On June 1st, Law No. 10210 was enacted, including articles 32 bis and 33 ter into the Forestry Law.
This legislation facilitates the building, utilization, and administration of low-impact environmental projects designed to promote tourism in the channels and protected regions of rivers, streams, and brooks.
Historically, the Forestry Law has forbidden, as interpreted jurisprudentially, all forms of labor and construction within the protection zones of water sources.
The protective zones of aquatic bodies (including lakes, lagoons, springs, rivers, streams, brooks, etc.) are governed by Article 33 of the Forest Law and impose restrictions on private property rights, intended to safeguard water resources and maintain or restore the adjacent forest cover.
Article 33 of the Forestry Law delineates the measurement of protective zones for each category of water body to accomplish this purpose. Consequently, a protective zone is established for the region adjacent to permanent springs, extending to a radius of 100 meters.
The statute stipulates a fifteen-meter buffer zone in rural regions and a ten-meter buffer zone in urban areas, measured horizontally on both sides of rivers, streams, and brooks in flat terrain, and fifty meters on difficult terrain.
Restrictions on property rights in protected areas encompass the ban on cutting or removing trees, except for projects deemed of national interest (per Article 34 of the Forestry Law), alongside a prohibition on the construction of structures and, broadly, any use that contravenes the protective intent, as inferred from jurisprudential interpretations, given that the legislation does not explicitly delineate this prohibition. Refer to decisions 199-2010 First Chamber, 751-2002 and 1158-2008 Criminal Cassation Court, 74-2010 Constitutional Chamber, OJ-0912017, OJ-158-2021 PGR.
These limitations apply uniformly, regardless of whether the protected area is situated on state territory or private property.
The legal repercussions of encroaching upon a protected region, whether for deforestation or construction, include administrative fines such as demolition of structures and imprisonment ranging from 3 months to 3 years, as stipulated in Article 58, Section an of the Forestry Law.
Law No. 10210 includes an exception to these prohibitions.
As of June 1, construction activities within the protective zones of rivers, streams, and brooks are prohibited and deemed illegal, except for low environmental impact structures intended for tourism, which must receive prior approval from the relevant authority and adhere to legal and regulatory stipulations.
The reform enumerates potential projects for the advancement of tourism activities in riverbeds and protected river environments, including observation platforms, bridges, suspension bridges, zip lines/canopy tours, signage, and additional features. Contingent upon permitting access, observation, and secure enjoyment of natural environments with minimal impact.
The approval of such constructions, along with their utilization and administration, is solely the responsibility of the Directorate of Waters of MINAE.
This reform permits, with prior administrative authorization, the building, maintenance, and repair of civil works in riverbeds and protection areas of rivers that serve a public interest, constituting an exemption to the prohibition. The regulations specify: dikes, walls, culverts, bridges, aqueducts, intakes, diversions, calibration of water under concession, drains with nets for solid waste collection, and infrastructure for stormwater discharge.
The legislator allocated MINAE a three-month period, concluding on September 1st, to implement the law’s regulations. As of now, the Ministry has yet to present the document for public consultation. This law is crucial, as it will delineate the requirements, requisite studies, and timelines for the Administration to adjudicate construction, usage, and management authorizations in protected areas.
Law No. 10210 signifies a paradigm shift by permitting the construction and low-impact ecotourism activities in the riverbeds and protection zones of rivers, streams, and brooks, aligning with the ecological integrity of these areas as it does not entail land use alteration or deforestation.
The law should have been formulated with greater precision and systematic clarity. The chance to permit the construction of projects and the advancement of ecotourism initiatives in additional aquatic environments (lakes, lagoons, springs) and their conservation zones was overlooked and should not have been restricted solely to rivers, streams, and brooks.
The reform illustrates the feasibility of harmonizing environmental protection with the advancement of sustainable tourist initiatives. Accomplishing this will rectify the neglect afflicting many regions, particularly metropolitan areas, while simultaneously fostering economic regeneration through the creation of new productive connections.
