Those that, at the time of publication of the Regulatory Plan, do not comply with what is indicated in this regulation, must proceed in accordance with the PROTOCOLO PARA LA APLICACIÓN Y GESTIÓN DE LO DISPUESTO EN EL ARTÍCULO 3 DE LA LEY 9242, for which, for plan management purposes, the Municipality shall have a period not exceeding 6 months for its enactment and publication.
ANNEXES
DOCUMENT ANNEXED TO THE ZONING REGULATION OF THE COASTAL REGULATORY PLAN FOR THE MARITIME TERRESTRIAL ZONE (ZMT) OF THE DISTRICT OF CAHUITA, CANTON OF TALAMANCA BACKGROUND:
The Municipality of Talamanca, taking into account that the population of the canton of Talamanca and mainly the coastal inhabitants of the district of Cahuita, represented at the time by the Cámara de Turismo del Sur, the comprehensive development associations of the communities of Manzanillo, Puerto Viejo, Hone Creek, and Cahuita individually, who for many years have been fighting to defend their legal and cultural interests over the lands inhabited before the enactment of the Ley de Zona Marítima Terrestre N° 6043, and whose rights have been allegedly violated through interpretations and resolutions of the Contraloría General de la República and the Procuraduría General de la República, to the point of causing instability and insecurity regarding the permanence of the coastal inhabitants of the district of Cahuita, by issuing instructions to the Municipality of Talamanca to initiate administrative processes for the eviction of families and their businesses already built with permits from this Municipality.
Faced with these threats, the Municipality appealed to the Deputies and the Executive Branch to request their support through the enactment of laws that would protect the coastal inhabitants of Talamanca and legally resolve their occupation; giving rise to various legislative bills that were approved by the Legislative Assembly and countersigned by the Executive Branch, among which we mention the Moratorium Law for Special Areas for a two-year term, said law being, as of today, N° 9577, "Ley de Protección a los Ocupantes de Zonas Clasificadas como Especiales," which expires in July 2024 (popularly known as the Moratorium Law). Other laws that were enacted include the Ley de los Derechos de los Habitantes Costeros del Caribe Sur, the Ley de Declaratoria de las Zonas Urbanas Litorales, and the Ley de Regularización de las Construcciones Existentes en la Zona Restringida de la Zona Marítima Terrestre, which has enabled the construction of this Regulatory Plan.
However, for compliance with the aforementioned laws, it is necessary for the Municipality to have a Coastal Regulatory Plan. Therefore, at the request of the Municipality, the chamber of tourism, and the aforementioned development associations, a motion was presented through a deputy in the Comisión de Hacendarios of the Legislative Assembly to approve a specific budget item in the name of the Municipality of Talamanca to finance the creation of the Regulatory Plan, in accordance with the provisions of the Código Municipal Ley N° 7794 of April 30, 2008, and the Minister of Finance was requested to disburse said resources.
The Municipality of Talamanca, as a result of the pressure from evictions and demolitions in the Zona Marítima Terrestre, prioritized the use of said resources for the construction of the Coastal Regulatory Plan for the District of Cahuita, beginning its process in 2014 with a session with the representatives of the formal organizations existing at that date and representatives of the communities of Cahuita, Puerto Viejo, and Manzanillo, who were informed of the Municipality's intentions, achieving the formation of working groups in each of the communities for purposes of initiating the process of identifying the State's Natural Heritage, the construction of the first zoning maps, the completion of the hydrogeological assessment of the study area, and finally, after several meetings, establishing a cooperation agreement between the INVU and the Municipality, so that this public entity would be responsible for the construction of the Coastal Regulatory Plan for the District of Cahuita, an agreement that was signed in 2017 and where the conditions that the Coastal Regulatory Plan for the district of Cahuita should meet and the obligations of the parties were established.
The Municipality of Talamanca continued with actions in pursuit of protecting the rights of the coastal inhabitants of the district of Cahuita, for which the Municipal Council, in extraordinary session No. 121 of June 19, 2014, adopted agreement No. 4 resulting from the motion presented by councilor George Brown Hudson, which states in point 2 of the Motion the following:
"As a second point, that as provided in Ley 9221, Ley Reguladora de las Zonas Urbanas Litorales, in its Article 5, subsection A), it provides that the Municipal Council must adopt an agreement requesting the declaration of coastal littoral urban zones before the CIZUL, therefore, an agreement be adopted that reads as follows: The Municipal Council of Talamanca agrees to formally request the CIZUL for the declaration of the Coastal Littoral Urban Zones of Cahuita, Puerto Viejo, and Manzanillo of the canton of Talamanca based on Article 5, subsection A) of Ley 9221, Ley marco para la declaratoria de zona urbana litoral y su régimen de uso y aprovechamiento territorial, an agreement approved unanimously." The Municipality of Talamanca, in the full exercise of its powers, opened a participatory process with social organizations and social actors of the coastal towns of the district of Cahuita in 2014 and 2015, holding meetings through the Comisión de Ordenamiento Territorial created by the Municipal Council, with the integration of members of the Municipal Council, Municipal officials, representation from SINAC-ACLAC, and the social organizations existing at the time, with whom a total of 17 meetings and informational sessions were held during 2014 and 2015, where we can highlight the formation of local committees in Cahuita, Puerto Viejo, and Manzanillo, who, hand in hand with SINAC-ACLAC, worked IN SITU in the identification of the State's Natural Heritage, also achieving the participation of students who completed their Trabajo Comunal Universitario with the delivery of informational flyers on the Proposal for the Construction of a Coastal Regulatory Plan.
Once the agreement was signed with the INVU in 2017, in 2018, 3 informational workshops on the Regulatory Plan proposal were held in the communities of Cahuita, Puerto Viejo, and Manzanillo, incorporating the identification of the State's Natural Heritage, which was certified in 2017 by the Directorate of SINAC-ACLAC. During 2018, 9 meetings were held with focus groups that have a direct bearing on both the tourism-cultural development model and the environmental aspect of the study area.
These workshops were led by the INVU with accompaniment, in some cases, by the Municipality of Talamanca.
With the environmental license granted by SETENA, the initial approval by the board of directors of ICT, and the delivery by the INVU of the documentation for the Coastal Regulatory Plan Proposal for the District of Cahuita, which was built in accordance with the provisions of the Manual para la Elaboración de Planes reguladores en Zona Marítimo Terrestre, the Municipality held a total of 11 informational talks in the communities of Cahuita, Puerto Viejo, Manzanillo, Punta Uva, and Playa Chiquita, providing information to the general population and publishing the documentation related to the Regulatory Plan on the Municipality's website and social media, as well as opening a specific email address to receive comments on the Regulatory Plan proposal, and also attending to the population at the municipal offices for those who wished to obtain more detailed information.
During these talks, 3 were held specifically with the Afro-descendant population in the Limonense Creole language, 1 with residents of other nationalities in the English language, a meeting with the fisheries commission of the Municipality of Talamanca, which brings together the fishing associations of the coastal zone of Talamanca, and a meeting with the Comisión Municipal de asuntos de la Población Afrodescendiente del cantón de Talamanca. In each of the 11 meetings, a brochure with information on the Regulatory Plan Proposal was provided. All these activities were carried out between June 15, 2023, and July 27, 2023, with the sole objective of ensuring the population had the necessary information before the public hearing.
By agreement of the Municipal Council, which was published in the official gazette, the public hearing was held on August 4, 2023, during which the INVU officially presented the Regulatory Plan Proposal to the 406 people who attended said hearing. As provided for in the public hearing regulations, a period of 15 business days was maintained to receive comments from residents, providing a period from the start of the talks on June 15, 2023, to the closing of the receipt of comments on the Proposal for the Coastal Regulatory Plan for the district of Cahuita on August 28, 2023, giving the population a total of 74 calendar days to express their opinions and submit their observations on the proposal.
- 1That in application of the provisions of Article 15 of the Ley de Planificación Urbana, number 4240 of November 15, 1968, the competence and authority of Municipal Governments to plan and control urban development within the limits of their territorial jurisdiction is recognized.
- 2That it is a function of the State, the municipalities, and other public entities to define and execute national territorial planning policies aimed at regulating and promoting human settlements, economic and social activities, and general development, in order to achieve greater welfare for the population, as well as the use of natural resources and environmental conservation.
- 3That as established in Articles 59 and 60 of the Ley de Planificación Urbana, the Comisión Local de Planificación shall be formed, whose coordinator must have knowledge and experience in the matter, so that together with the Institute's officials they may prepare the proposal for the cantonal regulatory plan, complying with current urban planning and environmental regulations. Said coordinator shall submit the final product to the Municipal Council for approval pursuant to Article 17 of the aforementioned Law.
- 4That Convention 169 concerning Indigenous and Tribal Peoples of 1989 is an international treaty adopted by the International Labor Conference in 1989. The Convention reflects the consensus reached by the tripartite constituents of the ILO regarding the rights of indigenous and tribal peoples within the nation-states in which they live and the responsibilities of governments to protect these rights. This convention is based on respect for the cultures and ways of life of indigenous peoples and recognizes their rights over lands and natural resources, as well as the right to decide their own priorities regarding the development process.
- 5That the objective of Convention 169 is to overcome discriminatory practices affecting these peoples and to make it possible for them to participate in the adoption of decisions that affect their lives. This convention has the fundamental principles of consultation and participation, which constitute the cornerstone of the Convention. Furthermore, the Convention covers a wide range of issues relating to employment rights and vocational training, education, social security and health, customary law, traditional institutions, languages, religious beliefs, and cooperation across borders.
- 6That Decreto Ejecutivo N° 43191-MP-MCJ declares the Afro-Costa Rican population, its cultural identity, language, historical tradition, culture, and worldview to be of public interest, and creates the mesa for the recognition process of Afro-Costa Rican tribal peoples. Likewise, Article 5 empowers Public Sector dependencies and urges Autonomous Institutions and other Powers of the Republic to collaborate, within the respective legal framework, to the extent of their possibilities and without prejudice to the fulfillment of their purposes and competencies, with the objectives of this Decreto Ejecutivo.
- 7That Decreto Ejecutivo N° 43532-MP-MINAE-MCJ-MEP on the Verification of the Self-Recognition of the Afro-Costa Rican Population as a Tribal People, in its Article 1, verifies the self-recognition of the Afro-Costa Rican population as an Afro-Costa Rican tribal people according to their cultural identity, language, historical tradition, culture, and worldview.
- 8That the Municipal Council of the Municipality of Talamanca, through ordinary session No. 202, held on July 18, 2014, adopted Agreement No. 05, approving the Reglamento de la Comisión Local de Planificación y Ordenamiento territorial, which was published in the official gazette No. 170 of September 4, 2014.
- 9That the Municipality recognizes the ancestral presence of the Afro-descendant population in the towns of Cahuita, Puerto Viejo, and Manzanillo, declaring said communities as Afro-descendant communities. This is pursuant to agreement 04 of ordinary session No. 114 of August 2012.
- 10That the Municipality of Talamanca, through agreement 04 of extraordinary session No. 121 of June 19, 2014, agreed to formally request the CIZUL for the declaration of the urban coastal zones of Cahuita, Puerto Viejo, and Manzanillo of the canton of Talamanca based on Article 5, subsection A) of Ley 9221, Ley Marco para la declaratoria de zona urbana litoral y su régimen de uso y aprovechamiento.
- 11That the Municipality of Talamanca, supported by Notebook 3 on the Design and Implementation of Inclusive Public Policies of the project for Strengthening Governance and Institutionality of the culture sector in the Caribbean of Nicaragua and Costa Rica, adhering to Articles 4 and 5 of the Código Municipal Ley 7794, sponsored by the European Union through the AMADILLA group and executed by the Fundación Arte y Cultura para el Desarrollo (2013), accepts specific requests from the Tribal population of the towns of Cahuita, Puerto Viejo, and Manzanillo, endorsed by the Comisión Municipal para Asuntos de la Población Afrodescendiente del Cantón de Talamanca, formed by agreement No. 3 of ordinary session No. 63 of August 6, 2021.
- 12That Ley 9242 establishes that constructions must conform to the number of rooms and density established according to their zoning, and therefore, the tourism development model of the communities of Cahuita, Puerto Viejo, and Manzanillo was implemented by the residents themselves without direct support from state entities, and many of the constructions existed before the enactment of the Ley de Regularización de Construcciones en la ZMT.
- 13That the Municipal Council of Talamanca, through ordinary session No. 24 of October 16, 2020, adopted agreement No. 2, which Modifies Article 1 and 2 and the last paragraph of Article 13 of the regulation of the Comisión Local de Planificación y Ordenamiento Territorial of the canton of Talamanca, published in gazette 257 of October 23, 2020.
- 14That the Municipal Council of Talamanca, in ordinary session 138 of January 11, 2023, in its agreement 4, subsection 9, ratifies the Multiethnic and Pluricultural condition of the canton of Talamanca.
- 15That the Municipality of Talamanca, through the Comisión Local de Planificación y Ordenamiento Territorial of the canton of Talamanca, initiated a participatory process in 2014, a process that culminated on August 4, 2023, with the public hearing convened in a timely manner, as the most representative participatory instrument of the participatory and consultation process for the proposal of the coastal regulatory plan for the zona marítimo terrestre of the district of Cahuita, canton of Talamanca.
- 16That the Municipal Council of Talamanca, through agreement 3 of ordinary session 169 of August 16, 2023, in compliance with point 13.5 of Article 13 of the Manual para la Elaboración de Planes Reguladores Costeros, May 2021, Scope No. 139 to La Gaceta No. 135, Wednesday, July 14, 2021, and the provisions of Article 17 of the Reglamento de la audiencia pública del Plan Regulador de la Zona Marítima Terrestre del Distrito Cahuita del cantón de Talamanca, published in Gaceta No. 98 of June 2, 2023, proceeded to appoint the municipal officials who will be part of the Tripartite Commission.
- 17That the Municipal Council of the Municipality of Talamanca, through Extraordinary Session #87 of August 18, 2023, adopted agreement #01 for the inclusion of ICT and INVU officials in the Tripartite Commission (INVU-ICT-MUNIT) for the analysis of the proposals, observations, and support for the proposal of the Coastal Regulatory Plan for the district of Cahuita, a process open until August 28, 2023.
- 18That in compliance with Articles 16 and 17 of the regulation of the public hearing for the regulatory plan of the zona marítima terrestre of the district of Cahuita, canton of Talamanca, as regulated by Ley 6043, approved by the Municipal Council in ordinary session 156 of May 17, 2023, and published in gaceta No. 98 on June 2, 2023, the Tripartite Commission held 3 meetings, where it proceeded with the review, analysis, and construction of responses to the observations made by different individuals, organizations, and social groups to the Regulatory Plan proposal.
- 19That, before the Tripartite Commission, inhabitants of the communities of Cahuita, Puerto Viejo, and Manzanillo provided official historical maps of the creation and condition of their towns before 1977 for analysis and consideration by said commission, which, according to the zoning proposed in the coastal regulatory plan for the District of Cahuita, are part of the coastal towns recognized by the Municipality in various agreements as part of the cultural heritage of said communities.
- 20That the Tripartite Commission, on August 30, 2023, issued a recommendation report on the proposed responses to the 221 documents received and analyzed, a review carried out subsequent to the public hearing and the expiration of the deadline given for the receipt of observations.
- 21That the INVU, through official letter DU-UCTOT-271-2023 dated August 30, 2023, delivered the latest version of the Regulatory Plan products once the adjustments requested and agreed upon by the Tripartite Commission were incorporated.
- 22That among the agreements of the Tripartite Commission (Municipality of Talamanca-INVU-ICT) is the construction, by the Municipality and INVU, of a document annex to the Zoning Regulation of the Coastal Regulatory Plan for the District of Cahuita, Canton of Talamanca, for the purpose of creating the necessary mechanisms, based on the autonomy of the Municipality of Talamanca, for the application of aspects requested by various individuals, organizations, and social groups that were sent to be analyzed, assessed, and incorporated into the Regulatory Plan.
- 23That the Reglamento de Desarrollo Sostenible of the coastal regulatory plan of Talamanca, thus validated by environmental resolution 025-2023 of SETENA, establishes a series of guidelines for the development of sustainable occupation of the Zona Marítima Terrestre.
Therefore, the following is annexed to the Zoning Regulation of the Coastal Regulatory Plan for the Zona Marítima Terrestre (ZMT) of the district of Cahuita, canton of Talamanca:
1- On the Public Zone (Zona Publica): To determine the formality of the occupation, or whether they existed before the enactment of the Ley de la Zona Marítima Terrestre and that current conditions place them in the public zone (zona publica), and when reasonable doubt exists, therefore the historical reference of the coastal line may be reconstructed to determine the condition.
1.1 Coordinate with the catastro and the national registry to verify the existence of any historical document that places said properties in a different condition, provided it can be determined that they had some right at some time, and to verify the historical existence of plans. As well as to review the available historical elements and the existing titling on some properties in the public zone.
1.2 In the public zone, projects for the preservation of the Afro-Costa Rican culture of Talamanca will be developed, including the establishment of museums in existing buildings of heritage character declared by the Municipality, Afro-cultural tours, as well as any other activity that serves for the promotion, strengthening, and recognition of the contributions of Afro-descendant culture.
1.3 In relation to the recognition of the legacy and historical contribution of the Afro-descendant culture of the canton of Talamanca, who formed the current towns, the required procedures will be carried out to restore to said communities their original names, as well as to the streets and avenues that are part of the Roadway Zone (Zona de vialidad), and the recognition of historical sites.
1.4 For the planning and recovery of the roadway zone (zona de viabilidad) that is invaded or obstructed by any structure, the municipality will condition the granting of a concession to the possessor of the property where the respect for the width of the right-of-way is being breached. It shall be the obligation of the possessors of properties facing a public street to construct sidewalks and curbs with gutters under the recommendations of the Municipality of Talamanca.
2- On solid waste management and recoverable waste (recycling): That businesses have a waste management program as established by the regulations. It shall be the responsibility of the Ministerio de Salud, as the governing body, to ensure that each business has this program and implements it in such a way that it complies with each of its obligations.
2.1 The Municipality shall implement and present to the Ministerio de Salud a compliance and monitoring protocol for commercial establishments.
2.2 The municipality shall verify, through the environmental department, the compliance of commercial establishments with the implementation of the waste management program. When applicable, due process shall be carried out to ensure compliance with the regulations.
2.3 The concession holders of the coastal zones where the regulatory plan applies must comply with the responsibilities established in Ley 8839 and its regulations, as well as the responsibilities established in the Municipal Regulation for the Integrated Management of Solid Waste of the Canton of Talamanca (respecting ordinary solid waste collection schedules, temporarily storing generated waste in such a way that it does not cause any environmental impact and/or risk to their health or that of other people in the community, in areas where the Municipality offers separate collection service for recoverable materials, whether directly or through an authorized entity, these must be separated from their generation and placed separately for the collection service, etc.).
2.4 The municipality shall conduct recycling campaigns and awareness campaigns for proper waste management.
3- On wastewater: The Municipality of Talamanca provides the following:
3.1. For new projects, it shall require wastewater treatment systems based on the hydrogeological condition of the site according to the hydrogeological study of the Regulatory Plan, and according to the size of the project to be developed, its level of coverage and density impact. Likewise, if necessary, SETENA shall determine the required environmental assessment (evaluación ambiental) process and whether it includes a hydrogeological characterization.
3.2. For projects smaller than 500 square meters, an environmental license shall not be required, except in areas that are in high hydrogeological vulnerability and high recharge. In no case shall the Municipality permit the construction of regular septic tanks, only double-phase septic tanks for all uses permitted in the already established zonings. Except for high-volume projects such as hotels and others that will require treatment systems to be determined through environmental impact assessments and any others required by the competent authorities.
3.3. In the case of already existing constructions that do not have double-phase septic tanks, the Municipality of Talamanca shall grant a period of up to 18 months from the granting of the concession for the concession holder to adjust the septic tank to double-phase conditions.
- 4)On the conservation of cultural features: Regarding construction, requirements for building permits shall be incorporated so that new constructions present finishing elements and vernacular designs characteristic of Afro-descendant culture, such as wall colors, roof styles, windows, and decorative bands, so as not to contradict the sociocultural environment of the surroundings.
4.1. Concession holders of properties with existing constructions shall be encouraged to include some of the provisions set forth in the preceding paragraph when requesting repair or remodeling permits.
4.2. Similarly, the municipality, through the issuance of a provision based on Article 24, Landscape, of the Reglamento de Desarrollo Sostenible, shall establish the conditions or characteristics for the erection of concrete walls or mesh fences in the restricted zone (zona restringida), seeking the combination of living elements with the material defined by the concession holder.
5- On tourist promenades: The municipality shall enable the old route of Puerto Viejo - Manzanillo, the path to the mouth of the Hone Creek river, and the area of the old pier in Cahuita to integrate an active mobility promenade as projects subsequent to the implementation of the regulatory plan. And the municipality shall be evaluating the opening of others.
5.1. Improve the surface and mobility conditions.
5.2. Prohibit vehicular traffic through the placement of bollards or similar features, allowing only pedestrian or bicycle passage.
5.3. Guarantee access and use of the public zone (zona pública).
6- The municipality must implement a tool for the application and management of the provisions of Article 3 of Ley 9242.
6.1. The Municipal Council shall instruct the administration to prepare a study determining which occupants have constructions in the restricted zone (zona restringida) that do not comply with the provisions of the Regulatory Plan; along with the characteristics of each case, namely: land area, coverage percentage, current use, permit status, density of rooms per hectare, setbacks, and height.
6.2. The administration shall present a work plan to the Municipal Council to carry out this task within a period not exceeding one month.
6.3. The administration shall develop the study within a period not exceeding 4 months.
6.4. Once the situation has been studied and there is a list of the occupants and the characteristics of the various constructions, the protocol for the application and management of the provisions of Article 3 of Ley 9242 must be developed, for which a period not exceeding 2 months shall be available.
6.5. From the publication of the protocol, a notice must be given to the interested parties as indicated in Ley 9242.
7- The municipality shall issue a regulation that governs the transfer of concessions and the constitution of properties in condominium.
7.1. Create a Regulatory Plan management unit responsible for, among other things, processing concession applications, maintaining the registry of concessions as they are granted, and controlling them.
7.2. The management unit will also keep track of concessions that are developed under the condominium regime.
7.3. The management unit will formulate the operating protocols for its different operations and the procedures (tramitología) that interested parties must follow.
8- Regarding the supply of drinking water, which is the responsibility of AyA, the Municipality of Talamanca, with resources from the Canon, will reserve funds for the implementation of a cooperation agreement with AyA in order to support said institution in guaranteeing the supply of drinking water in the coastal communities.
8.1. The availability of water issued by AyA for new constructions will be verified.
8.2. Permanently promote the rational use of water through awareness programs aimed at the local and floating population.
8.3. Efforts will be made to ensure that pool owners do not use the regular drinking water supply service to fill them.
8.4. Manage the formation of a Local Council based on the Biodiversity Law (Ley de la Biodiversidad) for the conservation, monitoring, and protection of surface water bodies and to report improper practices or leaks in the drinking water distribution systems.
Said Council must be formed by the Municipality, 8 inhabitants of the coastal communities, Acueductos y Alcantarillados, the waters directorate of SINAC. City of Bribrí, Talamanca, September 29, 2023.
P/ Municipal Council Yorleni Obando Guevara Secretary Instituto Costarricense de Turismo Instituto Nacional de Vivienda y Urbanismo