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Update on the Plan Regulador for the District of Tamarindo
Sunday, 02 March 2008
Photo (ukn): Crowded High Density Development(APMT) Many people have been working very hard to see that the Plan Regulador becomes a reality as soon as possible. A legal framework for development in our area will help to deter the destructive track which we are currently on.

It will also help developers by eliminating confusion and doubts about what is sustainable development.

However, this Plan will not be the savior of Tamarindo alone: there are ... 

Picture (ukn): Tamarindo in1994
Picture (ukn): Tamarindo was once a Forest
... three interconnected efforts that must be accomplished.

The first step has been in process for almost a year now. This is a federal directive (decree) to control high impact development until the necessary infrastructure is in place. There have been many technical studies, several meetings with government officials and everyday there seems to be more information necessary to complete this task. A few weeks from now will be another, and hopefully final, meeting with the federal government on this decree.

The second step is the completion of the Plan Regulador (Urban Plan).  This process was started a long time ago, but if this Urban Plan is not completed properly it will not be accepted, nor enforceable, nor serve the purpose for which it is being created. A lot of time and a lot of your money has gone into the necessary scientific studies that are the basis of this Urban Plan, so that it is both environmentally and  scientifically sound, and so that it can stand up to the inevitable legal attacks that will likely ensue.

Picture (ukn): So Pretty, what a shame
Picture (ukn): Crowded in Downtown Tamarindo too
The third step is the ability to enforce the rules & regulations that constitute the Urban Plan. The government institutions that issue building permits for unsustainable development will tell you that without a comprehensive “Regulatory Plan”, they will have no power to deny permissions and approvals. Our ability to succeed in the first two steps will determine how successful future enforcement will be.

The connections between these steps are clear. Without the directive from the federal government, there will not be anything left to regulate by the time this Plan becomes active. With the directive in place, there will be an incentive to approve our future Plan in a timely manner; without it, the process will be delayed and sabotaged along the way. The environmental impact studies that were completed over a year ago, the amplification of these studies that are now being done, court cases, sewage questions, drainage, roads, water, social issues - all of this, and the time and money it takes to deal with it, is part of our future Plan Regulador. Being interested in, or funding only a part of the process, is a failure to see the big picture.

Picture (ukn): Estuary to the North, South and in the middle
Picture (ukn): Bird’s Eye view
Many people have questions about our existing Plan Regulador. In particular, they want to know how this new Plan will be enforceable when our existing Plan has not been. In 1999 a comprehensive plan for the development of Tamarindo from the Estuary to Punto Madero or San Francisco, point and 200 meters inland was established by ICT.

This is a valid official document outlining building heights, percentage of green areas, setbacks, sewage, illumination, runoff, noise, green zones, protected areas, and all other aspects of sustainability. There is no confusion. It has never been lost, ignored perhaps, but not lost.

This is a well written plan for the sustainable development of Tamarindo next to the beach, but it has been disregarded because of greed. You can find the regulations online here and the map here. Both documents are also available in the APMT office. Everyone in Tamarindo should at least take a look at some examples of the regulations in this plan: maximum land coverage; 40%, maximum height; 7- meters or two floors, perimeter setbacks; a minimum of 3-meters.

The validity of this Plan over the years has been questioned. Was it published in “La Gazeta"? Does it include private property? Why doesn't the Municipality enforce it? The situation with our existing Plan Regulador is similar to what has happened in Playa Grande with the description of the park boundaries. A technicality in the wording of the law has been going back and forth for years. The intention or purpose of these laws is what is important. The survival of our coastal ecology is what is at stake. Living and doing business in the middle of a national park has made it our responsibility to recognize and respect this document.

Our future Plan Regulador will be a more inclusive, scientifically substantiated plan covering the entire district instead of just a 200-meter wide band. A larger number of government entities will sign on to this Plan and perhaps the timing is better now than ever before. Every homeowner, business owner, visitor, developer, and government official should agree that the development taking place in Tamarindo is out of control. It is time for the community to stand up, take part in this process and become the best enforcers of the new Plan Regulador through their own vigilance and actions.




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