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BEACH AND FEDERAL MARITIME ZONE (FMZ)
By
LIC. JACQUES-EDOUARD
BEAULNE, LL.B.
DEFINING & MEASURING
The said zone is legally described as a strip of land which is 20
meters from
high tide towards inland and it is measured from what the law
considers as
a beach.1
When one reads legislation (law or by-law, degree, Order, etc.) one
must
interpret every word so as to be able to know the exact intention of
the
legislator’s thus here we must describe first what is legally a
beach (Playa)
and the expression “Zona Federal Maritimo Terrestre” which translate
to
Federal maritime zone.
“Playa maritima”: The legislator`s description establishes this as
the area
of land which is covered and uncovered by the tides.2
The law also indicates that the Federal Maritime zone starts at the
average
high tide mark where the land has less than 30 degrees from the
horizontal
plane. This brings in an other factor into the equation…in other
words how
does one establishes the average high tide mark where the sediments
and
sand are constantly moving…causing the FMZ to move and even encroach
on properties fronting the sea.3
To help into establishing this line the government agency called
“SEMARNAT” has maps indicating where the FMZ starts; said maps4
must be used when a surveyor has to establish the area and he must
indicate in his plan and report the Universal Transverse Mercador (UTM)
1 Articles 3. and 4. of the REGLAMENTO PARA EL USO Y APROVECHAMIENTO
DEL MAR
TERRITORIAL, VÍAS NAVEGABLES, (Regulation for the use and
utilization of the territorial mar, navigable
routes, beaches, federal zone maritime terrestrial and areas gained
from the sea).
12 Article 7-IV. of the LEY GENERAL DE BIENES NACIONALES (General
Law of Nacional Goods)
2
3 Article art., 3. of the REGLAMENTO PARA EL USO Y APROVECHAMIENTO
DEL MAR TERRITORIAL,
VÍAS NAVEGABLES, (Regulation for the use and utilization of the
territorial mar, navigable routes, beaches,
federal zone maritime terrestrial and areas gained from the sea).
4 Some coordinates and maps are not accurate and in some cases
extremely incorrect, thus one should consider them
2
with caution.
The concession of the FMZ must be obtain if one has build on said
area and
one should request one of the three types of concession6 if one’s
property
fronts the sea7. Said concessions are granted for long periods and
can be
renovated in the event that the holder did not violate any of the
conditions
under which the concession was granted including payment of the fee.
In the event that a concession is approved to build one must present
plans of the construction and also of the system(s) so as to respect
all
environmental consequences; in other word one must hire an expert
in environmental issues so as to do the proper studies and emit a
full
environmental impact report. In the event that one decides to build
without
having submitted said report one will face federal criminal charges
plus
heavy fines which are emitted by “PROFEPA”.8
When one purchases a “beach front property” on the sea one should
have
pictures taken and have a “Notario Publico” give faith to the photos
so
that in the event that at a latter date “PROFEPA” inspectors decide
that all
or part of the constructions were made on the FMZ proof can be
produced
that the new owner did not do such thing. Said decision must be duly
served personally and every step in the Federal Procedural Code must
be
respected.9 The imposed fines are not the responsibility of the new
owner
but the situation will have to be regularized as per the law.10
The concession Rights can be either kept or transferred when one
sells the
real estate property fronting the sea; in the event that one wants
to transfer
his Rights one can request monetary compensation for the transfer
which
In the event that the surveyor or anyone else indicate that the maps
and /or UTM coordinates are
wrong one must file a legal request in front of the Federal
Tribunals, a plan of the property and area
plus a written dated and signed report by an expert surveyor along
with photos taken by an expert
photographer must be annexed to the request , physical markers on
the land must be installed also so
as to indicate the real coordinates when the judicial inspection by
the Tribunal is done.
The types are: To conserve in a natural state, to have boats on the
area, to build on.
Before starting the process one should request in writing to
“SAMARNAT” to verify in the National
Registry if anyone else has the concession; must be included the UTM
coordinates of the specific area
one wants the concession.
Federal agency which emits fines and stops work when one did not
respect the environmental law.
3One should immediately contact an expert lawyer, many served
documents have defects and this
opens a door for having the case cancelled.
The opinion, along with a plan of the area, of an expert surveyor
must be included in the contestation.
must be approved by “SAMARNAT”.11
Since the law describe the physical aspect of a Federal Zone 12 one
must
be aware that if the land is not as per the legal description that
there is no
possible “Zona Federal Maritimo Terrestre” (Federal maritime zone)
thus
one can not acquire a concession.
In conclusion, the said areas, beach and Federal Zone, are public
domain
which can be used by anyone thus an owner of Real Rights or of
Personal
Rights on a property fronting the areas can not restrict or deny
access.13
This been said, access is to be on foot thus path can be restricted
to one
meter wide. The law also is very clear on all the restrictions so as
to
eliminate all and any contamination.14
Any queries regarding this of any other legal subjects will be
answered by
the author.
LIC. JACQUES-EDOUARD BEAULNE, LL.B.
Abogado, Avocat, Lawyer in Mexico.
011 52 1 (612) 348-9793)
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