In 2018, the Nosara Civic Association (NCA) decided to support the commission in charge of drafting the Regulatory Plan for the Municipality of Nicoya. We knew that we could speed up the process by providing technical assistance and help with coordination. Currently we still have a long way to go to finish the regulatory plan, but we are about to conclude the second phase –  the diagnostic phase.   

 Before describing the progress achieved, we’d like to explain what a Regulatory Plan is and also clarify that it is a different tool than the Construction Regulations for the buffer zone of the Ostional Refuge (later in this blog we will update you on what has happened with these separate regulations).

 A Regulatory Plan is an urban planning and management instrument used at the cantonal level, which in our case would be for the entire canton of Nicoya (Nosara belongs to the canton of Nicoya). Through the Regulatory Plan, the Municipal Government is able to plan and manage the vision of urban development agreed upon by its inhabitants –  as well as guide the future economic, social and environmental processes of the canton.  The Regulatory Plan makes it easier for the municipal government to make decisions with a greater degree of certainty in relation to the execution of actions in the territory and provides legal certainty for its citizens and investors.

For all neighbors who are part of the canton of Nicoya, the regulatory plan is important because it defines what the rules are in terms of construction and development. The regulatory plan will tell us which are the areas dedicated to housing, businesses and other uses.It will also establish regulations that protect Nicoya’s natural resources.

 What Is The Progress So Far?

 The regulatory plan process is divided into four phases. The first is called the Preliminary Phase, where an action plan is carried out, the Regulatory Plan commission is formed, the project is budgeted and the planning team is determined. 

 In the case of the canton of Nicoya we are in the second phase, which is the most complex of the phases. This phase has six components. To date we have managed to conclude special social, economic and physical components. In addition, hydrogeological studies have already been carried out for Nosara and the central part of Nicoya, thanks to financing from the NCA.

For now, the political, institutional, legal and environmental components (one of the largest due to the number of required studies) remain to be completed. This phase is ongoing and could be completed this year if environmental viability is obtained from SETENA.

Fortunately, we want to announce that the Municipality of Nicoya has already contracted and given the start order to the company ECOPLAN. They will be in charge of preparing the Environmental Fragility Indexes (IFA) for the entire canton of Nicoya. This is a key study to complete the environmental component.

While progress is being made with the development of the IFAS, the Regulatory Plan commission will present a project to INDER to finance the development of hydrogeological studies that are needed throughout the canton and that complement the information generated by the IFAS. 

 In parallel, the requests will be prepared for the contracting of the political, institutional and legal components. When finished, this will complete the diagnostic phase. After this, the third phase could start. This is known as the proposal formulation stage, when the information is taken to the communities of the canton of Nicoya, to receive feedback and prepare the final version of the proposal. The last phase would consist of the final approval.This is a responsibility of the National Institute of Housing and Urbanism (INVU) and the Municipal Council of Nicoya.   

 What Happened to The Building Regulations?

 Unlike the Regulatory Plan, the Construction Regulations only applied to the buffer zone of the Ostional National Wildlife Refuge. That area included the sectors of Guiones and Pelada.

 This regulation was approved by the Municipality of Nicoya in February 2020 and sought to protect the aquifers and conserve the ecosystems of sea turtles, due to the excessive increase in construction in Nosara.

  On April 21st, 2020, the company JBR Capital Ventures, filed a lawsuit before the Contentious Administrative Court against the Municipality of Nicoya, claiming that the construction regulations presented a series of irregularities. As a precautionary measure, JBR asked the Contentious Court to suspend the application of the regulation, until the substance of the process is resolved. 

 Although the lawsuit was against the Municipality of Nicoya, the NCA decided to support them and join all legal efforts to protect the Refuge. Since 2020, the NCA has been recognized as passive contributors in the defense of the regulation.

In March 2020, the Court ruled out, in all circumstances, the possibility of suspending the regulation. At that time, the Court considered that the precautionary principle in environmental matters or indubio pro natura, should be followed, to prevent the possible degradation of a biological corridor of various species of fauna.

However, despite the first decision of the Court, JBR Capital Ventures appealed the precautionary measure and on June 1st, 2021 the Contentious decided to suspend the regulation until the merits of the case were resolved. This decision could not be appealed.

As a result of that decision of the Court, the construction regulations ceased to apply. In other words, from that date on, anyone can apply for a building permit to develop a building with more than four floors.

However, the Court’s decision did not declare the regulation illegal, it only invalidates the application of the regulation until the case is fully resolved.

Subsequently, another hearing was held to rule on the validity of the regulation. For now, we are waiting for the final decision of the Contentious Court. It could consider that the regulation complies with all the guidelines and restore the validity of them.

Let us remember that the regulation does not stop development, it only seeks to have regulations on construction coverage, the height of buildings, wastewater management and lighting control. It is a first step in promoting development that also respects the natural environment.

The NCA will continue in our position as passive contributors to support the Municipality of Nicoya in the legal defense of this tool. Fortunately, we are not alone in this defense: Deputies José María Villalta and Paola Vega also joined as supporters of this process, as did the Preservationist Association of Wild Flora and Fauna, APREFLOFAS, as an organization dedicated to the preservation of the environment. and ecological restoration.

This process is not over and we continue to defend Nosara’s natural heritage.