7841-P; b) Executive Decree No. 33797-MJ-MOPT and; c) Executive Decree No. 36642-MP-MOPT-MINAET, all previously cited.
10.—That Law No. 7575, called the Forestry Law (Ley Forestal) of February 13, 1996, in its Article 16 establishes that the Ministry of Environment and Energy shall delimit on the ground the boundaries of the areas that make up the State's Natural Heritage (Patrimonio Natural del Estado).
11.—That Law No. 6043 establishes in its Article 1 of CHAPTER I, General Provisions, that the maritime terrestrial zone constitutes part of the national heritage, belongs to the State, and is inalienable and imprescriptible. Its protection, as well as that of its natural resources, is an obligation of the State, its institutions, and all inhabitants of the country. Its use and exploitation are subject to the provisions of this law.
12.—That according to Article 11 of CHAPTER I, General Provisions of Law No. 6043, it establishes that the public zone is also, whatever its extension, that which is occupied by all mangroves on the continental and insular coastlines and tidal creeks (esteros) of the national territory.
13.—That Executive Decree No. 36786-MINAET, titled 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 No. 217 of November 11, 2011, establishes among its objectives to identify within the Maritime Terrestrial Zone those lands that classify as forests, of forest aptitude (Class VII and VIII soils), wetlands (mangroves, tidal creeks, rías, salt marshes, coastal lagoons, swamps, flooded forests, salt flats (salitrales)), in order to certify them and incorporate them as part of the State's Natural Heritage (PNE).
14.—That Executive Decree No. 36786-MINAET, in point III.—Competencies for delimitation and certification, establishes that the classification of lands within the ZMT shall correspond to the Conservation Areas (Áreas de Conservación, AC) of the National System of Conservation Areas (SINAC) and to private professionals duly accredited by the respective Professional Associations, in order to classify the forests, lands of forest aptitude (Class VII and VIII soils), (mangroves, tidal creeks, rías, salt marshes, coastal lagoons, swamps, flooded forests, salt flats) and wetlands.
The validity of the classification documents issued by private professionals shall be subject to the approval issued by the AC with corresponding territorial jurisdiction. The ACs of SINAC with jurisdiction in the ZMT shall also be responsible for the verification, oversight, demarcation (deslinde), and certification of the lands of the State's Natural Heritage and the protection zones.
The location and delimitation of the areas of the State's Natural Heritage within the Maritime Terrestrial Zone must be carried out as part of the approval process of the Coastal Regulatory Plan (Plan Regulador Costero, PRC), defined by Law 6043, since the Coastal Regulatory Plan is the land-use planning instrument that defines and locates all zones to be granted as concessions within the ZMT and for the classification thereof at the cadastral plan level. Therefore, the Coastal Regulatory Plan must clearly and expressly indicate the areas of the PNE so as not to count them in the total area to be concessioned.
15.—That according to Article 69 of Law No. 276, the Water Law, it states: The maritime zone is understood to mean the space of the coasts of the Republic that the sea bathes in its flow and ebb, and the immediate lands up to a distance of one mile, that is, one thousand six hundred seventy-two meters, counted from the line marking the high tide.
This maritime zone also extends along the banks of rivers up to the point where they are navigable or where the tides become noticeable, with a width of two hundred meters from each bank, counted from the line marking the high tide.
16.—That through certification SINAC-ACOPAC-D-C-001-2021 of May 12, 2021, signed by Lic. Luis Sánchez Arguedas, Director of the Central Pacific Conservation Area (ACOPAC), the extent of the ría of the Río Tarcolitos is certified, located in the 02° district Tárcoles, 11° canton Garabito of the 06° province Puntarenas(*), according to official communication SINAC-ACOPAC-OSRO-0312-2021 of April 12, 2021, which presents the technical report called "Report: SINAC-ACOPA-OSRO-0311-2021, Identification and Delimitation of Estuarine System-type Wetlands, to determine the maximum point of intertidal influence (Ría) in the Río Tarcolitos" of the sector subject to this notice.
(*) (Corrected by means of Fe de Erratas and published in La Gaceta No. 19 of January 31, 2022, page No. 2, which corrected the location of the Ría of the Río Tarcolitos)
17.—The Instituto Geográfico Nacional used the methodology of "Georeferenced Digital Delimitation" to delimit the public zone of the Maritime Terrestrial Zone in the ría of the Río Tarcolitos, located in the 02° district Tárcoles, 11° canton Garabito of the 06° province Puntarenas(*).
(*) (Corrected by means of Fe de Erratas and published in La Gaceta No. 19 of January 31, 2022, page No. 2, which corrected the location of the Ría of the Río Tarcolitos)
18.—That the Instituto Geográfico Nacional carried out the delimitation of both banks of the estuarine system determined by ACOPAC, through the report called "Delimitation in 2016 orthophotos of a 50-meter protection zone on the banks of the ría of the Río Tarcolitos, Garabito," corresponding to official communications DIG-TOT-0240-2021 of May 24, 2021, issued by the Territorial Classification Subprocess, and DIG-TOT-INF-52-2021 of May 21, 2021, and in accordance with certification SINAC-ACOPAC-D-CERT-001-2021.
19.—That the delimitation performed has internal technical endorsement in accordance with official communication DIG-TOT-0246-2021 of May 24, 2021, issued by the Official Boundaries Subprocess of the Topographic and Territory Observation Department of the Instituto Geográfico Nacional and addressed to the Directorate of the IGN.
20.—That Article 140 of Law No. 6227, General Public Administration Law, states that "the administrative act shall produce its effect after being communicated to the administered party, except if it only grants rights, in which case it shall produce it from the moment it is adopted," a provision that must necessarily be related to numeral 204) of the same regulatory body, which defines the suitable instrument for communicating acts of a generic nature by stating that: "General acts shall be communicated by publication and specific acts by notification." Communicates:
First.—The Instituto Geográfico Nacional used the methodology of "Georeferenced Digital Delimitation" to delimit the public zone of the Maritime Terrestrial Zone in the ría of the Río Tarcolitos, located in the 02° district Tárcoles, 11° canton Garabito of the 06° province Puntarenas(*), based on official communication SINAC-ACOPAC-D-C-001-2021 of May 12, 2021, signed by Lic. Luis Sánchez Arguedas, Director of the Central Pacific Conservation Area (ACOPAC).
(*) (Corrected by means of Fe de Erratas and published in La Gaceta No. 19 of January 31, 2022, page No. 2, which corrected the location of the Ría of the Río Tarcolitos)
Second.—The public zone of the Maritime Terrestrial Zone corresponding to the ría of the Río Tarcolitos corresponds to the tidal affectation, the approximate coordinates of the extreme point "upstream" defined by ACOPAC are indicated in the official cartographic projection system of Costa Rica CRTM05, as follows:
| Coordinates CRTM05 | North (m) | East (m) |
|---|
| RÍA RÍO TARCOLITOS | 1079061 | 431529 |
Third.—That the sectors in the vicinity of the Río Tarcolitos that currently have a delimitation of the public zone of the Maritime Terrestrial Zone through the placement of boundary markers and respective publication in the Official Gazette La Gaceta maintain their official status.
Fourth.—The official technical data of the georeferenced digital delimitation of the public zone of the Maritime Terrestrial Zone, delimitation of the public zone corresponding to the ría of the Río Tarcolitos, Tárcoles district, Garabito canton of the Puntarenas province, have been registered in the Georeferenced Digital Geodatabase (GDG) of the Instituto Geográfico Nacional (IGN) on the Maritime Terrestrial Zone (ZMT), in a file in vector shape format, under the code: RN/IGN_GDG-IGN-ZMT_CR_Rías.
Fifth: Effective as of its publication.
Given in Curridabat, on the 8th day of November of the year 2021.
Date of generation: 5/5/2026 19:10:58 Go to the beginning of the document