In public domain areas—such as the maritime-terrestrial zone and/or the adjacent area permanently covered by the sea, and areas adjacent to coastal cities, with the exception of plots that contain open spaces for common use—concessions may be granted for the construction, administration, and operation of marinas and tourist docks, in accordance with the provisions of this law.
Mangrove areas, national parks, and biological reserves are excluded from this provision. Likewise, no concessions shall be granted for the construction and operation of marinas and tourist docks in areas where coral reef ecosystems exist.
The Ministerio de Ambiente y Energía (Minae) is also excluded from this provision and may not grant concessions over any asset forming part of the State's natural heritage, in accordance with Articles 13 and 14 of Ley 7575, Ley Forestal, of February 13, 1996.
Concessions may also be granted for the construction, administration, and operation of tourist docks on lakes, rivers, reservoirs, and navigable canals.
The municipality of the area shall be the competent authority to grant the concession.
Upon express request by the respective municipality, State institutions shall provide technical advisory services. With respect to concessions requested within the Proyecto Turístico Golfo de Papagayo, the competent authority to grant them shall be the Instituto Costarricense de Turismo (ICT), in accordance with Ley 6758, Regula la Ejecución del Proyecto Turístico de Papagayo, of June 25, 1982.
With respect to concessions requested within the Protected Wildlife Area Paisaje Nacional Espejo de Agua Embalse Arenal and its buffer zone, the competent authority to grant them shall be the Instituto Costarricense de Electricidad (ICE), in accordance with the Law Creating the Protected Wildlife Area Paisaje Nacional Espejo de Agua Embalse Arenal and Promoting Activities Associated with Sustainable Use in Its Buffer Zone.
Costa Rican State institutions shall supervise and oversee, within their respective areas of competence and on a periodic basis, the operation and functioning of marinas and tourist docks.
The concession shall be granted with due protection of the environment and the natural resources of the area.