152
S-ELUP: state ecological land-use planning
DDPLU-GV: documents related to the description and planning of land-use in the
Guadalupe Valley.
Figure 9.2 also shows the overlapping laws for land-use in Baja California,
where the study case is located. At the national level, there are two coinciding spatial land programs. An ecological ordinance by the environmental ministry
(SEMARNAT by its Spanish acronym) and a territorial ordinance with risk zone
population relocation schemes implemented by the ministry of urban development
(SEDUE by its Spanish acronym). At the state level, ecological, territorial, and sectorial ordinances are in effect. Although the federal ordinances have decided the
ambits of implementation (urban vs. rural, contamination and nature conservation
vs. human population risks), to the citizens it is unclear the reason behind the existence of two instruments regulating land-use. Moreover, in 2016 the Baja California
State Environmental Agency (SPA by its Spanish acronym) published an Strategic
Program (SPA, 2016) adding more issues to the valley. At the state level, there are
both coincidences and contradictions among land-use laws, giving way to an ideal
setting for corruption. Landowners sell land for other purposes than the law prescription, land buyers buy land in forbidden areas, and decision makers deliver landuse permits in improper lots. Breaking the law is a consequence, among many
issues, of poor surveillance. In countries like Mexico, surveillance activities by the
authorities lack adequate financial support. An alternative to this problem has been
that residents and local users organize and help the authorities with prevention and
communication tools. The first step to start self-surveillance is to understand the
laws. In the case of the Guadalupe valley, there is a problem with the available law
documents, all the planning laws are written in unclear phrasings or published in
blurry official newspapers. A simplification of the language used in the laws and
clearer maps showing the properties of localization and land-use designations are in
dire need by citizens. There are four planning programs that deserve attention in
terms of “translating” the information into infographics or other dissemination tools
to make them understandable by most people using the laws for self-surveillance.
As seen in Fig. 9.2 and Table 9.1, there are five planning programs published in the
Official Newspaper of the State of Baja California, the most recent the urban ordinance published in October 2018 (POEBC 2018) which its bylaw is under review
by the Guadalupe valley inhabitants (http://www.valledeguadalupe.gob.mx/sitevgpe/mt-content/uploads/2017/02/reglamento-de-zonificacion- y-controlterritorial-del-municipio-de-valle-de-guadalupe.pdf).
The recent 2018 urban ordinance mentions worsening of the same problems
previously stated. Besides the published regional, local, tourism and urban planning
laws, difussion of the laws content was done, in a scientific publication (Espejel et
al. 1999) and dissemintarion books for the general public in an e-book (Leyva and
Espejel 2013), and an updated printed book (Espejel and Leyva 2017). In conclusion, studies, publications, laws, regulations, and planning programs have been
found to be unsuccessful. These findings make the Guadalupe Valley a notable
example of why top-down policies do not function. For example, in the three evaluI. Espejel et al.
S-ELUP: state ecological land-use planning
DDPLU-GV: documents related to the description and planning of land-use in the
Guadalupe Valley.
Figure 9.2 also shows the overlapping laws for land-use in Baja California,
where the study case is located. At the national level, there are two coinciding spatial land programs. An ecological ordinance by the environmental ministry
(SEMARNAT by its Spanish acronym) and a territorial ordinance with risk zone
population relocation schemes implemented by the ministry of urban development
(SEDUE by its Spanish acronym). At the state level, ecological, territorial, and sectorial ordinances are in effect. Although the federal ordinances have decided the
ambits of implementation (urban vs. rural, contamination and nature conservation
vs. human population risks), to the citizens it is unclear the reason behind the existence of two instruments regulating land-use. Moreover, in 2016 the Baja California
State Environmental Agency (SPA by its Spanish acronym) published an Strategic
Program (SPA, 2016) adding more issues to the valley. At the state level, there are
both coincidences and contradictions among land-use laws, giving way to an ideal
setting for corruption. Landowners sell land for other purposes than the law prescription, land buyers buy land in forbidden areas, and decision makers deliver landuse permits in improper lots. Breaking the law is a consequence, among many
issues, of poor surveillance. In countries like Mexico, surveillance activities by the
authorities lack adequate financial support. An alternative to this problem has been
that residents and local users organize and help the authorities with prevention and
communication tools. The first step to start self-surveillance is to understand the
laws. In the case of the Guadalupe valley, there is a problem with the available law
documents, all the planning laws are written in unclear phrasings or published in
blurry official newspapers. A simplification of the language used in the laws and
clearer maps showing the properties of localization and land-use designations are in
dire need by citizens. There are four planning programs that deserve attention in
terms of “translating” the information into infographics or other dissemination tools
to make them understandable by most people using the laws for self-surveillance.
As seen in Fig. 9.2 and Table 9.1, there are five planning programs published in the
Official Newspaper of the State of Baja California, the most recent the urban ordinance published in October 2018 (POEBC 2018) which its bylaw is under review
by the Guadalupe valley inhabitants (http://www.valledeguadalupe.gob.mx/sitevgpe/mt-content/uploads/2017/02/reglamento-de-zonificacion- y-controlterritorial-del-municipio-de-valle-de-guadalupe.pdf).
The recent 2018 urban ordinance mentions worsening of the same problems
previously stated. Besides the published regional, local, tourism and urban planning
laws, difussion of the laws content was done, in a scientific publication (Espejel et
al. 1999) and dissemintarion books for the general public in an e-book (Leyva and
Espejel 2013), and an updated printed book (Espejel and Leyva 2017). In conclusion, studies, publications, laws, regulations, and planning programs have been
found to be unsuccessful. These findings make the Guadalupe Valley a notable
example of why top-down policies do not function. For example, in the three evaluI. Espejel et al.