The Southern Zone Is At Risk
Costa Rica’s Southern Zone is under threat from many excessive and irresponsible developments. Osa Vive wants everyone to understand the scale of development proposed and already under way in this critical part of the country. If left unchecked, these projects will transform the Southern Zone in ways that displace local people and irreparably degrade our precious environment. Most in the area do not want to see the overdevelopment, gentrification, and environmental degradation that happened in Guanacaste repeated here. Osa Vive is committed to making sure that all developments scrupulously follow Costa Rica’s excellent environmental laws that protect forests, water, land, and communities. Sadly, many projects do NOT follow the law. Osa Vive works to stop illegal destruction, keep the trees standing, and hold everyone legally accountable. We are tracking more than a dozen projects. Here are a few that concern us—and what we are doing about them. Key Risks Take-Home Message These are only some of the projects Osa Vive is working on—and we learn of more all the time. For example, at Ventanas Beach, a 465-acre property consisting mostly of forest, the owner has applied for development permits from SETENA. On Instagram, “tropicainvestments” says “The Ventanas Beach Development has unending development potential with everything you need to create a successful project, including water access and permits.” You can be sure Osa Vive is investigating this project thoroughly. If you know of another project of concern, please reach out to us so we can investigate. Osa Vive’s work is expensive, requiring lawyers and technical experts. But we know what we are doing. We are stopping illegal projects, holding violators accountable, and keeping the trees standing. If you want to help safeguard this area, if you do not want another Guanacaste in the Southern Zone, the single most effective thing you can do is to support our work. Your donation to Osa Vive directly protects this precious area from destruction. If you want advice on an environmental situation or want to let us know about a development that concerns you, Osa Vive is happy to hear from you! Public participation is absolutely key to our mission of stopping illegal development in the Southern Zone. Osa Vive cannot do it all, but we can amplify our efforts through education, hopefully inspiring the community to join our efforts.
Super-Yacht Marina, Uvita de Osa
What Is The Risk? Step 1, a marina for super-yachts, may well be followed by step 2, condos for the yacht owners in the mountains above. The proposed location of the marina is near Dominicalito Bay, at the bottom of the Cuña del Angel road (opposite the Jolly Roger road, aka Puertocito). It doesn’t take much imagination to figure out that bringing super-yachts to the area is not likely to help most locals. Instead, it is likely to be another major contributor to gentrification, further increasing prices for everyone and ramping up pressure to cut down the forest to build luxury housing. What Is Osa Vive Doing About It? Osa Vive is gathering information about what permits would be required for this project, what permits have been applied for, and which permits (if any) have been granted. Importantly, having a permit is no guarantee that a project will go forward or that it is in full compliance with the law. Osa Vive spends a lot of time and legal resources challenging permits that we think were granted improperly (for example, see The Dominical Project and The Muni and Phase 11, Ojochal). If the marina does have any permits, you can be certain that Osa Vive will make sure they are 100% legal. And if there are any improper permits, then we will nullify them.
Balcones, Las Brisas, Ojochal
What Is The Risk? This shocking $125 million development of 25 acres (10 ha) includes 11 towers and more than 500 apartment units. Can you imagine the effects of 11 buildings of this size? The blight on the landscape, impact on wildlife, infrastructure pressure, traffic, dust, increased road-repair costs, loss of tranquility? This project would also be a major contributor to the gentrification of the area—these are not affordable apartments for local ticos. We have various specific concerns about this project, including the water source, possible change in the use of the land from forest to commercial/residential (cambio del uso del suelo; see Phase 12, Ojochal), and unpermitted tree cutting. What Is Osa Vive Doing About It? The developers had a 2018 “uso del suelo” permit from the Muni that has probably expired by now. Through a forestry study, Osa Vive is investigating the basis of the SETENA permit the developers have obtained. Years ago the developers asked the Ojochal ASADA to provide water for the project, but the ASADA did not provide that water. So the developers are planning to obtain water from the Tortuga River, several kilometers away. What harms could come to the local communities from such an infrastructure project and diversion of resources? Osa Vive was not the only party paying attention to this development! Local neighbors saw and heard many trees, including big ones, being cut down on this property. These neighbors consulted with Osa Vive, and they filed environmental complaints following our advice. As a result, SINAC investigated the site, documented the environmental damage, and filed a case with the Tribunal Ambiental Administrativo. Osa Vive will be making a legal filing to attach ourselves to the case and ensure that justice is done. This is how the system should work. We are also continuing to investigate other legal aspects of this project. The Balcones project is a great example of how EVERY ONE OF US can make a difference! A big THANK YOU to those concerned neighbors! May they inspire others. Learn how to file an environmental report yourself here, and contact Osa Vive if you need advice or want to let us know about a development that concerns you.
Tierra del Ciebo, San Buenas de Osa
What Is The Risk? This development of 18 lots in San Buenas is surrounded by many trees: What Is Osa Vive Doing About It? In response to our complaint, both SINAC and Direccion de Aguas visited the site. During the site visit, inspectors identified a gravel road crossing a watercourse. Subsequently, the Dirección de Aguas determined that the watercourse qualifies as a creek. Creeks are legally protected in Costa Rica; they are not supposed to be filled with gravel and turned into roads. Abusing the creek as the developer did may constitute a violation of the Forestry Law. If so, Osa Vive will pursue that matter to its logical legal end. Inspectors also saw a road built within the protected buffer zone of the creek, a second possible violation. SINAC indicated that it is preparing a report to be submitted to the Environmental Prosecutor’s Office. In this case SINAC is doing its job, and we applaud them. (We are looking into another project by this same developer. Indeed, that particular project was stopped [“paralizado”], at least temporarily, by the municipality. In that case the developer was cited for moving 5,000 cubic meters of earth, engaging in unpermitted constructions, passing sewage through a body of water, and cutting down trees.) We hope that in the future this developer will show more respect for the environmental laws of Costa Rica. We also hope that the costly and time-consuming experience this developer is having will be a lesson to others: It is faster, cheaper, and easier to scrupulously follow the law in the first place.
The Muni and Phase 11, Ojochal
What Is The Risk? A massive amount of earth was moved to create building sites in Phase 11, a housing development of approximately 100 acres (40 ha) in Ojochal. A project of this magnitude requires layers of permits. Osa Vive believes that the first agency that should grant a permit in a development like this is SETENA. In this case, SETENA should have considered whether to grant the project an Environmental Permit to move forward. After SETENA had granted that permit, then it would be up to the Municipality of the Osa (“the Muni”) to decide which permits, if any, to grant the project (for road building, construction, etc.) What Is Osa Vive Doing About It? SETENA did not grant an Environmental Permit. Our legal team believes that in the absence of this permit, the Muni should not have granted any permits to the project. But they did—so we took the Muni to court. The court ordered the Muni to perform an investigation: English translation: “…the local government (the Muni) is ordered to initiate an internal investigation to assess whether the environmental impact requirements of the original subdivision project were omitted, determine accordingly the responsible officials; determine the possible damages to the environment, collect through administrative channels any damage resulting from the possible omissions of environmental permits; and communicate, if necessary, the result of the investigation to the Public Ministry, so that it may investigate whether there are criminal offenses…” Osa Vive’s legal team believes that the Muni has not fully complied with the court order. We therefore feel compelled to push this case upward through the court system until the Muni has fully complied with the original order. This critically important case has wide-ranging implications. If the Muni granted permits when it should not have (without a required SETENA permit), one might wonder whether the Muni has done so in previous cases—or might do so in the future. This case does something unusual and important: It holds the Muni legally accountable. We hope that it will encourage the Muni to grant permits with great care in the future, even as our case works its way through the court system.
Phase 12, Ojochal
What Is The Risk? The 200-acre (81-ha) Phase 12 parcel in Ojochal is large enough for hundreds of lots and homes. This land is locally famous because in 2019 it was set on fire (intentionally, based on the opinion of the fire crew). Many residents of Ojochal saw—and inhaled—the smoke, and at least one person had to be evacuated. We can never know for sure all of the devastating effects on wildlife in the area. The developer began the legal paperwork to create lots for sale, but one detail matters: The land is forested. In Costa Rica you cannot “change the use of the soil” (cambio el uso del suelo) without strict permission. Doing so is a criminal—not civil—offense. This law is one of the reasons Costa Rica has been able to successfully reforest land since the late 1980s, when up to half of the original rainforests had been cleared for logging, cattle ranching, and large-scale agriculture. Today, once trees reach a certain size and the canopy closure reaches a certain threshold, the land is legally considered to be forested. Both primary and secondary forests are legally protected. What Is Osa Vive Doing About It? This case brought us together to found Osa Vive! Based on a report from the technical experts of OIJ and other professionals, much of Phase 12 is forested. Our legal team believes that the fire did not change this fact: If the land was forested before the fire, that is all that matters. Osa Vive’s legal team promptly filed paperwork to stop the development of Phase 12—and it worked. The land has been undisturbed, with the trees quietly growing and the wildlife returning. The intended development has not happened. The case is still working its way through the legal system. We have filed a criminal complaint against the developer. For now, we are thrilled to have protected such a large piece of forest. This outcome is a major victory for Osa Vive—and for everyone who cares about the Southern Zone. It is also a major statement to developers: Follow the law or face the consequences.
The Dominical Project
What Is The Risk? This $700 million(!!) project covers 65 acres (26 ha) for luxury hotels, condos, villas, and townhouses. This would be enough housing for hundreds of people, but how much would the local community benefit? And we are concerned that a project of this size could cause irreparable harm to the ecosystem. Learn about the project at thedominicalproject.com. We believe there could be serious problems with water availability (the developers even proposed a desalination plant!), and that the project could create additional stress on an already-problematic and fragile electrical grid. We are also concerned about proper disposal of the massive amounts of wastewater such a project would produce. Local businesses would suffer in competition with the proposed luxury hotels and residences. The amount of public input the developers solicited for such a massive project strikes us as insufficient for an undertaking of this size. What Is Osa Vive Doing About It? We have studied the proposed Dominical development extensively, and our legal team has taken action. We want to ensure that the project does not run afoul of laws that protect forests and water resources. Osa Vive hired a forest engineer to study the mountainous part of the project, inland from the highway (the developers call this Dominical Ridge). The engineer concluded that the land is largely forested and steep. Those two factors mean that the amount of building possible is significantly less than what the developers propose. The part of the project on flat land, on the ocean side of the highway (the developers call this Playa Dominical), contains a flood zone and three springs. The legally required setbacks around these areas would further significantly reduce the amount of possible development. In summary, Osa Vive is concerned that the project may not follow several important articles of Costa Rican law. Our attorneys are therefore working to nullify the permits granted to this project. We are confident that the work we have done will prevent the proposed project from happening, and we will not rest until all permits for this project have expired or been revoked or until we are certain that it fully complies with Costa Rican law.