LEGAL CHECKLIST FOR WOULD-BE DEVELOPERS
OSA VIVE’S (PARTIAL!) LEGAL CHECKLIST FOR WOULD-BE DEVELOPERS OSA VIVE’S (PARTIAL!) LEGAL CHECKLIST FOR WOULD-BE DEVELOPERS Osa Vive demands that developers respect Costa Rica’s environmental laws and we hold them legally accountable when they don’t. To help would-be developers respect the law and avoid fines, delays and jail time, we offer this partial list of questions to help developers (and investors) with their due diligence. Osa Vive’s attorneys know all the answers; attorneys working for developers should too. Costa Rica’s legal philosophy Article 50 of the Costa Rican constitution plainly states:“All persons have the right to a healthy and ecologically balanced environment.For that, they are legitimated to denounce the acts that infringe this right and to claim reparation for the damage caused. The State will guarantee, will defend and will preserve this right. The Law will determine the responsibilities and corresponding sanctions.” Do you know Article 50 has been used in environmental claims against irresponsible developments?Do you know that Costa Rican environmental law respects the “Precautionary Principle” meaning that it is the responsibility of developers to prove that their development will not harm the environment, rather than the responsibility of the government or environmental organizations to prove that the development will cause harm? Changes to forested land Forest Law 7575 contains many powerful and important provisions, including criminal penalties (jail time). The law contains a formal and technical definition of forest (it’s not just someone’s opinion) and prohibits the change of the use of land (cambio de uso del suelo) from forested to something else, like a housing development. The law provides for a small number of exceptions – for example, for an ecotourism project or for water management projects needed to maintain the integrity of the forest. Some developers believe that it is legal to change 10% of the land from forest to development; this is the so-called “10% rule.” But that is a fundamental misreading of the law. There is simply no such thing as a 10% rule that allows developers to change 10% of their forested property into a development. Osa Vive is working on such a case now. Don’t go there! Do you know that penalties for changing the use of the soil include destruction of any buildings constructed? Did you know that years of jail time are on the table for those who change the use of the soil? Consider yourself informed. Water resources Water resources (springs, wells, streams, including intermittent/temporary streams, ravines, ground water recharge areas, legal concessions) are surrounded by protected zones (zonas prohibidas) where earth cannot be moved, trees cannot be cut and development cannot occur. The extent of those protected zones around water resources ranges from 15 meters on each side up to 200 meters of radius, and varies with the steepness of the terrain, the type of resource (well vs spring vs stream), and whether the water is used by ASADA to supply a local community. Have you mapped every water resource on the property you want to develop? Have you overlaid those resources with appropriate protected zones to see how much land is actually legally available for development? Better be sure ahead of time, because the truth will come out if Osa Vive gets involved. Roads Are you planning to use an existing road, or a remnant of an old road, or build a new road? There are a lot of pitfalls regarding roads. If a road crosses property that is not yours, do you need written permission to use, modify or expand the road? Does it cross through the protected zones mentioned above associated with water resources, or forest resources? Does it cross through a wildlife corridor? If so, various government regulations may be triggered – be prepared. Do you know that if an old farm road has fulfilled its original purpose (eg, for agriculture) the road may be subject to termination? Maritime zone Do you know that within the MZ there can be no development unless the government grants concessions? Do you know that the government can revoke those concessions at their discretion? Do you know that there can also be Protected Areas within Maritime Zones where no concessions can be granted? Moving earth Do you know that a permit is needed to move earth if you are moving more than X cubic meters? Do you know what X is? Do you know the penalties for moving earth without a permit? Do you know how moved earth must be disposed of and the penalties for not disposing of it properly? Wildlife corridors and protected species Are you aware of the boundaries of the Corredor Biológico Paso de la Danta, and other wildlife reserves and corridors? Do you know the special regulations associated with that corridor? Do you know the penalties associated with violating those regulations? Permits Clearly developers need legal permits to do pretty much anything associated with developments.But take note of several important facts regarding permits: Permits granted to one applicant might not be transferable to a subsequent owner.Not all permit applications are granted.3) Permits that have been granted may be improper and can be challenged. And Osa Vive has challenged, and is challenging, the legality of many permits. We challenge improper SETENA authorizations, improper MINAE/SINAC permits, improper Muni permits. We use our legal team. We work with the Osa Fiscal. We file legal challenges with every applicable part of the Costa Rican Court system. Those legal challenges cost developers time and money. So the wisest course of action would be for developers to have their attorneys be as scrupulous as possible – as scrupulous as Osa Vive is – when applying for permits so that there is nothing left for Osa Vive to challenge. Developers will save time and money, and perhaps even sleep better at night knowing that they are respecting the laws passed by the elected representatives of the Costa Rican people. Consequences Penalties for violating the law include financial penalties (fines), restoration of destroyed habitat (time consuming and expensive) and criminal
The Costanera Billboard Project: A Message in Three Parts
The Costanera Billboard Project: A Message in Three Parts Osa Vive recently installed a series of three bilingual educational billboards along the Costanera highway between Ojochal and Uvita. Why? Because sometimes, you have to fight bulldozers with big signs. Why This Matters Costa Rica is a global gem: breathtakingly beautiful, fiercely peaceful, wildly biodiverse, and full of kind, proud people. The Southern Zone in particular is like nature’s VIP lounge—monkeys swinging overhead, toucans arguing in the trees, coral reefs shimmering offshore, and culture that pulses with life. It’s no wonder people from around the world come here seeking the magic. And when tourism is rooted in sustainability—eco-lodges, cultural immersion, forest hikes, reef snorkeling—it supports the local economy and protects the very things people come to experience. But not everyone comes here for sloths and sunsets. Some come chasing one thing: MONEY. Where you might see a pristine forest full of life, these folks see “undeveloped land with ocean views.” To them, it’s all potential profit—trees, animals, communities be damned. Billboard #1: PURA VIDA? We all know the phrase. Pura vida means “pure life”—a celebration of Costa Rican culture, joy, nature, and community. But lately, it’s starting to feel like “loving something to death.” In the name of “development,” forests are being clear-cut. Wildlife is losing its home. Hillsides are scraped down to clay, causing erosion that clogs rivers and suffocates coral reefs. It’s not development—it’s destruction dressed up in tropical real estate brochures. Developers are selling a dream. But if you look closer, it’s more like a scam. Billboard #2: OVERDEVELOPMENT DESTROYS NATURE… AND RAISES COSTS FOR LOCALS Yes, cutting down forests harms the environment. That much is obvious. What’s less obvious is how overdevelopment dries up more than just creeks—it dries up opportunities for locals. Fewer trees mean less rain. More visitors mean more water use. Suddenly, the once-abundant Southern Zone is facing shortages. (Locals collecting water in Guanacaste. Credit: Tico Times) And while large-scale projects might create a few temporary construction jobs, many of those go to people who are not local or are even from other countries like Nicaragua. The long-term jobs left for locals? Often low-paying roles in gardening or cleaning, with little upward mobility. Meanwhile, who benefits? Investors. Wealthy developers. People rich enough to build luxury homes in someone else’s paradise. These folks aren’t hurting—but their projects hurt everyone else. Need proof? Look at Guanacaste. It’s filled with resorts, and also one of the poorest regions in the country. Locals there are being priced out of their own towns. The same is already starting to happen here in the Southern Zone. High-end developments don’t lift up communities—they push them out. Billboard #3: LET’S PROTECT FORESTS, COMMUNITIES, AND WATER Here’s the deal: once these habitats are gone, they’re gone. Once living costs skyrocket, people can’t afford to come back. There’s no “undo” button. Tourists don’t fly here to see condos. They come for waterfalls, howler monkeys, and jungle trails. They want the real Costa Rica, not a gated community with imported palm trees. And Ticos are pushing back. In Samara, a community just blocked a massive development project. Nationwide, citizens are standing up to gentrification and fighting to keep their land, culture, and environment intact. But this fight isn’t over—it’s just beginning. Guanacaste is already overbuilt. Let’s not let the same thing happen here. What Can We Do? We need to rethink what “luxury” really means. Is it a marble countertop with a view, or waking up to toucans and the smell of rainforest? Is it exclusivity—or authenticity? Even global artists like Bad Bunny are calling out the dangers of this trend. His song “El Apagón” talks about how irresponsible development has devastated Puerto Rico and Hawaii. Sound familiar? It’s happening here, too. We believe that development should benefit locals—not displace them. It should create opportunities and protect the environment, not exploit both. That’s why we support Tico-owned businesses that preserve the land and promote eco-tourism. That’s the path forward. How You Can Help We say NO to irresponsible development.We say YES to sustainable tourism.And we ask visitors: Protect the communities and ecosystems you came to see. Osa Vive works hard to fight back—legally. We research, file claims, review permits, and do environmental impact assessments. But all of that takes money. The number of projects we can take on depends directly on the resources we have. So if you love this region—and want to see it stay wild, vibrant, and affordable for the people who call it home—please help: 👉 Become a member👉 Donate if you can: osavive.org/donate👉 Follow us and share the word Together, we can make sure Pura Vida stays pure. Are you looking to get involved? Below are ways you can help! Donate Volunteer
OSA VIVE JOINS 1% FOR THE PLANET
OSA VIVE JOINS 1% FOR THE PLANET —ENGLISH VERSION BELOW— Osa Vive se complace en anunciar que nos hemos unido a 1% for the Planet como Socio Ambiental Verificado. Las donaciones que recibamos a través de esta colaboración aumentarán nuestro impacto e involucrarán a más empresas en el movimiento ambiental. 1% for the Planet es un socio responsable para las empresas que rechazan la rutina y se comprometen a apoyar a Socios Ambientales Verificados que marcan la diferencia en todo el mundo. Fundada en 2002 por Yvon Chouinard, fundador de Patagonia, y Craig Mathews, fundador de Blue Ribbon Flies, sus miembros han donado cientos de millones de dólares a Socios Ambientales hasta la fecha. Las empresas miembro donan el 1% de sus ganancias cada año a Socios Ambientales Verificados, como Osa Vive. “El objetivo de 1% for the Planet es ayudar a financiar estas diversas organizaciones ambientales para que, colectivamente, puedan ser una fuente más poderosa para resolver los problemas del mundo”, escribe Yvon Chouinard, cofundador de 1% for the Planet. Queremos agradecer a Liquid Blue, la primera empresa miembro del 1% en realizar una generosa donación a Osa Vive a través del programa 1%. Nos honra contar con su apoyo. Si forma parte de una empresa miembro del 1%, conoce a alguien que lo sea o desea animar a alguien a unirse al programa, asegúrese de informarle que Osa Vive ahora es un Socio Ambiental aprobado al que puede donar. Gracias por su compromiso y apoyo. Osa Vive is pleased to announce that we have joined 1% for the Planet as a vetted Environmental Partner! The donations we receive through this partnership will increase our impact and involve more businesses in the environmental movement. 1% for the Planet is an accountability partner for businesses that reject business as usual and commit to supporting vetted Environmental Partners that are making a difference around the globe. Started in 2002 by Yvon Chouinard, founder of Patagonia, and Craig Mathews, founder of Blue Ribbon Flies, their members have given hundreds of millions of dollars to Environmental Partners to date. Member businesses donate 1% of their profits every year to vetted Environmental Partners, like Osa Vive. “The intent of 1% for the Planet is to help fund these diverse environmental organizations so that collectively they can be a more powerful source in solving the world’s problems,” writes Yvon Chouinard, co-founder of 1% for the Planet.” We would like to give a shout out to Liquid Blue, the first 1% Member business to make a generous donation to Osa Vive through the 1% program. We are honored to have earned their support. If you are a part of a 1% Member business, know someone who is, or want to encourage someone to join the program, please be sure to let them know that Osa Vive is now a vetted Environmental Partner to which they can donate. Thank you for your commitment and your support.”