6043, article 11 of Chapter I, General Provisions, indicates that the Public zone is also, whatever its extent may be, that occupied by all the mangroves of the continental and insular coastlines and estuaries of the national territory.
10.- That the Executive Decree (Decreto Ejecutivo) 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 (ZMT) those lands that classify as forests, of forestry aptitude (Clase VII and VIII soils), wetlands (mangroves, estuaries, rias, salt marshes, coastal lagoons, swamps, flooded forests, salt flats), to certify them and incorporate them as part of the State Natural Heritage (PNE).
11.- 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 to classify forests, lands of forestry aptitude (Clase VII and VIII soils), (mangroves, estuaries, rias, 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 that corresponds by territorial competence. The ACs of SINAC with jurisdiction in the ZMT shall also be responsible for the verification, oversight, demarcation and certification of State Natural Heritage lands and protection zones.
The location and delimitation of the State Natural Heritage areas 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 territorial planning instrument that defines and locates all the areas to be concessioned within the ZMT, and for its classification at the level of cadastre plans. Therefore, the Coastal Regulatory Plan must clearly and expressly indicate the PNE areas so as not to account for them in the total area to be concessioned.
12.- That in Law No. 6227 General Law of Public Administration, its article 140 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 time it is adopted, a provision that must necessarily be related to article No. 240 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 concrete ones by notification.
Communicates:
First.- The geographic photointerpretation studies developed by the IGN related to the recognition and existence of the country's estuaries and mangroves are constituted as technical support reports solely and exclusively for the country's Public Institutions, internally for the IGN and the National Registry, as well as for private users with plan qualification memoranda issued by the Directorate of the Real Property Registry of the National Registry.
Second.- The geographic photointerpretation studies are carried out based on the photointerpretation analysis from the accumulation of aerial photographs, satellite images and the national cartography available to the IGN.
Third.- The geographic photointerpretation studies are carried out within the geographic and cartographic scope, therefore they do not have topographic-type precision.
Fourth.- Due to their precision, the geographic photointerpretation studies are technical inputs that serve to assist in the determination of estuaries and mangroves observable in aerial photographs, satellite images and national cartography, and therefore do not fulfill a binding function regarding the declaration of PNE, the latter being the exclusive competence of MINAE.
Fifth.- The general public, academia, the public and private sector, municipalities, and any other national or international body are hereby instructed and communicated through this notice that the geographic photointerpretation studies prepared by the IGN are for the purposes set forth in this publication.
Sixth.- It shall be effective as of its publication.
Given in Curridabat-San José, on the 5th day of the month of April of the year 2022.