Full TEXT:

ORDINANCE NO. 2026-016

ENVIRONMENTAL ORDINANCE REQUIRING SUBMISSION OF A COMPREHENSIVE MANAGEMENT PLAN (EMP) FOR BUILDING PERMIT APPLICATIONS IN THE CITY OF NAGA AND PROVIDING PENALTIES THEREFOR

AUTHORS:

Hon. Jessie R. Albeus, D.M.D. Hon. Simeon Jesus B. Adan Jr. Senior Citizen Councilor

EXPLANATORY NOTE

The City of Naga continues to experience rapid urbanization and infrastructure development. While these are signs of economic growth, they also pose significant challenges to environmental sustainability, drainage systems, flood control, and climate resilience.

This proposed ordinance seeks to institutionalize the submission of a Comprehensive Environmental Management Plan (EMP) as a mandatory requirement for all building permit applications—whether residential or commercial.

Naga City was identified by the World Wide Fund for Nature (WWF) as one of the most vulnerable cities in the Philippines to the effects of climate change, particularly due to its location within the Bicol River Basin and its proximity to Mt. Isarog. These geographic features expose the city to increased risks of flooding, landslides, and other climate-induced hazards that are considered Environmental Critical Areas. Requiring an EMP ensures that development projects are environmentally sound, disaster-resilient, and aligned with the city’s long-term sustainability goals.

By empowering the City Environment and Natural Resources Office (CENRO) to review and approve EMPs, the city strengthens its capacity to safeguard public health, ecological integrity, and urban resilience. This ordinance is a proactive step toward responsible urban planning, climate adaptation, and sustainable development for the benefit of present and future generations of Nagueños.

BE IT ORDAINED by the Sangguniang Panlungsod of Naga, that:

SECTION 1. TITLE. This Ordinance shall be known as the “Environmental Management Plan Ordinance of Naga City.”

SECTION 2. LEGAL BASIS. This Ordinance is enacted pursuant to:

• Republic Act No. 7160 – Local Government Code of 1991

• Republic Act No. 9275 – Philippine Clean Water Act of 2004

• Republic Act No. 8749 – Philippine Clean Air Act of 1999

• Republic Act No. 9729 – Climate Change Act of 2009

• Republic Act No. 10121 – Philippine Disaster Risk Reduction and Management Act of 2010

• Republic Act 9003 – Ecological Solid Waste Management Act of 2000

• Republic Act 6969 – Toxic Substances and Nuclear Wastes Control Act of 1990

• Republic Act 10587 – Environmental Planning Act of 2013

• Presidential Decree 856 – Philippine Sanitary Code

• Ordinance No. 1997-081 – Local Building Code Ordinance of Naga City

SECTION 3. DECLARATION OF POLICY. It is the policy of the City of Naga to promote sustainable development, environmental protection, and climate resilience by integrating environmental planning into all construction activities within its jurisdiction.

SECTION 4. DEFINITION OF TERMS

• Environmental Management Plan (EMP): A document outlining strategies to mitigate environmental impacts of a construction project, including drainage, waste, energy, and ecological concerns.
• Professional Environmental Planner: A licensed individual under the Professional Regulation Commission (PRC) authorized to prepare and sign EMPs.
• CENRO: City Environment and Natural Resources Office, the agency responsible for reviewing and approving EMPs.
• Environmental Critical Areas: Locations within the city that are ecologically sensitive, disaster-prone, or vulnerable to pollution, flooding, or degradation, including areas near rivers, wetlands, slopes, and protected zones.
• Potential Pollution Source Establishment: Any facility, development, or activity that may generate pollutants—solid, liquid, or gaseous—that could adversely affect the environment or public health.
• Compliance Certificate: A formal document issued by CENRO certifying that a project or establishment has satisfactorily complied with the requirements of this Ordinance, including the submission and implementation of an approved EMP.

SECTION 5. COVERAGE. This Ordinance shall apply to all applicants for building permits within the territorial jurisdiction of Naga City:

1. Commercial – with more than 100 square meters floor area

2. Industrial

3. Institutional

Any Development Project with potential Environmental Impact as per evaluation of the City ENRO except those with Environmental compliance certificate (ECC) issued by the Department of Environment and Natural Resources (DENR).

Environmental Management Plans of City Government Projects prepared by CENRO must be consistent with this ordinance.

SECTION 6. REQUIREMENT FOR ENVIRONMENT MANAGEMENT PLAN SUBMISSION. All building permit applications must include a Comprehensive Environmental Management Plan duly signed and sealed by a Professional Environmental Planner. No building permit shall be issued without an approved EMP.

SECTION 7. IMPORTANCE OF THE ENVIRONMENTAL MANAGEMENT PLAN. The Environmental Management Plan (EMP) plays a vital role in ensuring that development projects in the City of Naga are environmentally sound, sustainable, and resilient. Specifically, the EMP:

1. As a paramount concern to protect and ensure the general welfare of the constituents of Naga City

2. Ensures proper drainage and flood control by requiring site-specific strategies to manage stormwater and prevent waterlogging or inundation.

3. Protects water bodies and air quality through pollution prevention measures, including waste treatment, dust suppression, and emission controls.

4. Reduces greenhouse gas emissions by promoting energy-efficient designs, renewable energy integration, and low-carbon construction practices.

5. Promotes the sustainable use of energy and natural resources, encouraging conservation, reuse, and environmentally friendly materials.

6. Prevents environmental degradation by identifying and mitigating risks to ecosystems, biodiversity, and surrounding communities.

7. Ensures compliance with national and local environmental laws, aligning development with the city’s climate action, disaster risk reduction, and sustainability goals.

SECTION 8. MINIMUM CONTENTS OF THE ENVIRONMENTAL MANAGEMENT PLAN. The EMP shall be prepared, signed and sealed by a licensed Professional Environmental Planner and shall include, but not be limited to, the following components:

A. INTRODUCTION: shall include the nature and importance of EMP, its objectives, Site description, Location (coordinates and Map) and environmental baseline, including topography, vegetation, water bodies, and existing land use

B. PREDICTED ENVIRONMENTAL IMPACTS:

1. Air Quality and Dust Issues

2. Noise and Vibration

3. Water Quality

4. Solid Waste

5. Change in the area’s landforms that could cause water logging, increased surface run-off, erosion, soil degradation, among others.

6. Access and Traffic Safety

7. Health and Safety both for workers and the community

8. Hazardous substances (fuel, oil and chemicals) storage, use, transport and disposal

9. Flora and Fauna Protection (Biodiversity)

C. MITIGATION PLAN

1. Drainage and flood mitigation plan, detailing runoff control, retention systems, and flood risk reduction measures

2. Solid and liquid waste management strategy, including segregation, disposal, and treatment systems

3. Energy efficiency and conservation measures, such as use of renewable energy sources and low-consumption technologies

4. Air and water quality protection protocols, including emission controls and wastewater treatment

5. Green space and biodiversity preservation, including tree planting, landscaping, and habitat protection

6. Climate change adaptation and disaster risk reduction measures, aligned with local DRRM plans

7. Construction impact mitigation strategies, including noise, dust, and traffic management

D. EMP COMPLIANCE MONITORING MATRIX: Monitoring and evaluation framework, specifying indicators, frequency, means of verification, proof of compliance and responsible personnel

SECTION 9. ADMINISTRATION AND ENFORCEMENT. The administration and enforcement of this Ordinance is hereby vested in the City

Environment and Natural Resources Office (CENRO), which shall have the following responsibilities:

1. Identify establishments and developments classified as Potential Pollution Source Establishments and located within Environmental Critical Areas

2. Issue a Compliance Certificate to projects or establishments that have satisfactorily complied with the provisions of this Ordinance

3. Assist beneficiaries of the City Government’s Kaantabay sa Kauswagan Program, if required, in the preparation of their Environmental Management Plans

4. Inspect and monitor compliance with the approved EMPs, including periodic site visits and documentation reviews

5. Formulate the relevant Implementing Rules and Regulations (IRR) necessary to effectively carry out the provisions and objectives of this Ordinance, subject to approval by the City Mayor and the Sangguniang Panlungsod

SECTION 10. REVIEW AND APPROVAL PROCESS

1. The EMP shall be submitted to the City Environment and Natural Resources Office (CENRO) as part of the building permit application.

2. CENRO shall evaluate the EMP within fifteen (15) working days from receipt and may: a. Approve the EMP and issue a Compliance Certificate b. Return the EMP with comments for revision and resubmission

3. CENRO shall maintain a registry of all approved EMPs and monitor implementation during and after construction.

SECTION 11. PROHIBITED ACTS. The following acts are hereby prohibited:

1. Commencing construction without an approved Environmental Management Plan (EMP) issued by CENRO

2. Operating a development or establishment without a valid Compliance Certificate

3. Submission of falsified, plagiarized, or misleading EMP documents, including forged signatures or inaccurate environmental data

4. Non-compliance with the approved EMP provisions during construction or operation

5. Failure to implement mitigation strategies stated in the EMP, such as erosion control, flood prevention, or pollution reduction

6. Obstruction or refusal to cooperate during monitoring or inspection conducted by CENRO or other authorized city personnel

7. Tampering with or altering an approved EMP without prior review and re-approval by CENRO

SECTION 12. PENAL PROVISIONS. Any establishment or new construction development that operates without a duly approved Environmental Management Plan or does not comply with the approved EMP, or any person, entity, or corporation found to have provided false information or falsified documents in the EMP, shall be subject to the following penalties:

First Offense: Fine of Three Thousand Pesos (P3,000.00)

Second Offense: Fine of Five Thousand Pesos (P5,000.00)

Third Offense: Fine of Five Thousand Pesos (P5,000.00) and imprisonment of up to ninety (90) days, upon the discretion of the court

SECTION 13. IMPLEMENTING AGENCY. The City Environment and Natural Resources Office (CENRO) shall be the lead agency in implementing this Ordinance, in coordination with the City Engineering Office and other relevant departments.

SECTION 14. SEPARABILITY CLAUSE. If any provision of this Ordinance is declared unconstitutional or invalid, the remaining provisions shall remain in full force and effect.

SECTION 15. REPEALING CLAUSE. All ordinances, executive orders, rules and regulations inconsistent with this Ordinance are hereby repealed or modified accordingly.

SECTION 16. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after publication in newspaper of local circulation and posting in the office social media page of the City Government of Naga.

ENACTED: February 18, 2026

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GABRIEL H. BORDADO JR.

City Vice Mayor & Presiding Officer

APPROVED:

LILIAN O. PASCUAL

Acting Secretary to the Sangguniang Panlungsod

MARIA LEONOR G. ROBREDO

City Mayor