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Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ...

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after due notice and heari<strong>ng</strong>, in favor of a project of greater beneficial use or for multipurposedevelopment, and a water permittee who suffers thereby shall duly compensatedby the entity or person in whose favor the cancellation was made.SECTION 83. Illegal Construction alo<strong>ng</strong> Waterways. No person shall constructany buildi<strong>ng</strong> or introduce any improvement within 3 meters from the creek sides inside themunicipal proper and residential areas and within 20 meters from riverbanks and similarwaterways in agricultural areas.SECTION 84. Well Drilli<strong>ng</strong>. No person shall drill without securi<strong>ng</strong> a permit from theNational Water Resources Board or the Municipal Government, which will determine theallowable depth, location spaci<strong>ng</strong> and the manner by which such wells may be dug orexcavated.CHAPTER VIIIAQUATIC RESOURCE MANAGEMENTSECTION 85. State of Resources. All rivers, streams, aquifers and MunicipalWaters within the Municipality are considered aquatic resources.SECTION 86. Measures to Mitigate Aquatic Pollution. <stro<strong>ng</strong>>The</stro<strong>ng</strong>> followi<strong>ng</strong> precautionarymeasures are hereby adopted.a. Establishment of monitori<strong>ng</strong> and regulatory system to control effluent dischargefrom the point sources with necessary technical assistance from governmentagencies and international cooperati<strong>ng</strong> bodies.b. Formulation of community-based anti-litteri<strong>ng</strong> programs.c. Application of safety practices in the use of fertilizers in agricultural areas.d. Development approaches to reforest and preserve forest covers to control soilerosion and minimize excessive sediment discharge from dredgi<strong>ng</strong>.SECTION 87. Buffer Strips Easement. In the utilization, development, conservationand protection of aquatic resources, the followi<strong>ng</strong> setback and or easement alo<strong>ng</strong> the entirele<strong>ng</strong>th of the banks of the rivers and streams, shores of the seas and lakes shall beobserved.a. Three meters setback for all urban uses;b. Twenty meters easement for all agricultural uses; andc. Forty meters easement for all forest<stro<strong>ng</strong>>The</stro<strong>ng</strong>> above setbacks or easements shall be subject for public use such as forrecreation and other similar activities.SECTION 88. Cultivation of Riverbeds and Sandbars. No riverbed or sandbarshall be subject of cultivation or utilization except upon prior recommendation of theMunicipal Development Council and upon prior permission of the Department of PublicWorks and Highways. Provided further, that no permission shall be granted if it obstructs theflow of water or if it shall increase the flood level so as to cause damage to these areas.267

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