Environmental Protection & Environmental Studies on Development
Like many other countries, Mexico has enviornmental protection laws in place and certain contruction projects and land holdings are subject to environmental studies.
Each and every owner of beach front property, either through a FTD contract or “Escritura” is subject to inspection and sanction by PROFEPA ( environment DA).
One who has Personal Rights or Real Rights on the property must abide by the laws which govern the environment so that no damage is done. To do this one must refer to the rules established by the government and applied by the agency called SAMARNAT.
Beach fronting properties:
Two basic rules: If you are to use the property as a private home you do not need an environment impact study but if you are going to operate a commercial place you must have said study done by government approved experts; this been said one is ahead of the game if one investigate what one can do or not do before doing any changes on the property.
Interior properties:
One can not just bulldoze scrubs and trees without a permit…one has first get in touch with the government authority called SAMARNAT and request a permit to cut down shrubs and trees. Some of the native trees are protected and one who cuts down a protected tree will pay a heavy fine as per the law, thus the need to enter in contact with the authority before doing any modification on the land.
Conclusion:
The protection of the environment in Mexico is done through several laws, by-laws and presidential decrees and only experts in the matter can provide the proper information on the laws which are constantly changing, fines are heavy thus the need to hire only the best who really knows what are the applicable law and regulation for each area.
In case you are visited by an inspector from PROFEPA you must not sign any documents unless you clearly know what is reported on the report and you must immediately contact expert lawyers so as to make sure your Rights are respected before sentence is rendered…
For information on the above subject or any legal issue please contact me,
Lic. Jacques-Edouard Beaulne,
Lic. J.E. Beaulne, LL.B.