Arias Signs Planning Decree For Guanacaste

Apr 11, 2008

By Ralph Nicholson and Zoraida Diaz , GUANACASTE, Costa Rica (The Beach Times)

Law Seeks To Control Building Height, Density

President Óscar Arias signed into law on Wednesday a sweeping decree that will radically restrict development along the Guanacaste coast.

The decree, which sidesteps local municipalities, reins in construction in terms of height, density and minimum easements from the coastline to about four kilometers (2.5 miles) inland.

Beachfront development, up to 150 meters back from the high-tide mark, will be restricted to 16 meters (about 52 feet), which the government says could be three or four stories, depending upon building design.

The new law, known as the Decree of Territorial Organization for the Chorotega Region, is expected to be published in the government’s official newspaper, La Gaceta, within days.

Further, the government now intends to turn its attention to Puntarenas, concentrating on the central Pacific coast and the Osa Peninsula.

Jorge Woodbridge, the Minister of Competitiveness and arguably the chief architect of the proposal, confirmed they were drafting decrees for both the central and south Pacific.

“It will be faster for the other regions,” Mr Woodbridge told The Beach Times after the signing. “The decrees for the central and south Pacific will be ready within 15 to 22 days.”

He warned height restrictions in those areas may be even more stringent.

“It could possibly have less than the 16 meters allowed (in the Guanacaste decree),” he said.

Developers will have a six-month moratorium within which to operate. Any construction, provided it receives all necessary permits within the next six months, can begin under previously existing rules.

The decree has been more than a year in the making, and will stay in effect for four years, a time period that can be extended by the next government. That duration represented something of a stumbling block with the document’s negotiators. The timing had to be short enough to encourage local municipalities to come up with their own regulatory plans, but long enough to overlap a new government.

Further, Mr Woodbridge confirmed he was working with the National Technical Secretariat of the Ministry of Environment (SETENA) to prepare what he called evaluaciones ambientales estratégicas, or strategic environmental evaluations, of the most adversely affected urban centers along the Pacific coast, such as Tamarindo and Jacó.

“These are studies to reflect river basins, mangroves and other environmental fragility indicators,” Mr Woodbridge said. “This is to protect the water resources and the aquifers, which have been adversely affected by unfettered development.” The government has identified four zones in the plan.

The first is the Maritime Public Zone, 50 meters (about 160 feet) from the high tide mark, upon which nothing can be built. The second, or Restricted Zone allows buildings up to 16 meters from the 50 to the 200-meter mark. The height allows for a three-story building, but the government says with a creative architectural design it could be four stories, provided the maximum height of the structure is 16 meters.

The third zone, is know as the Intermediate Zone, which allows heights of up to 24 meters (78 feet), which the government says can be six stories, up to 800 meters inland.

Finally the Internal Zone, which covers the next four kilometers (2.5 miles) allows for building heights of up to 24 meters (about 120 feet). The government says that can be nine stories high.

In all three building zones, construction cannot exceed 65 per cent of the property area, including car parks, swimming pools, decks and other covered external areas.

“In reality, the actual buildings allowed will have to occupy more like 40 per cent of the total area,” Minister Woodbridge said.

The decree also calls for proven availability of water, access to a public road, and environmental viability studies.

The Minister for Tourism, Carlos Ricardo Benavides, a strong proponent of the decree, told journalists Costa Rica had to protect it’s branding as a tourism destination associated with its natural bounty.

“There has been a tendency towards an accelerated housing and tourism development…and overcrowding has hurt us,” said Mr Benavides. “Urban growth has and must have limits to the way land is used.”

Minister Benavides said the decree was also in response to what he called “the municipalities’ inability to deal with the unchecked growth”.

“The municipalities have not approved the regulatory plans needed,” said the Minister. “This development obliges the municipalities to provide basic services; we demand of them potable water, sewerage systems, garbage collection services —things for which the municipalities are ill-prepared.”

Guanacaste’s municipalities have reacted generally with optimism to the decree.

Carlos Cantillo, Mayor of the Municipality of Carrillo, said the decree is extremely important for the canton.

“This will guarantee order in the maritime zone in a homogenous manner, as the current regulatory plans, in their majority, are drafted by the investors themselves,” Mayor Cantillo said. “Every time there’s a regulatory plan approved there are groups that benefit while other sectors are harmed.

“The regulatory plans approved many times do not contemplate if the development proposed has the infrastructure needed, if there’s availability of water, or electricity or even medical services,” he said.

Adrian Rojas, the President of the Municipal Council of Santa Cruz, said he was not familiar with the decree but would respect it and comply by it.

“But I don’t share it wholly because the areas along the maritime zone don’t all share the same characteristics,” Mr Rojas said. “It’s not the same along the Santa Cruz coast as the Limón coast, or the coast of Buenos Aires of Puntarenas.

“They (the government) needed greater dialogue with the municipalities,” he added. “They should have met with the municipal councils’ maritime zone commissions.”

Brent Reynolds from the Baltimore-based Union Box Company welcomed the decree.

“This is a good thing,” said Mr Reynolds, who is developing about 800 hectares (2000 acres), on two beachfront properties in Guanacaste’s north.

“It doesn’t negatively affect us at all,” he said. “Nothing on our development is more than two or three stories high. This doesn’t affect us in terms of either height or density.”

Mark Schneider, a Tamarindo resident and a critic of unchecked development agreed the decree was something that was clearly needed.

“The most important thing right now is to let us know exactly what the height restrictions are,” he said.

The decree, which was expected to be announced on Guanacaste’s annexation anniversary in July last year, was delayed while various government institutions, as well as private development groups, and construction and tourism chambers were all consulted.

“This has been a great effort,” conceded Mr Woodbridge.

Source: http://www.thebeachtimes.com/