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Getting to the Nitty-Gritty of the New Coastal Law
June 15, 2009
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Tola

For those truly interested in delving into the details of the new law, this article will discuss its most important elements: 

·         The new setback is now 50 meters from the median high tide. The old setback was 30 meters.
·         The Public Zone is composed of the beach or area between the low tide and the high tide marks and the 50 meter setback.
·         In lakes and lagoons, the setback is established at 5 meters from the high water marker.
·         Bluffs and seawalls are public zone from the water to the coronation of the promontory.
·         A Commission for the Coastal Zone Development (CDZC) is created. The Commission is a consulting entity; the actual administration is a responsibility of each municipality. The members of the Commission are: The Tourism Institute (also the leading institution), The Environmental Agency, the municipalities’ representative, the Police, the Army, the Transport and Construction Ministry, COSEP (the highest organization of private businesses), and representatives of the Atlantic Regions of Nicaragua.
·         The Commission will create and propose a Master Development Plan and other policies for development. It will issue an opinion regarding new access road requests. It will provide technical opinions for new municipal concessions and will assist municipalities in the elaboration of their specific coastal development plans. Final decisions are a municipal attribution.
·         Historical access to the beach must be respected. In the case that new accesses are needed, these must be included in the Municipal Development Plan or if not, the access must be technically approved by the new Commission for Coastal Development or CDZC in coordination with the owner of the land and the municipality, with the understanding that there will be compensation for the land as it is already established by Article 44 of the present Constitution.
·         The administration of the coast will continue to fall under the municipalities. These local governments will be in charge of giving concessions on estate or government land once the new Commission (CDZC) issues its favorable ruling. The municipalities will also be responsible for the security, the environmental protection and the overall maintenance of the coastal zones.
·         Environmentally protected areas will still be under MARENA’s (Environmental Agency) control and jurisdiction.
·         The Restricted Zone, an additional area of 200 meters starting from the 50 meter setback, will affect only governmental and municipal properties. The Restricted Zone will allow the development of tourism services such as hotels, resorts, residential development and marinas.
·         Concessions on governmental and municipal land will be issued by the municipalities after the Commission’s technical approval. In order to be legally binding, the concession must be published at La Gaceta (the government’s official publication).
·         Concessions will be valid for 20 years with renewable clauses. For large projects, the concessions could continue for 59 years.
·         Concessions are not transferable to a third party. No sub-concessions or individual sales within a concessioned land are allowed unless a specific authorization is issued by the municipality and with the favorable opinion of the Commission.
·         Concessional land could be inherited.

Existing concessions must be renewed and registered again, and improvements will be respected. In the event that the concession land is still undeveloped, the previous concessioner has the first right-of-refusal to renew the contract. If the concession land is already developed, the renovation of the contract is automatic in favor of the concessioner.

 

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