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.
UPDATE: August 2026
Osa Vive hired a forestry engineer to study the Balcones property. Read on for what we learned!
The Balcones property is forested and has been forested for years. By law, that means that the MAXIMUM area that could be used for roads and buildings is 10% of the total property, which would be 1.17 hectares. But the proposal is to develop more than 10 hectares, which is about 90% of the property!
We believe that SETENA erred in granting an Environmental Viability Permit to the Balcones project. SETENA should have or could have known that the property was forested and on that basis limited the project area to 10% of the total land. It seems that the Balcones project should be reduced to 10% of what has been proposed, if not less.
With our forest engineer’s report in hand, Osa Vive is working with Walter Brenes of Energy Law to officially nullify the authorization SETENA granted. The legal papers have already been filed. We are grateful to Mr. Brenes and look forward to a just resolution that respects the forest, the law, and the surrounding community.