Las determinantes de ordenamiento territorial y la distribución de competencias, entre la nación y los entes territoriales, como limitantes legales en los procesos de revisión y ajuste de los POTs

Abstract

The distribution of competences in the area of Territorial Regulation in Colombia is one of the unfinished agreements derived from the 1991 Political Constitution, not corrected with the promulgation of the Organic Law of Territorial Regulation 1454 of 2011 - LOOT-, which can be considered as a limitation with greater scope in the transformation of the country and harmonious physical planning of the country, by leaving aside the possibility of standardizing territories at the level of province, regions or even cities, betting on the contrary a commitment to the administrative decentralization of the State which seeks to convert the Municipalities into the municipalities, considering them as the fundamental territorial entities of their political-administrative organization (art 313 of the Political Constitution) of the country and where exclusive competence falls in the regulation of land uses (Art 313 of the Political Constitution). However, 30 years after the promulgation of the Political Constitution, the process of technical, administrative and economic strengthening of the municipalities continues to be precarious, since with exceptions such as the large urban centers of the country that enjoy sufficient legal, administrative and financial autonomy, most of the municipalities, whose administrative category is four, five or six, are highly dependent on the General Participation System. Situation that limits the autonomic exercise.

One of the main aspects of said decentralization is the granting to the municipalities of the competence in the specific regulation of the land (uses). Now, this competition has limits established by law through a series of norms called determining land use regulations and that correspond to projects or sectorial bets that must be articulated by the municipalities in their POTs, and are directed by the Nation, and the Departments , The Regional Autonomous Corporations and the Metropolitan Areas within the framework of their powers in application of the constitutional principles of Coordination, Concurrency and Subsidiarity. However, the procedures to incorporate these determinants do not have the required developments and the necessary clarity, which is why they have become generators of conflicts of powers between State Entities.