- a)The discharge onto the beach of gray water or black water (aguas negras) from buildings located in the restricted area will not be permitted. In the event that it is unavoidable, a detailed project must be presented that guarantees that there will be no erosion on the beach, nor any risk that the stormwater discharge will be obstructed.
- b)Authorization must be obtained from the ICT, the INVU, and the District Municipal Council of Cóbano, prior to any commencement of works.
- c)Storm drainage may be conducted to the streams provided that the impact of the waters on the streams and from these to the ocean is mitigated.
- d)No drainage or construction may be located within a 100-meter radius of potable water wells. The Ministry of Health will be requested to analyze the water's potability.
- e)On the front lot line of the construction, no solid fences may be erected with a height greater than one meter. Above this height, only fences with elements that allow visibility, such as railings, wire mesh, among others, may be placed. A permissibility percentage of 80% is established. The case of retaining walls is excluded from this provision.
- f)No public road will permit motorized vehicle access to the beach.
- g)In the event that fill, excavation, or leveling works are executed, the following standards will apply:
. Fill slopes (taludes de relleno) will have a maximum gradient of 30%.
. All waste material from excavation, fill, or construction will be removed from the area, and may not be deposited in tidal waters or in coastal zones.
. When upper lands adjacent to a construction area are affected, these must be leveled and their vegetation renewed or stabilized through another stabilizing system so as to prevent erosion during or after construction.
. Fills must be clean and free of materials that could cause contamination in tidal waters.
. As a method of changing slopes on sand banks, cutting will be preferred over filling.
16.1 The following standards will apply to upper lands and on coastlines in those cases where the Municipality of Puntarenas determines that additional measures are required to protect the coastal region's environment. Such requirements will be established as stipulations for the corresponding approval (visado), according to standards and requirements provided by the National Institute of Housing and Urbanism.
16.1.1 For Soil Works in the Coastal Zone . Upon starting a 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.
. It is prohibited to place or store construction or excavation materials in the Public Zone.
. Affected soils must be leveled uniformly. Vegetation replacement must be carried out immediately after construction; otherwise, the soil must be stabilized temporarily through the use of manure, straw, and jute, or similar material, 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 fully restored at the expense of the concessionaire and with the guidance of the control institutions involved.
16.1.2 Work on lots adjacent to the beach on the upper part, to minimize erosion, shall take the following measures:
. Staked and buried hay bales must be placed around the entire lower perimeter of the area intended for construction, buried at least 10 centimeters, before executing any fill, excavation, leveling, or any other earthworks (movimiento de tierra). The bales must be replaced as many times as necessary until the replacement of the permanent vegetation has been established. No type of soil or materials may exceed the bale limits.
. Only if otherwise specified and approved, every slope must be restored to its original state.
. Where natural or artificial slopes are undergoing erosion, leveling works may be done to seek their equilibrium, and they must be repopulated with plants that have thick roots of the "brush" type and, as far as possible, with vegetation native to the zone.
. The construction must be scheduled to coincide with the dry season to prevent water flows from falling onto . Sediment-laden water may not be discharged into natural watercourses, which 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 will not be permitted.
. Cutting will be kept to an absolute minimum.
. The vegetative cover (cobertura vegetal) existing on the slope will be permanently maintained to the extent physically possible.
- b)When potential damage to a slope is determined due to erosion caused by water fall, straw bales will be placed at the top of the slope, or similar elements will be constructed. The collected water will be adequately disposed of via artificial drains or lagoons, where possible. This drainage water will be constructed along property boundaries to prevent water from draining onto adjacent lots. These lagoons must be designed to handle maximum flows with a 10-year frequency.
- c)In the case of slope cuts or excavations on lands adjacent to coastal features, the waste materials must be placed at the top of the drop-off so as to prevent sediment drainage.
- d)Pedestrian access running through coastal zones with steep slopes or on banks must be stabilized or constructed using elevated walkways.
16.1.4 For individual or collective black water systems, it is necessary to present, for the corresponding approval, studies of soil quality, infiltration tests, and the respective location and design.
. Under no circumstances will drains be accepted in fill zones near natural watercourses, even if intermittent, or in the immediate vicinity of the beach.
. Aqueduct and storm sewer systems must demonstrate that they can connect to the public system. If none exists, the services may be provided, provided that the site's water extraction or the disposal of gray water and stormwater do not have a significant environmental or public health impact.
4.6 Implementation The Piedra Colorada Beach 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 will implement and maintain the public roads and guarantee free pedestrian transit in the Public Zone and the application of the Regulation through the Commission of the Maritime-Terrestrial Zone (Comisión de la Zona Marítimo Terrestre) or its equivalent.
. The circulation of motorized vehicles in the Public Zone is prohibited.
. The development of works for permitted tourism uses is the competence of the concessionaires once they have complied with the requirements established by Ley N° 6043 to obtain the respective construction permit.
. Once approved by the ICT, the INVU, and the Municipal Council of Cóbano, and its respective publication in the Official Gazette La Gaceta, the current occupants must be notified so that they process the concession contract in accordance with the provisions of the ZMT Law N° 6043.
. The concession contracts must include the conditions and deadlines for the area's development, taking into account the infrastructural limitations and the investment possibilities of the occupants.
. Once the concession is granted, the occupants must submit, for the purposes of constructing the works, the specific studies. 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, the construction plans and infiltration tests must be submitted.