Land use conversion exemptions

Here’s a comprehensive list of land and project categories that are exempt from land use conversion requirements in the Philippines, along with their corresponding legal bases:

I. Exempt Lands (No DAR Conversion Clearance Required)

1. Lands Already Classified as Non-Agricultural Before June 15, 1988

• If land was zoned as residential, commercial, industrial, or institutional before the effectivity of the Comprehensive Agrarian Reform Law (CARL), it is exempt.
• Legal Basis:
  
• Section 65, RA 6657 (CARL)
• DAR Administrative Order (AO) No. 1, Series of 2002, Section III(A)

2. Lands Reclassified by LGUs Under RA 7160 (Local Government Code)

• Land reclassified from agricultural to non-agricultural by LGUs, after consultation with DAR and approval by HLURB/DHSUD, is exempt from DAR conversion, provided:
  
• The reclassification was done within the limits of LGU authority; and
• DAR was notified within 30 days.
• Legal Basis:
  
• RA 7160, Sections 20 and 447
• DAR AO No. 1, Series of 2002, Section III(C)

II. Exempt Projects (Government or BOT Initiatives)

3. Government Infrastructure Projects

Includes:

• Roads, highways, and irrigation systems
• Public schools, hospitals, and government buildings
• Transmission and communication lines
• Disaster response or resettlement programs

Exempt from conversion if:

• Implemented by a government agency or LGU
• Located on land already acquired or owned by the government
• Legal Basis:
  
• DAR AO No. 1, Series of 2002, Section III(B)
• DAR Memo Circular No. 7, Series of 201

4. Projects Under the Build-Operate-Transfer (BOT) Law

• Public infrastructure is undertaken by private entities under government partnership programs.
• Includes toll roads, power plants, water systems, etc.
• Legal Basis:
  
• RA 6957, as amended by RA 7718 (BOT Law)
• DAR Memo Circular No. 18, Series of 1999

III. Other Specific Exemptions

5. Agrarian Reform Beneficiary (ARB) Housing Projects

• ARBs may use awarded lands for housing purposes under DAR guidelines.
• Conversion may not be required if housing supports agrarian reform objectives and gets DAR clearance.
• Legal Basis:
  
• DAR AO No. 5, Series of 2006

6. Ecozones, Resettlement, and Special Government-Designated Areas

• Areas legally declared as economic zones, resettlement sites, or public development projects under national legislation or executive orders may be exempt.
• Legal Basis:
  
• Special laws (e.g., PEZA Law – RA 7916), proclamations, and Presidential Decrees

Summary Table of Exemptions and Legal Bases

Exempt Category	Legal Basis
Pre-1988 Non-Agricultural Zoning	RA 6657 §65; DAR AO 01-2002, Sec. III(A)
LGU Reclassification under RA 7160	RA 7160 §§20, 447; DAR AO 01-2002, Sec. III(C)
Government Infrastructure Projects	DAR AO 01-2002, Sec. III(B); DAR Memo Circular 7-2011
BOT and PPP Projects	RA 6957 as amended by RA 7718; DAR Memo Circular 18-1999
ARB Housing	DAR AO 05-2006
Ecozones or Legally Declared Public Projects	RA 7916 (PEZA Law); other enabling laws or proclamations