Guam Land Use Commission

(a)There is within the government of Guam the Guam Land Use Commission (Commission). The Commission shall be composed of five

(5)members to be appointed by I Maga’låhi (the Governor) by and with the advice and consent of I Liheslatura (the COL 7/27/2023 CH. 60 LAND MANAGEMENT Legislature) for a period of five

(5)years; provided, however, that of the five

(5)members first appointed, one

(1)member shall serve for a term of one

(1)year, two

(2)members shall serve for terms of three

(3)years each, and the remaining two

(2)members shall serve for terms of five

(5)years each, as designated by I Maga’låhi. Quorum shall require the presence of three

(3)members.

(b)When, pursuant to this Act, a Hybrid Commission is to be empaneled, four

(4)additional members shall be seated as part of the Guam Land Use Commission, and designated as “Municipal Commissioners” (MCs).

(1)MCs shall be appointed on an ad hoc basis as determined by the location of a land use application submitted pursuant to Chapter 61 of Title 21, Guam Code Annotated, and in accordance with the following guidelines:

(A)The first

(1st)Municipal Commissioner shall be the Mayor of the respective municipality where the land use action will occur.

(B)The second (2nd), third (3rd), and fourth

(4th)Municipal Commissioners, who shall be elected Mayors or Vice-Mayors, shall be appointed by the President of the Mayors Council, with the recommendation of the first

(1st)Municipal Commissioner.

(2)The term of the Municipal Commissioners shall terminate when final disposition of the land use project or application for which the Hybrid Commission was empaneled has been completed.”

(3)Quorum under an empaneled Hybrid Commission shall be five

(5)members.

(c)Votes Needed for Approval.

(1)When a Hybrid Commission is empaneled, a total of five

(5)affirmative votes is required for the approval of any Commission action for any decision in any land use matter; except summary zone change applications. COL 7/27/2023 CH. 60 LAND MANAGEMENT

(2)Otherwise, when a Hybrid Commission is not empaneled, a total of three

(3)affirmative votes is required for the approval of any Commission action for any decision in any zoning matter, change or variance; except summary zone change applications.

(d)Empanelment of a Hybrid Commission. A Hybrid Commission shall be empaneled for projects or applications projected to have a development cost, exclusive of the cost of the subject real property, of more than Three Million Dollars ($3,000,000).