The mayor of the municipal district of La Otra Banda, Alexander Rodríguez, highlighted the value of the regulation as a tool to strengthen local autonomy.
SANTO DOMINGO – Territorial planning and urban development are fundamental to ensuring sustainable, inclusive, and environmentally responsible tourism development in the Dominican Republic, as uncontrolled growth can have serious consequences, such as environmental degradation, loss of cultural identity, and social conflicts.
While decisive action, inter-institutional coordination, and active community participation are needed, implementing policies that align land use with the characteristics and needs of each community is the only guarantee that this development will be balanced and responsible.
In this context, President Luis Abinader issued Decree No. 396-25 this week, which approves the Regulations for the application of Law 368-22 on Territorial Planning, Land Use and Human Settlements, which establishes that local governments must design, approve and apply their Municipal Territorial Planning Plans (PMOT), allowing for more efficient and coherent management of land use in their demarcations.
The first to comment on the Regulation was the mayor of the municipal district of La Otra Banda, Alexander Rodríguez, who in a press release expressed his firm support, highlighting its value as a tool to strengthen local autonomy and ensure responsible territorial planning.
“From the beginning, we maintained that this law was an essential tool to guide the responsible growth of our towns. Today we celebrate that, thanks to the joint work of various sectors, the country has a robust instrument that supports municipal autonomy in territorial planning,” he said.
According to Rodríguez, the regulation represents an unprecedented advance by giving local governments concrete powers to manage land use according to the vocation and needs of each demarcation, which is especially important in areas of high tourist dynamism such as the eastern region.
“In La Otra Banda, we are already taking the necessary steps to align our urban planning processes with the provisions of the new regulations, with the aim of ensuring orderly and sustainable growth,” the mayor added.
Impact on tourism
The implementing regulations for Law 368-22 represent a milestone in consolidating a more organized, equitable, and sustainable tourism model. While the regulations establish the legal and procedural foundations, their true impact will depend on political will, inter-institutional coordination, and the active participation of local communities.
As Mayor Alexander Rodríguez stated, this is a decisive step to strengthen territorial governance: “This law and its regulations not only empower local governments, but also dignify our communities by recognizing their right to grow with order, justice and respect for their territorial identity.”
It is now up to all actors—the State, municipalities, the private sector, and citizens—to translate this legislation into concrete actions that preserve the country's natural and cultural wealth, while strengthening its economy with a more equitable and sustainable approach.
The regulations stipulate that the approval of tourism projects requires not only a land use permit issued by the local government, but also a certificate of no objection from the Ministry of Tourism (MITUR), ensuring that such projects are compatible with the vocation of the territory and respond to the needs of the receiving communities.
However, the effective implementation of these policies presents significant challenges, such as strengthening the technical capacities of municipal governments, guaranteeing citizen participation, and ensuring the rigorous application of regulations.
In areas like Bávaro-Punta Cana, communities have denounced the lack of control over hotel expansion and its environmental impact, highlighting the urgent need for concerted and transparent planning.
Implementation Challenges
Double permitting : The regulations require tourism projects to have a land use permit issued by the corresponding municipality and, in addition, a certificate of no objection from the Ministry of Tourism. Some local authorities argue that this requirement limits the municipal autonomy guaranteed by the Constitution, even though the regulations explicitly establish mechanisms for inter-institutional coordination and recognize local powers.
Tax collection and control : Municipalities are demanding greater participation in the collection of taxes related to tourism development. Many complain that they bear the social and environmental costs of tourism but receive scarce resources to strengthen their management capacity.
Lack of technical capacity : A report by the Dominican Municipal League (LMD) from June 2025 revealed that only 18% of municipalities have an updated and approved land-use plan. This situation limits the capacity of local governments to effectively implement the new regulations.
Obligation of municipal plans : All local governments are legally obliged to formulate and approve their PMOT within a maximum period of 24 months from the entry into force of the regulation (Art. 114), aligning them with the National Plan and the Regional Territorial Planning Plans.
Opportunity for the development model
The Planning and Projects Department of the Ministry of Tourism (MITUR), led by Shaney Peña Gómez, plays a fundamental role in connecting private investment, local development, and sustainability. In an interview with Arquitexto magazine, Peña Gómez emphasized: “A city is more attractive to tourists when it is more livable. Tourism should be a means to achieve positive development and improve the quality of life for host communities.”
The official has insisted that the new law establishes a clear framework to guide tourism investment in a way that respects ecosystems, avoids over-saturation of destinations, and promotes a more equitable territorial distribution of tourism.
