July 26th, 2024
Sales Department
In the competitive world of real estate development in Mexico, it is crucial to understand and comply with environmental regulations, especially when it comes to projects in coastal areas. In this article, we will explore Environmental Impact Statements (MIA) and Federal Maritime Terrestrial Zones (ZOFEMAT), as well as the consequences of not adhering to these regulations.
What are MIA and ZOFEMAT?
MIA (Environmental Impact Statement): This is a detailed study that assesses the potential environmental effects of a project. Its objective is to ensure that developments are sustainable and do not harm the natural environment.
ZOFEMAT (Federal Maritime Terrestrial Zone): ZOFEMATs are coastal areas under federal jurisdiction. These zones must be respected and protected due to their importance for the ecosystem and the local economy.
Importance of Complying with MIA and Respecting ZOFEMAT
- Environmental Protection: Complying with these regulations is vital to protect the environment and conserve natural resources.
- Legal Security: Adhering to the regulations avoids legal penalties and ensures that projects proceed without interruptions.
- Social Responsibility: Demonstrating commitment to the community and the environment enhances the project’s image and attracts more investors and buyers.
Consequences of Not Complying with MIA
- Fines and Penalties: Environmental authorities can impose significant fines and legal penalties on those who do not comply with the MIA.
- Work Suspension: Projects may be suspended until the necessary regulations are met.
- Reputation Damage: The developer’s image can be severely affected, losing the trust of investors and customers.
Consequences of Not Respecting ZOFEMAT
- Demolition of Constructions: Illegal constructions in ZOFEMAT can be demolished by authorities.
- Legal Conflicts: Not respecting ZOFEMAT can lead to prolonged and costly legal disputes with federal authorities.
- Negative Impact on the Ecosystem: Altering natural habitats can affect biodiversity and the natural resources on which many coastal communities depend.
Real Cases in Mexico
There are several nationally known cases of illegal constructions in ZOFEMAT where the consequences included demolitions, resulting in economic losses for the developers.
- Demolition of Hotels and Tourist Developments in Tulum, Quintana Roo: In 2016, several properties in Tulum were demolished by PROFEPA due to illegal constructions in ZOFEMAT. One of them was the Hotel Coqui Coqui, which also lacked the necessary land use change permits, causing significant ecological imbalances in the region’s ecosystems.
- Demolition of Works in Holbox, Quintana Roo: In 2018, PROFEPA ordered the demolition of various works in Holbox that were carried out without authorization in ZOFEMAT. This involved 39 closures of properties and real estate projects that lacked measures to mitigate or prevent the impacts generated by the works and did not have the necessary land use change authorizations.
- Destruction of Mangroves in Malecón Tajamar, Cancun: In 2016, a project in Malecón Tajamar involved the destruction of mangroves and direct harm to species such as crocodiles, lizards, and birds, which generated a strong reaction from activists and local residents. Despite the irregularities, the project was halted three years later, and FONATUR, the developer, continues without reimbursing the lost money to investors.
- Eviction and Demolition in Sayulita, Nayarit: In 2017, PROFEPA carried out the demolition of a well-known convenience store because it operated without the federal environmental impact authorization issued by SEMARNAT. As part of the sanction, the Attorney General also imposed a fine of 400,259.20 pesos and ordered the restoration of the area affected by the store’s construction.
What Can Developers Do?
- Comply with Regulations: Conduct environmental impact assessments and obtain all pertinent permits and licenses.
- Sustainable Planning and Design: Design projects that respect protected areas and use sustainable construction materials and practices.
- Transparency and Community Involvement: Involve the local community and maintain open communication with authorities and the community.
- Monitoring and Compliance: Establish continuous monitoring programs and be willing to adapt plans and practices as necessary.
Conclusion
Respecting MIA and ZOFEMAT is not only a legal obligation but also a responsibility to the environment and the community. Developers who prioritize sustainability and regulatory compliance not only avoid penalties but also build a positive reputation and contribute to the well-being of our planet. Cases like Malecón Tajamar in Cancun and several developments in Tulum and Playa del Carmen show the severe environmental and legal consequences of not respecting these protected areas. Similar concerns have arisen in Oaxaca, in Carrizalillo, Palmaritos, and Puerto Escondido. To avoid these problems, it is essential that real estate developers comply with all environmental regulations and design their projects sustainably.
Protecting ZOFEMAT is crucial for the conservation of our coastal ecosystems and sustainable development. By following these strategies, developers not only comply with regulations but also contribute to environmental conservation and the long-term sustainability of their projects.
Respecting ZOFEMAT not only protects our natural environment but also ensures a prosperous and balanced future for our coastal communities.
If you want guidance on this topic, contact us, and one of our professionals will help you resolve your doubts. Follow us on all our social media platforms as SILMÉXICO and tune in to our podcast “Real Estate y Negocios en México,” where we provide valuable information related to the world of real estate and business.
