The relevance inherent in the development of Mexican coastlines is undeniable. There have been huge investments impacting the country’s economy and the creation of thousands of jobs. These are just two of the most important effects produced by real estate developments, marinas, hotels, condominiums and luxury homes on the coast.
Therefore, it is essential that investors understand the laws that govern these coastal areas. They are essential, because the legal consequences stemming from such laws will have a direct impact on any real estate purchase or sale and will affect any piece of property from the planning phase onward. An informed legal outlook will allow the investor to exert his/her rights as foreseen by law, but a faulty outlook will produce sanctions, penalty fees, closures and even criminal lawsuits.
HOW IS THE MEXICAN COAST ORGANIZED AND WHAT ARE ITS MAIN ACTIVITIES?
There are 17 coastal states and 167 counties that border the sea. There is a population of about 15 million inhabitants. There are about 8,600 miles of Mexican coastline where developments, hotels, condominiums, villas, marinas are built and operating. Additionally, there are many more in the planning phase. Most of the activities are related to marine sports, especially in tourist ports. However, there are also areas where the maritime industry, like shrimp fisheries, flourish. There are also conservation areas to protect wild life.
SO, WHAT IS THE MARITIME FEDERAL ZONE?
This area is considered public domain owned by the federal government. It includes any islands and a 65-foot strip of passable, continuous, dry land. When beaches are present, this measurement begins at the highest registered high tide mark. In terms of rivers, the federal zone is measured from the mouth to 300 feet upriver. Lagoons (permanent water deposits connected to the ocean), and estuaries (bodies of water permanently fed by the sea) are also considered federal zones 20 meters from greatest reservoir registered or from the high tide mark.
The federal maritime zone is federal public domain because it is considered to be “within the area of national property which the government controls according to public law, so that its use and enjoyment can be regulated, and its conservation and rational use can be ensured” (according to Administrative Law by Rafael I. Martinez Morales, p.82). The idea of encompassing federal maritime zones within public domain property is to protect them and maintain the ecology. This idea is shared by Professors Delgadillo and Lucero in their Administrative Law Compendium, where they state that, “this idea adopts a conservationist position considering that the ecological aspect is not expressly recognized. However, all protectionist or guardianship of such persists through time within the legislation.” It seems like society, although largely unaware of such, has tried to preserve areas of historical importance by sheer self-conservation instinct.
Lic. Alejandro Flores Von Borstel
Basilio Badillo 417 Col. Emiliano Zapata
Tel. (322) 223 0708
