Environmental Law & Energy Land Use
Environmental Law & Energy Land Use

Our land use attorneys represents developers, contractors, retailers, operators and a host of other clients and businesses on land use and permitting matters, from the planning and design stages to the construction and operations phases, as well as in litigation scenarios, when needed.

Zoning

Puerto Rico’s zoning framework features a unique and complex set of statutory and regulatory provisions at the central and municipal government levels. The specific regulatory provisions and the extent of the jurisdiction of each entity may vary from municipality to municipality depending on the level of competencies delegated to the relevant municipality under the Autonomous Municipalities Act.

We are engaged in advising clients on the proposed changes and the preparation and submittal of comments during the public participation process regarding the recent sweeping zoning changes that have been proposed in the Puerto Rico Land Use Plan.

Permitting

We advise clients in permitting matters related to the development, construction and use for residential, commercial, institutional and industrial projects.

We are particularly equipped with legal know-how and experience in this area, having led the team of private and government representatives that drafted Puerto Rico’s Permits Process Reform Act of 2009, which brought significant changes to a decade’s old permitting processes. This effort was done in conjunction with the Puerto Rico Department of Economic Development and Commerce, Secretary of Economic Development, Puerto Rico Planning Board, other governmental agencies, and members of the Puerto Rico Legislature. The amendments to Act 161-2009 by Act 151-2013 did not significantly change the core of the 2009 permitting reform.

As a result of this experience and our legal and transactional expertise, we are ideally suited to assist clients with all aspects of current permitting laws and regulations at the state and municipal levels.

Transactional Work

We work with other practice areas in the firm to assist clients with land acquisition negotiations, leasehold interests, financing, and strategic due diligence to align the compliance and/or capabilities of the land or property with their business objectives.

Public Policy

We advise our clients on relevant federal and local developments—statutory, regulatory, and case law. We also assist them in the preparation of proposed revisions to statutory and regulatory provisions and/or the submittal of comments to proposals for statutory and regulatory provisions regarding issues that impact their operations.

Our attorneys have strong, established professional relationships with all relevant local and federal environmental regulatory agencies, such as:

  • Puerto Rico Planning Board
  • Puerto Rico Permits Management Office
  • Autonomous municipalities with permits offices under the delegations authorized by the Planning Board

Notable Cases & Transactions

$700 Million renewable energy investment

Handled the first and single Puerto Rico resource recovery project for the development, design, financing, construction and operation of a 2,100 ton/day, 80MW renewable energy power plant using processed refuse[…]
case-14 million-cedit-agreement-small

$14 Million credit agreement

Acted as counsel to bank in the closing of a $14 million credit agreement for the financing of seven solar photovoltaic energy projects involving the P.R. Aqueduct and Sewer Authority,[…]
World Class Public Private Partnership Transaction

World class public private partnership transaction

In a groundbreaking transaction and first-ever in Puerto Rico, Ferraiuoli acted as local counsel to the entities listed below in a world-class P3 transaction involving Puerto Rico’s Luis Muñoz Marín[…]
Federal Deposit Insurance Corporation (FDIC)

Federal deposit insurance corporation (FDIC)

Acted as local counsel to the Federal Deposit Insurance Corporation in the 2010 consolidation of three failed Puerto Rico banks, including the drafting of the perfection of a security interest[…]