Defining and Measuring the Coastal Maritime Zone or ZMFT
The beaches of Mexico are a protected area, open to all. If you own coastal land you must provide access. Legal contributing author provides us this information on the rights and obligations of the maritime coastal zones.
The said zone is legally described as a strip of land which is 20 meters from high tide towards inland and it is measured from what the law considers as a beach.[1]
When one reads legislation (law or by-law, degree, Order, etc.) one must interpret every word so as to be able to know the exact intention of the legislator’s thus here we must describe first what is legally a beach (Playa) and the expression “Zona Federal Maritimo Terrestre” which translate to Federal maritime zone.
“Playa maritima”: The legislator`s description establishes this as the area of land which is covered and uncovered by the tides.[2]
The law also indicates that the Federal Maritime zone starts at the average high tide mark where the land has less than 30 degrees from the horizontal plane. This brings in an other factor into the equation…in other words how does one establishes the average high tide mark where the sediments and sand are constantly moving…causing the FMZ to move and even encroach on properties fronting the sea.[3]
To help
into establishing this line the government agency called “SEMARNAT” has maps indicating where the FMZ starts; said maps[4]
must be used when a surveyor has to establish the area and he must indicate in his
plan and report the Universal Transverse
Mercador (UTM) coordinates.[5]
The concession of the FMZ must be obtain if one has build on said area and one should request one of the three types of concession[6] if one’s property fronts the sea[7]. Said concessions are granted for long periods and can be renovated in the event that the holder did not violate any of the conditions under which the concession was granted including payment of the fee.
In the
event that a concession is approved to build one must present plans of the
construction and also of the system(s) so as to respect all environmental
consequences; in other word one must hire an expert in environmental issues so
as to do the proper studies and emit a full environmental impact report. In the
event that one decides to build without having s
ubmitted said report one will
face federal criminal charges plus heavy fines which are emitted by “PROFEPA”.[8]
When one purchases a “beach front property” on the sea one should have pictures taken and have a “Notario Publico” give faith to the photos so that in the event that at a latter date “PROFEPA” inspectors decide that all or part of the constructions were made on the FMZ proof can be produced that the new owner did not do such thing. Said decision must be duly served personally and every step in the Federal Procedural Code must be respected.[9] The imposed fines are not the responsibility of the new owner but the situation will have to be regularized as per the law.[10]
The concession Rights can be either kept or transferred when one sells the real estate property fronting the sea; in the event that one wants to transfer his Rights one can request monetary compensation for the transfer which must be approved by “SAMARNAT”.[11]
Since the law describe the physical aspect of a Federal Zone [12] one must be aware that if the land is not as per the legal description that there is no possible “Zona Federal Maritimo Terrestre” (Federal maritime zone) thus one can not acquire a concession.
In conclusion, the said areas, beach and Federal Zone, are public domain which can be used by anyone thus an owner of Real Rights or of Personal Rights on a property fronting the areas can not restrict or deny access.[13] This been said, access is to be on foot thus path can be restricted to one meter wide. The law also is very clear on all the restrictions so as to eliminate all and any contamination.[14]
Any queries regarding this of any other legal subjects will be answered by the author.
Contact Information
Lic. J.E. Beaulne, LL.B.
Abogado / Avocat / Attorney at Law,
International real estate investor
Member of Lawyer's college in B.C.S.
Firm´s Senior Partner,
Notaria 8, Planta Alta, suite 4 & 6,
Esq., Allende y Serdan,
La Paz, B.C.S., Mexico. CP 23000.
24/7
From outside Mexico: 011 52 1 (612) 348-9793
In Mexico:045-(612) 348-9793 cell
[1] Articles 3. and 4. of the REGLAMENTO PARA EL USO Y APROVECHAMIENTO DEL MAR TERRITORIAL, VÍAS NAVEGABLES, (Regulation for the use and utilization of the territorial mar, navigable routes, beaches, federal zone maritime terrestrial and areas gained from the sea).
[2] Article 7-IV. of the LEY GENERAL DE BIENES NACIONALES (General Law of Nacional Goods)
[3] Article art., 3. of the REGLAMENTO PARA EL USO Y APROVECHAMIENTO DEL MAR TERRITORIAL, VÍAS NAVEGABLES, (Regulation for the use and utilization of the territorial mar, navigable routes, beaches, federal zone maritime terrestrial and areas gained from the sea).
[4] Some coordinates and maps are not accurate and in some cases extremely incorrect, thus one should consider them with caution.
[5] In the event that the surveyor or anyone else indicate that the maps and /or UTM coordinates are wrong one must file a legal request in front of the Federal Tribunals, a plan of the property and area plus a written dated and signed report by an expert surveyor along with photos taken by an expert photographer must be annexed to the request , physical markers on the land must be installed also so as to indicate the real coordinates when the judicial inspection by the Tribunal is done.
[6] The types are: To conserve in a natural state, to have boats on the area, to build on.
[7] Before starting the process one should request in writing to “SAMARNAT” to verify in the National Registry if anyone else has the concession; must be included the UTM coordinates of the specific area one wants the concession.
[8] Federal agency which emits fines and stops work when one did not respect the environmental law.
[9] One should immediately contact an expert lawyer, many served documents have defects and this opens a door for having the case cancelled.
[10] The opinion, along with a plan of the area, of an expert surveyor must be included in the contestation.
[11] One who acquires a property, either with a “fideicomiso Traslativo de Dominio” (FTD contract) or an Escritura should always check if the Federal zone is under an existing concession and if not acquire the concession .
[12] Infra, page 1, note 3.
[13] First paragraph of Article 7. of REGLAMENTO PARA EL USO Y APROVECHAMIENTO DEL MAR TERRITORIAL, VÍAS NAVEGABLES, (Regulation for the use and utilization of the territorial mar, navigable routes, beaches, federal zone maritime terrestrial and areas gained from the sea).
[14] Article 7. I., to 13. of REGLAMENTO PARA EL USO Y APROVECHAMIENTO DEL MAR TERRITORIAL, VÍAS NAVEGABLES, (Regulation for the use and utilization of the territorial mar, navigable routes, beaches, federal zone maritime terrestrial and areas gained from the sea).