FINALLY! A subject about Costa Rica we can all talk about!
Foreigners developing on the coast are handicapped because there are little or no guidelines for development. Guidelines for developers come from regulatory or zoning plans. These plans are — in theory — designed to align the land and human activities to the best use of resources without depleting those resources.
In the past, foreigners interested in developing have skirted the rules, especially in the maritime zone. In many cases, they have had to do so because no coherent rules were in place. Today, the Costa Rican government is finally trying to regulate growth and building, especially on the coasts with integral territorial zoning plans. Each one will encompass large areas. These integral plans are coming for areas all over the country.
My fear is that this is all too little too late. The developers who've started the ravaging have long-range 10-20 year plans for the coast. The government may SAY that they'll curb or regulate development, but the fact is that they probably have no real power to stop it. One good Tico friend of mine said that the reason politicians run for office in Costa Rica is so they can get paid off by the developers. They get VERY rich, socking their money away in some account in Panama that no one will ever hear of or see.
One very important integral coastal plan on the drawing board right now and of special interest to the government is for the Hermosa, El Coco and Bahía Azul area of Guanacaste. The government wants this plan to showcase its interest in sustainable development and promote investment. This plan includes an area of 200.5 hectares or 495.5 acres.
Yet, there's a planned construction of a "Club Nikki" right by Coco. In fact, I think it already started. And you can bet that other mega-luxury resorts will soon follow. It's the whole precedence factor. Once a mega-property gets built, it gives other developers the argument of precedence that gets them able to get exemptions and in fact total changes to coastal plans so they can get their mega-money properties built.
In Costa Rica a zoning plan for an area is referred to as a plan regulador. In the past, municipalities have had little or no money to create zoning plans. In urban areas this fact means there has been building with no planning. Development with no planning means no organization, and many subdivisions throughout the Central Valley and on the coast are suffering today because of this lack of planning and organization.
I think you need to understand something here Tim. These bureaucracies are set up solely to show the APPEARANCE that planning or some kind of approval process is in place. The developers end up getting their way no matter what. Money talks and nobody's going to turn away big bucks just so a stretch of coast can remain pristine. They will rationalize the plan as being "good" for the coastline and good for the environment, and THAT'S why it's being built. It's nauseating.
In the maritime zone, within the 150-meter restricted area, something else has happened over the years. Private interests that wanted to develop property paid for zoning plans to suit their needs. Many municipalities throughout Costa Rica accepted the privately funded plans to raise their tax bases. In some cases, municipal officials personally enriched themselves working with private companies on these zoning plans. Others just built without permission period.
Oh, they had permission alright, it was just given under the table in a non-official stance.
To get a concession from the country in the restricted area of the maritime zone a regulatory plan must be in place. Concessions are the vehicle people and companies use to make money in the restricted area. For example, to build a condominium or a resort in this area, the country must license the use — through a concession — to the individual or company. Only Costa Rican citizens are allowed to hold a concession. However, this is another one of the rules everyone skirts by using Costa Ricans as puppets when applying for a concession.
This is so blatantly obvious, and everybody knows it. It's all done for show. You really don't think any of this is going to change do you? And do you think that you, or anyone else for that matter is going to make a difference about this? This is all common knowledge the Ticos KNOW what is being done in their own country. At some point, all they can do is fight for self-preservation
The Procuraduría, the attorney general's office of the country, has tried hard to curb these practices, but officials have not had much success to date. Many people in Costa Rica bend the rules and seemingly appear to get away with doing so.
Oh... suuuurrre they have. Sorry if I sound cynical, but if you REALLY think that the attorney general or any investigative body has any teeth or integrity to stop these practices, you're in serious hopeful denial. It is NOT going to happen. Everybody in all echelons is busy dipping their beaks in the trough, while the developers get their way.
The reason the Costa Rican government wants the Hermosa, El Coco and Bahía Azul coastal zoning plan in place so badly is because the country wants to prove to the world it knows how to plan sustainable development. The government wants to provide developers a set of rules they can use in planning and get rid of the surprises that currently plague those trying to do something in Costa Rica. This plan is indeed different for the following reasons:
Well, they've already proven that they can't do it. When the whole "eco-tourism" boom started in Costa Rica in the late 80's and early 90's, the whole idea was that they would be able to preserve their natural resources AND maintain a sound tourism industry. That lasted less than 3 years. When the hotels and condos started hitting the coastlines (starting in, of all places Tamarindo and Jaco), the eco-tourism aspect became an after thought. I know this because I was in the travel business in those days, and we were marketing Costa Rica as an eco-destination. The very same tourism board that we were working with on eco-tourism, started sending us different options for beachside packages, fly/drive, resort packages, and so on. They became just another beach destination after that. Despite all the good stuff going on in the interior.
1. The project is being paid for by the Instituto Costarricense de Turismo — the tourism institute — not private companies or local municipalities. The plan is designed to promote local as well as international tourism as well as investment.
Whoever is sponsoring the plan, you can be ASSURED that the development sector has their fingers on the "plan" and the final plan will have all kinds of loopholes and exemptions to suit them. And even if they don't have it in black and white, they will still just end up doing what they want and nothing will be enforced.
Area that is subject to the zoning plan runs about 13 kilometers (about 8 miles ) along the Pacific in northwest Costa Rica.
2. It is designed to organize and plan future development.
3. Protecting the environment and natural resources is a core objective of the plan.
4. Increasing the security of concessions for those people who have obtained them is of key importance to promote foreign investment.
5. The taxes generated in sectors where there are integral plans will help the municipalities improve and maintain important infrastructure. This is a serious problem for coastal projects today.
6. Access to public zones will be enhanced for Costa Ricans.
There is also another very important element to the new zoning plans on the coast, one everyone with property in the maritime zone should know. Any structures within the 50-meter zone will be inventoried and probably be torn down. Some structures have already been demolished. This is the public area from the mean high tide line to a point 50 meters inland.
Structures within the 150 meters restricted zone also will be inventoried and analyzed. The analysis will be to determine whether or not the structures are legal. Structures that were built without permission and permits also will be torn down.
Many people in Costa Rica adhere to the unwritten guideline that it is better to ask for forgiveness than permission. In the cases where people used this method of building in the restricted zone, it may very well be the cause for the demolition of whatever they built.
Those who have obeyed the rules and followed the correct procedures will have their properties on the coast and in the maritime zone enhanced by the new coastal zoning plans. Hopefully, one of the first ones for Hermosa, El Coco and Bahía Azul area will be everything it is cracked up to be, a serious plan for sustainable development and increased foreign investment.
Hey, we can only hope that all this will have a beneficial effect. But I believe that the reason all this is being done in Guanacaste is because they already know what is going to be built there and where. All this will be mere window dressing, meant to placate some whiny residents. Again, I believe that it's all too little too late. We'll just have to see.

