10.—That Article 16 of Ley 7575, the Ley Forestal, dated February 13, 1996, and its amendments, establishes that MINAE shall demarcate on the ground the boundaries of the areas comprising the State Natural Heritage (Patrimonio Natural del Estado).
11.—That Article 11 of Chapter I, General Provisions, of Law N° 6043, establishes that the public zone also includes, regardless of its extent, all mangrove areas along the continental and insular coastlines and tidal inlets (esteros) of the national territory.
12.—That Executive Decree N° 36786-MINAET, the Manual for the Classification of Lands Dedicated to the Conservation of Natural Resources within the Maritime-Terrestrial Zone in Costa Rica, published in La Gaceta N° 217 on November 11, 2011, establishes among its objectives the identification, within the Maritime-Terrestrial Zone, of those lands that qualify as forests, lands of forestry aptitude (Class VII and VIII soils), and wetlands (mangroves, tidal inlets, coastal inlets (rías), salt marshes (marismas), coastal lagoons, swamps, flooded forests, salt flats (salitrales)), in order to certify them and incorporate them as part of the State Natural Heritage (PNE).
13.—That Executive Decree N° 36786-MINAET, under Section III—Competences for Delimitation and Certification, establishes that The classification of lands within the ZMT shall be the responsibility of the Conservation Areas (Áreas de Conservación, AC) of SINAC and of private professionals duly accredited by the respective Professional Associations to classify forests, lands of forestry aptitude (Class VII and VIII soils), (mangroves, tidal inlets, coastal inlets, salt marshes, coastal lagoons, swamps, flooded forests, salt flats) and wetlands.
The validity of classification documents issued by private professionals shall be subject to the approval of the AC with corresponding territorial jurisdiction. The ACs of SINAC with jurisdiction over the ZMT shall also be responsible for the verification, oversight, demarcation (deslinde), and certification of lands belonging to the State Natural Heritage and protection zones.
The location and delimitation of State Natural Heritage areas within the Maritime-Terrestrial Zone must be carried out as part of the approval process for the Coastal Regulatory Plan (Plan Regulador Costero, PRC), as defined by Ley 6043, since the Coastal Regulatory Plan is the territorial planning instrument that defines and locates all zones to be granted as concessions within the ZMT, and that governs the classification of the ZMT at the level of cadastral plans (planos de catastro). Therefore, the Coastal Regulatory Plan must clearly and expressly indicate the PNE areas so that they are not counted toward the total area eligible for concession.
14.—That IGN used the georeferenced digital delimitation methodology to delimit the public zone of the Maritime-Terrestrial Zone in a mangrove sector located at Playa Papaturro, in District 01° La Cruz, Canton 01° La Cruz, Province 05° Guanacaste.
15.—That Ms. Estefanía Barquero Alvarado, of legal age, holding identification number 4-0219-0051, Special Attorney-in-Fact (Apoderada Especial) of the company 3-102-778851 S.R.L., legal identification N° 3-102-778851, requested on January 2, 2025, via email addressed to the IGN Secretariat, the execution of the delimitation of a mangrove sector located at Playa Papaturro, in District 01° La Cruz, Canton 01° La Cruz, Province 05° Guanacaste, relating to cadastral plan (plano de catastro) N° G-1711215-2013.
16.—That through reports SINAC-ACG-DRFVS-IT-007-2024, dated June 10, 2024, and SINAC-ACG-DRFVS-IT-013-2024, dated December 15, 2024, both signed by Engineer Francisco Javier Ramírez Noguera, Head of the Directorate of Forest Resources and Wildlife of the Área de Conservación Guanacaste of SINAC of MINAE, his participation was certified with respect to the definition of a mangrove sector located at Playa Papaturro, in District 01° La Cruz, Canton 01° La Cruz, Province 05° Guanacaste.
17.—That through the report entitled Informe de Delimitación de Manglar en Playa Papaturro, La Cruz, Guanacaste ante el Instituto Geográfico Nacional, dated December 20, 2024, prepared by Engineer Alexander Rojas Álvarez, professional membership number IT-28776, the technical delimitation procedure for a mangrove sector located at Playa Papaturro, in District 01° La Cruz, Canton 01° La Cruz, Province 05° Guanacaste was presented.
18.—That through report DIG-GDF-010-2025-PU-INF, dated March 18, 2025, generated by the Topography Sub-process of IGN's Department of Geodesy and Geophysics, the technical review report for the georeferenced digital delimitation publication of the public zone corresponding to a mangrove sector located at Playa Papaturro, in District 01° La Cruz, Canton 01° La Cruz, Province 05° Guanacaste was issued.
19.—That Article 140 of Law N° 6227, the General Law of Public Administration, states that an administrative act shall take effect after being communicated to the person administered, except where it grants rights exclusively, in which case it shall take effect from the time it is adopted; this provision must necessarily be read in conjunction with Article 204, paragraph 1) of the same body of law, which defines the appropriate instrument for communicating acts of a general nature, stating that: General acts shall be communicated by publication, and specific acts by notification.
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