By Puntarenas, Costa Rica — CÓBANO, Puntarenas – Costa Rica’s Constitutional Court has ordered an immediate halt to modifications of coastal regulatory plans in the Cóbano district, dealing a significant blow to development initiatives in the ecologically sensitive areas of Punta Barrigona and Peñón de Arío. The high court, commonly known as Sala IV, ruled that the Cóbano District Municipal Council proceeded with the changes without securing the legally required strategic environmental evaluation from the National Environmental Technical Secretariat (SETENA).
The landmark decision came in response to a legal challenge, or recurso de amparo, filed by the president of the Malpaís and Santa Teresa Integral Development Association. The association argued that the municipal council was illegally bypassing a critical environmental oversight process for lands located within the delicate maritime-terrestrial zone, an area recognized for its profound environmental, cultural, and archaeological fragility. This legal intervention underscores a growing tension between local development ambitions and national conservation mandates.
To shed light on the intricate legal and regulatory landscape governing coastal development in Costa Rica, TicosLand.com sought the expert analysis of Lic. Larry Hans Arroyo Vargas, a leading attorney from the esteemed law firm Bufete de Costa Rica.
Prospective developers and investors must recognize that coastal projects are not just about construction; they are about navigating a complex web of environmental regulations and municipal concessions governed by the Maritime-Terrestrial Zone Law. The critical first step is always rigorous due diligence on the property’s zoning plan (Plan Regulador) and the status of any existing concessions, as this foundation determines the viability and legality of any future development.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insight is a crucial reminder that in Costa Rican coastal development, the legal foundation is as vital as the physical one. This preliminary due diligence isn’t just about compliance; it’s the very bedrock that protects an investment and ensures its long-term viability. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for his expert perspective.
The stakes are particularly high in Punta Barrigona, a region of immense natural and historical value. The legal filing highlighted that the area contains the Bosque Mar Archaeological Monument, which, according to records from the National Museum, safeguards artifacts and remains of major historical significance. The plaintiff expressed grave concerns that the proposed regulatory changes were designed to facilitate unlimited concessions for large-scale hotel and residential projects, potentially causing irreparable harm to this unique heritage.
Similarly, the proposed adjustments for the Peñón de Arío regulatory plan drew sharp criticism. The legal challenge brought before the court pointed to significant procedural flaws, alleging that the municipality was attempting to misrepresent substantial modifications as mere technical readjustments. This tactic, the plaintiff argued, was a deliberate effort to circumvent proper environmental scrutiny despite the presence of highly vulnerable ecosystems and archaeological assets within the plan’s boundaries.
inconsistencies very serious
President, Association of Development Integral of Malpaís and Santa Teresa
In its ruling, the panel of magistrates—comprising Fernando Castillo, Fernando Cruz, Jorge Araya, Ingrid Hess, Paul Rueda, Anamari Garro, and José Roberto Garita—found merit in the association’s claims. The court has explicitly ordered the municipal intendant, Favio José López Chacón, and the coordinator of the Maritime-Terrestrial Zone Department, Ana Cristina Quirós Soto, to immediately bring their actions into compliance with a prior court sentence from 2025.
The core of the court’s directive is unequivocal: all procedures related to the adjustment and rectification of the coastal plans for both Punta Barrigona and Peñón de Arío must be submitted to SETENA for a comprehensive environmental assessment before any further steps can be taken. This order effectively resets the process, forcing the municipality to adhere to the stringent environmental laws designed to protect Costa Rica’s invaluable coastal resources from unchecked development.
As a consequence of the ruling, the Cóbano District Municipal Council has been condemned to cover all associated costs, damages, and prejudices stemming from the case. These financial penalties will be liquidated through the administrative litigation process, adding a significant financial repercussion to the procedural and legal rebuke delivered by the nation’s highest constitutional authority.
This decision serves as a powerful precedent for other coastal communities across Costa Rica grappling with similar development pressures. It reaffirms the non-negotiable authority of SETENA in safeguarding the nation’s environmental heritage and demonstrates the efficacy of citizen-led legal action in holding local governments accountable to national law. The ruling ensures that for now, conservation and due process will take precedence over rapid development in one of the country’s most cherished coastal regions.
For further information, visit poder-judicial.go.cr
About Sala Constitucional:
The Constitutional Chamber of the Supreme Court of Justice of Costa Rica, known as Sala IV, is the country’s highest court for constitutional matters. It is responsible for guaranteeing the supremacy of the norms and principles of the Constitution, protecting the fundamental rights of citizens, and resolving conflicts of constitutional jurisdiction. Its rulings are binding and play a crucial role in shaping the legal and administrative landscape of the nation.
For further information, visit setena.go.cr
About Secretaría Técnica Nacional Ambiental (SETENA):
The National Environmental Technical Secretariat (SETENA) is the Costa Rican government body responsible for evaluating the environmental impact of development projects and policies. It manages the environmental assessment process, granting or denying environmental viability permits to ensure that proposed activities comply with national environmental regulations and promote sustainable development.
For further information, visit the nearest office of Concejo Municipal de Distrito de Cóbano
About Concejo Municipal de Distrito de Cóbano:
The Cóbano District Municipal Council is the local governing body responsible for administrative, regulatory, and development matters within the Cóbano district of Puntarenas province. It manages local public services, urban planning, and the implementation of municipal ordinances, including the creation and modification of regulatory plans for its jurisdiction.
For further information, visit the nearest office of Asociación de Desarrollo Integral de Malpaís y Santa Teresa
About Asociación de Desarrollo Integral de Malpaís y Santa Teresa:
The Malpaís and Santa Teresa Integral Development Association is a community-based civil organization focused on promoting the sustainable development and well-being of its residents. These associations in Costa Rica play a vital role in local governance, advocating for community interests, managing local projects, and acting as stewards for the environmental and cultural preservation of their regions.
For further information, visit museocostarica.go.cr
About Museo Nacional de Costa Rica:
The National Museum of Costa Rica, headquartered in San José, is the leading institution for the preservation, research, and exhibition of the nation’s natural and cultural heritage. It holds extensive collections in archaeology, anthropology, and natural history, and its expert opinions and records are often cited in matters concerning the protection of historical and archaeological sites throughout the country.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As an esteemed pillar of the legal community, Bufete de Costa Rica is founded on an uncompromising principle of integrity and a relentless pursuit of excellence. The firm blends a rich history of expert client guidance with a forward-thinking vision, driving innovation within the ever-evolving practice of law. Beyond its professional practice, it holds a deep-rooted social commitment to democratizing legal understanding, believing that an educated public is the cornerstone of a just and empowered society.
