Maritime Zoning Law

The Terrestrial Zone (“ZMT”) refers to the state-owned, 200 meter strip of land along the shore — measured from the “average high tide” — administered by the local Municipality and the ICT. The Maritime Zone Law was established in 1977. It describes the ZMT as having two zones along Costa Rica's Pacific and Atlantic coasts. Islands are also subject to this law. The first 50 meters is the “public zone” and cannot be built upon or claimed. The next 150 meters is the “restricted zone.”

The national government owns this "Maritime/Terrestrial" restricted zone and local governments (municipalities) administer it. You measure from the high tide mark inland.

The two zones total a width of 200 meters along the beach:

1. THE PUBLIC ZONE (Zone Pública): at 50 meter wide strip of beach between the high tide line and the outer line of the "Restricted Zone" (Zona Restringida)

This beach zone is open to the public. Private possession or occupation of this area is strictly prohibited. However, no one may trespass private property or the restricted zone in order to reach the public zone.

2. THE RESTRICTED ZONE (Zone Restringida): at 150 meter wide strip of beach from the limit of the Public Zone inland.

The law allows the government to grant leases called concessions for the occupation and use of this area for terms that range from 5 to 20 years. This is the beachfront land that homes or business may use for personal or monetary gain. Certain buildings are allowed in this zone, but these will revert to the municipalities (local Governments) at the termination of the lease, unless the lease is extended.

This area can be legally acquired by private citizens by applying for the rights before the Municipality “Muni” through a “concession application.” Submission of this application gives you the right of occupation, called “Permiso de Uso”. This is an “interim right” of ownership, good until proper zoning and concessions come through down the road.

You now have the right to occupy the land and build a temporary structure. But note that each “Muni” applies these rules differently. In the past many pre-concession ZMT occupants have paid a yearly “occupation tax” to the “Munis” in an effort to bolster their claims. But under the law, such “canones” are not due until after the concessions have been duly issued. Legally registered applicants should also renew their application with the “Muni” without fail every six months or risk losing their entire claim to the property (Article 33).

If along the way they decide to sell, they can transfer their rights by way of a “Cesión de Derechos”. This allows the registered occupant to transfer all his or her rights to another person. The next step towards getting the concession is for the shoreline to qualify for a new zoning scheme, called the “Plan Regulador” or “Zoning Plan”. The “Plan Regulador” is implemented through a costly ($30k and up) and complex zoning proposal.

This takes a couple of years to get approved. Typically neighbors collaborate on these. That’s because at least until recently you needed one kilometer of beachfront to do your own (but now apparently private plans are no longer being allowed and the “Munis” are being told to do the Plans themselves, as they are required to by law). The process requires getting the ICT, INVU and the Municipality to sign off on the plans.

Once approved, legal occupants inside the newly zoned area can “activate” their “Solicitud de Concesión” and transform their “Permiso de Uso” into a “Concesión”. This is a more permanent and specific form of ownership that can be inscribed in the National Registry. Concessions are as close to a title as you can get for beachfront even though the land technically is still owned by the state. They are typically issued for terms of 5-20 years, and are automatically renewable, assuming applicable laws and regulations have been respected.

"Only in the RESTRICTED ZONE can concessions be given when referring to the maritime zone, unless there are special dispositions of this Law…" (Article 39)
"The concessions will be for the use and enjoyment of the particular areas in the restricted zone, under the terms and conditions that this Law establishes…" (Article 41)
"It is prohibited to give or compromise, in any way or to transfer or sublet totally or partially, the concessions or the rights derived from them, without the express consent of the corresponding municipality and the Costa Rican Institute of Tourism or the Institute of Land and Colonization, depending on the case, the contracts or acts will lack authenticity those who violate this disposition…" (Article 45)