Analytical document on the expected effects and how the declaration of the development zone can contribute to the promotion and realization of the potential for economic, industrial or tourist development of the area.

This analysis should also include:

The level of presence of non-owner occupants, specifying the surface area in possession;

The difficulties encountered in issuing territorial development acts (development and construction permits) in relation to the rest of the territory, as a result of the lack of regulation of legal relations of private ownership over land. The analysis should highlight the level of territorial development acts in this area compared to other areas and how the lack of regulation of legal relations of ownership over land has affected this area.

The Minister responsible for local government, after preliminary examination of the request and accompanying documentation, may request clarifications regarding the documentation or supplementing the documentation referred to in point 11 of this instruction. The notification for supplementing the documentation or submitting additional documentation shall be forwarded to the mayor of the municipality by official letter. Failure to submit the supplementary documentation or additional documentation at the end of the 10-day deadline shall not suspend the process of assessing the request. In this case, the assessment of the request shall be made on the basis of the documentation of the administered file.

In the event that the territory of the municipality intended to be declared a development zone is the subject of a dispute between bordering municipalities, regarding the approved map for the territory of the respective municipality and the administrative-territorial division according to the legislation in force, the territory cannot be declared a development zone for that municipality according to this instruction.

At the conclusion of the assessment of the request and accompanying documentation, if it is determined that the municipality has met the legal criteria as defined in this instruction, the responsible minister decides to propose to the Council of Ministers the declaration of the territory of the municipality or the mountainous part of that territory as a development zone.

The request of the competent municipality for the declaration of a development zone that does not meet the legal criteria and those provided for in this instruction, regarding the documentation to be submitted and the procedure to be followed, shall be rejected. The decision of the responsible minister for the rejection of the request shall contain the reasons for the rejection.

The municipality may re-initiate the process of identifying and assessing the development area, in accordance with the provisions of this instruction, for that area or any other area within the territory.

The Municipality publishes on its official website the decision of the Council of Ministers on the declaration of the development zone, as well as all necessary information regarding the relevant procedures. The Municipality provides the necessary information to be placed on the digital platform dedicated to the implementation of Law No. 20/2025, “On the Mountains Package”, regarding the progress of the implementation of the law in the relevant municipality.

FINAL PROVISIONS

The Agency for Support of Local Self-Government serves as a technical secretariat for carrying out the procedures under Chapter III of this instruction, and to the extent possible, supports municipalities in strengthening their capacities for administering the process provided for in this instruction.

The State Cadastre Agency cooperates and interacts, in accordance with the deadlines provided for in this instruction, in order to accelerate the process of identifying the development zone.

Through interaction with the Agency, it should be aimed to clarify at this stage whether the targeted area has undergone the procedure of initial registration of cadastral areas, the stage of this procedure for that area, as well as whether there is a need to improve the real estate registers according to the legislation in force./ Monitor Magazine