Resistance to metropolitan institutionality and planning in Chile

Abstract

In this article, the authors review and analyse two key processes conducted by the Chilean state over the past 50 years. The first process consists of the development of specific planning instruments for the particular realities of metropolitan areas. The second process consists of the successive legislative attempts to work towards a definition of a new form of institutionality for cities with metropolitan profiles. These attempts have either failed or solely become bills of law. Both processes suggest a political and technical resistance throughout history, to substantially modify institutionality, as well as planning instruments, in order to make them more appropriate and consistent with the needs of growing metropolitan areas in Chile.

Keywords:

• Chile
• metropolitan governance
• metropolitan planning

Notes

This work stems from the ‘Proyecto Anillos de Investigación SOC1106’ of the PIA program.

1. The term law is used to refer to the laws, ordinances, decrees and any other general rule, issued under the procedure prescribed by the Constitution of the Republic, either by the legislature (laws), or the competent administrative authority (decrees and decrees with the force of law); bills are understood as those proposals initiated by the government or parliament, which have as their objective the discussion by Congress of a subject that has been entrusted to catalogue the policy as a matter of Constitutional Law. An Explanatory Report contains objectives, goals and action plans; an Ordinance contains the relevant regulations; and maps graphically express general zoning provisions, equipment, road relationships, priority development areas, limits of urban sprawl, densities, etc.

2. D.F.L. N° 458, General Law of Urbanism and Construction, Official Gazette of the Republic, Santiago de Chile, April 13, 1976.

3. In this case, there is no explanatory report.

4. Law N° 19.175, Organic Constitutional Law of Regional Government and Administration, Official Gazette of the Republic, Santiago de Chile, 11 November 1992.

5. There is no corresponding explanatory report for this case.

6. See Bulletin 357–06, Legislature 321, published 20 May 1991. Available at: http://www.camara.cl/pley/pley_detalle.aspx?prmID=1412&prmBL=357-06.

7. See History of the Law 19.097, available at: http://www.leychile.cl/Navegar/scripts/obtienearchivo?id=recursoslegales/10221.3/641/6/HL19097.pdf.

8. Content of Bulletin 988–07.

9. In this way, the project contemplated the incorporation into the Constitution of the title, ‘Of the metropolitan areas and regional governments’. It proposed several very specific articles for inclusion, those of which ranged from definitions of territorial borders, modes of governance and coordination with other levels (regional and municipal), the authority figure of Mayor as elected by direct vote, the forms of coordination and participation of municipalities and their authorities in decision-making related to metropolitan issues, among other aspects.

10. See Bulletin 3436–07, Legislature 350, published 16 December 2003. Available at: http://www.camara.cl/pley/pley_detalle.aspx?prmID=3757.

11. See History of the Law 20.390. Available at: http://www.leychile.cl/Navegar/scripts/obtienearchivo?id=recursoslegales/10221.3/3867/1/HL20390.pdf.

12. This law establishes the possibility for the President to transfer faculties of ministries or public services to regional governments, in issues of land use planning, the promotion of productive activities, and social and cultural development.

13. See Bulletin 5077–15, Legislature 355, introduced on 13 June 2007. Available at:http://www.camara.cl/pley/pley_detalle.aspx?prmID=5503&prmBL=5077-15.

14. See Bulletin 8.349–06, Legislature 360, introduced on 6 June 2012. Available at: http://www.camara.cl/pley/pley_detalle.aspx?prmID=8745&prmBL=8349-06.

15. See Bulletin 9.616–06, Legislature 362, introduced on October 1, 2014. Available at: http://www.camara.cl/pley/pley_detalle.aspx?prmID=10033&prmBL=9616-06.