- a)Discharge of gray water or black water from buildings located in the restricted area onto the beach shall not be permitted. If unavoidable, a detailed project must be submitted guaranteeing that there will be no erosion on the beach, nor risk of the stormwater discharge being obstructed.
- b)Authorization from the ICT, the INVU, and the Municipal District Council of Cóbano must be obtained prior to any start of works.
- c)Stormwater drainage may be channeled to the streams (quebradas) provided that the impact of the waters on the streams and from them to the ocean is mitigated.
- d)No drainage or construction may be located within a radius of less than 100 meters of potable water wells. The Ministry of Health shall be requested to analyze the water's potability.
- e)On the front building line, solid fences may not be erected with a height greater than one meter. Above this height, only fences with elements that permit visibility, such as railings, meshes, among others, may be placed. A permissibility percentage of 80% is established. This provision excludes the case of retaining walls.
- f)No public road shall allow motor vehicle access to the beach.
- g)In the event that fill, excavation, or leveling works are carried out, the following norms shall apply:
. Fill slopes shall have a maximum gradient of 30%.
. All waste material from excavation, fill, or construction shall be removed from the area and may not be deposited in tidal waters or coastal zones.
. When affecting upper lands adjacent to a construction area, these must be leveled and have their vegetation renewed or use another stabilizing system to prevent erosion during or after construction.
. Fills must be clean and free of materials that could produce contamination in tidal waters.
. As a method of changing slopes on sandbanks, cutting shall be preferred over filling.
16.1 The following norms shall apply on upper lands and on coastlines in cases where the Municipality of Puntarenas determines that additional measures are required to protect the environment of the coastal region. Such requirements shall be established as stipulations for the corresponding approval (visado), according to norms and requirements provided by the National Institute of Housing and Urbanism.
16.1.1 For Works on the Soil of the Coastal Zone . Upon starting construction, the contractor must meet with officials from the Engineering Department of the Municipality of Puntarenas, the Urbanism Directorate of the National Institute of Housing and Urbanism, and the Costa Rican Tourism Institute to clarify the permit conditions.
. Placing or storing construction or excavation materials in the Public Zone is prohibited.
. Affected soils must be leveled uniformly. Vegetation restoration must be carried out immediately after construction; otherwise, the soil must be temporarily stabilized using manure, straw, and burlap or similar until weather conditions are favorable for planting.
. In cases where a temporary disturbance of coastal features, beach slopes, buffer zones, or coastal vegetation is authorized, the affected area must be completely restored at the concessionaire's expense and under the guidance of the involved control institutions.
16.1.2 Work on lots neighboring the beach on the upper part, to minimize erosion, the following measures shall be taken:
. On the entire lower perimeter of the area intended for construction, before executing any fill, excavation, leveling, or any other earth movement (movimiento de tierra), stacked hay bales buried at least 10 centimeters shall be placed; the bales must be replaced as many times as necessary until the permanent vegetation restoration is established. No type of soil or materials shall exceed the bale limit.
. Only if otherwise specified and approved, all slopes must be adapted to their original state.
. Where natural or artificial slopes are in the process of erosion, leveling work may be done to seek their equilibrium, and they must be repopulated with plants having thick "brush-type" roots and, as far as possible, with native vegetation of the zone.
. Construction must be scheduled to fit within the dry season to prevent water currents from falling on exposed lands, excavations, or unstable soils.
. Sediment-laden water may not be discharged into natural channels; these must be protected along their banks by barriers of straw bales that intercept possible sediments.
16.1.3 In the event that slopes greater than 15% are affected a) Where this type of work is permitted, the following must be observed: Filling shall not be permitted.
. Cutting shall be kept to the absolute minimum.
. The existing vegetation cover on the slope shall be permanently maintained to the extent physically possible.
- b)When potential damage to a slope from erosion caused by falling water is determined, straw bales shall be placed at the top of the slope, or similar elements shall be constructed. The collected water shall be appropriately disposed of via artificial drains or lagoons; where possible, these drainage lagoons shall be constructed along property boundaries to prevent water from draining onto neighboring lots. These lagoons must be designed to handle maximum flows obtained with a 10-year frequency.
- c)For cuts on slopes or excavations on lands adjacent to coastal features, waste materials must be placed on the upper part of the drop-off to prevent sediment drainage.
- d)Pedestrian access running through coastal zones with steep slopes or on banks must be stabilized or built using elevated walkways.
16.1.4 For individual or collective black water systems, it is necessary to present, for the corresponding approval (visado), studies of soil quality, infiltration tests, location, and respective design.
. Under no circumstances will drains be accepted in fill zones near natural channels, even intermittent ones, or in the vicinity of the beach.
. Aqueduct and storm sewer systems must demonstrate that they can connect to the public system; if none exists, services may be provided without the on-site extraction of water or the disposal of gray and stormwater having a significant impact on the environment or public health.
4.6 Implementation The Playa Piedra Colorada Coastal Regulatory Plan may be implemented through general operational guidelines and the participation of public and private entities.
. Tourist infrastructure facilities such as roads and parking are the responsibility of the Municipality of Puntarenas.
. The Municipality of Puntarenas shall implement and maintain public roads and guarantee free pedestrian transit in the Public Zone and the application of the Regulation through the Maritime Terrestrial Zone Commission (Comisión de la Zona Marítimo Terrestre) or its equivalent.
. The circulation of motor vehicles in the Public Zone is prohibited.
. The development of works for uses permitted for tourism is the responsibility of the concessionaires once they have met the requirements established by Law No. 6043 to obtain the respective construction permit.
. Once approved by the ICT, INVU, and the Municipal Council of Cóbano and its respective publication in the Official Gazette La Gaceta, current occupants must be notified to process the concession contract in accordance with the provisions of the Law on the ZMT No. 6043.
The concession contracts must include the conditions and timelines for development of the area, taking into account the infrastructural limitations and the investment possibilities of the occupants.
Once the concession is granted, the occupants must submit specific studies for the construction of the works. In the case of hotel and commercial projects, the following must be submitted: construction plans, technical-economic feasibility study, environmental impact assessment (evaluación de impacto ambiental), and water infiltration test.
In the case of tourist residence and recreational projects, construction plans and infiltration tests must be submitted.