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| Sala IV Strikes Down Grande Zoning Plan |
| Saturday, 31 May 2008 | |
 (TBT) The Constitutional Chamber or Sala IV has voted unanimously to strike down a zoning plan approved by the Municipality of Santa Cruz in 2006 that would have allowed low-density, restricted development up to the 50-meter maritime zone on Playa Grande. The zoning plan, titled Reglamento de Zonificación Distrito Cabo Velas, approved by the then council of Santa Cruz in July 2006, allowed condominiums, houses and even small hotels of up to 20 rooms to be built on land bordering .... .... the Las Baulas National Park. Playa Grande land owners have battled the State for years, challenging the wording of the Law that created the Las Baulas National Marine Park, one of the Pacific Ocean’s primary nesting sites for the critically endangered Leatherback turtle. On land, basic measures can be taken to minimize the stress on the turtles, they say. “What needs to be controlled are the lights and contamination of the ocean,” said Jacques Fostroy, a Playa Grande owner and Vice-President of the local Association for the Protection of the Leatherback Turtles and Development of Tamarindo Bay. “We are convinced we can protect the turtles and have sustainable development.” The chamber ruled that the zoning plan was unconstitutional as it “violated the Constitution as well as the norms of international law relating to the protection of the fauna, environment and natural heritage of the nation, which impose the duty to adapt any necessary measures to preserve the habitat of the leatherback.” The tribunal also established that the municipality did not have the jurisdiction to regulate development within the maritime zone covered by the proposed zoning plan. According to the Court, the jurisdiction over the geographic area mentioned in the plan which comprises the totality of the land portion of the Las Baulas National Marine Park, falls under the Ministry of the Environment and Energy (MINAE). At the time of the passing of the zoning plan, MINAE officials scoffed at the municipality’s vote, saying it made no difference to the existing laws. “Santa Cruz believes that by signing that development plan, it will be a substitute for the directives of MINAE, but that is an erroneous interpretation,” said Emel Rodríguez, Director of the Area de Conservación Tempisque, at the time.  Photo TBT: Court put breaks. The Constitutional Chamber voted to strike down a zoning plan that had been approved by the Municipality of Santa Cruz to regulate low-density development along Playa Grande. The high court said the municipality acted outside its jurisdiction. The zoning plan was drawn up by Dr Freddy Pacheco, a Professor of Marine Biology at the National University. Dr Pacheco is a staunch opponent of the Prosecutor General’s interpretation that the term “aguas adentro” or “from the water” contained within the Law refers to 75 meters “inland”, instead of “towards the ocean”. Dr Pacheco echoes the contention of the owners of Playa Grande that expropriating land will not save a single turtle, arguing the real damage to the leatherback population is done by long-line fishermen out at sea. “The court has declared the plan unconstitutional and has put a break on everything,” he said. “I don’t consider the matter to be depressing because what we did was to be consultants on a job, although it was done with passion.” The appeal was filed by the environmental group The Leatherback Trust which has lobbied the government of Costa Rica to protect the leatherback’s habitat by expropriating the three kilometer fringe of beachfront land which owners say could be worth over $ 1000 a square meter. The Leatherback Trust believes not only should the park area be wholly protected, but the 500-meter zone beyond that is a critical buffer zone in need of regulation. Paradoxically, in an article authored by a handful of experts in the field, including James Spotila, the President of the Leatherback Trust, and published this month in the journal Ecology of the prestigious Ecological Society of America, the scientists arrive at the same premise that Playa Grande owners have held unwaveringly through the years. The article concludes that the leatherback’s numbers are dwindling precipitously, not through man’s interference in Playa Grande, but rather to phenomena outside the controversy. “In the Eastern Pacific, incidental mortality from coastal fisheries, particularly gillnets, appear to be the major anthropogenic influence on adult survival,” says the article, referring to commercial fishing’s induced sky-high marine turtle mortality rates. “At the major nesting complex for Eastern Pacific leatherbacks located in Costa Rica, egg harvesting is no longer a factor, and even though beach protection has continued there for almost 16 years, no recovery has been observed,” concludes the treatise. The government—through declarations by the Minister of Environment—has said they do not have the money to pay for the expropriations. Dr Pacheco agrees with owners that the law states that while the properties haven’t been expropriated, they continue to retain all privileges of private property. “What will happen when the first expropriation process comes through and the government admits they don’t have the money to pay for it because if they are going to expropriate, they must expropriate every single property including the houses already built, like that of the Leatherback Trust,” he adds Mr Pacheco says he believes the government is highly doubtful of the expropriation processes. “We attended a meeting at the presidential palace with members of the municipality (of Santa Cruz) and Dr Arias said he dreaded the moment he would tell the Minister of the Treasury that the State had to make those payments.” Comments (0)
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