Building A House In Costa Rica- SETENAs Environmental License

In Costa Rica, the environmental license is a crucial requirement for any construction project, reflecting the country’s commitment to sustainable development and environmental protection. This process is managed by the National Environmental Technical Secretariat “Secretaria Tñecnica Nacional Ambienta” (SETENA), established in 1995, tasked with assessing the environmental impact of projects in our country and ensuring compliance with current regulations through analysis and inspection processes.

SETENA plays a fundamental role in preventing environmental degradation, promoting the sustainable use of natural resources, and conserving the country’s biodiversity. It is responsible for implementing Environmental Impact Assessment (EIA) processes and ensuring that economic development occurs responsibly and balanced, considering both social and environmental aspects. SETENA’s main responsibility lies in the evaluation and approval of EIAs. EIAs are essential technical studies to determine the potential environmental effects of projects developed in the country.

In Costa Rica, SETENA’s technical activity is evidenced in practice through permits D1 and D2, which regulate and control activities with environmental impact, guaranteeing the sustainability of the country’s natural environment. The importance of these permits is detailed below:

D1 Permit: This permit is required for projects of greater complexity and size. Its significance lies in including an environmental impact assessment involving a thorough study identifying and analyzing the potential environmental effects of a project, helping to mitigate ecological damage and protect natural resources. Additionally, it includes a section on environmental risk mitigation by requiring a detailed analysis and mitigation measures to prevent environmental disasters and promote sustainable practices in project execution.

D2 Permit: This permit applies to projects with lesser environmental impact, facilitating the regulation and management of small projects. This makes regulatory compliance more accessible for entrepreneurs and small businesses, ensuring that these projects adopt measures to prevent localized environmental damage, contributing to the overall protection of the environment.

SETENA’s D1 and D2 permits are fundamental for environmental management in Costa Rica. They ensure that all projects, regardless of size, are developed sustainably and in harmony with the environment. Additionally, they promote environmental responsibility among developers and encourage community participation in protecting their natural surroundings.

The main difference between the D1 and D2 permits lies in the project’s magnitude and the level of detail required in the environmental impact assessment. The D1 is for projects of greater complexity with significant environmental impact, requiring a stricter and more detailed evaluation process, while the D2 is for smaller projects with reduced impact and a simplified evaluation process.

1. Requirements and Procedures for D1 Permit:

• General project information.
• Activity, work, or project name.
• Province, Canton, District.
• Coordinates.
• Survey Number and Property Number,.
• Property rea according to the survey (sq m).
• Project area according to design (sq m) (When applicable).
• Activity category according to the International Standard Industrial Classification (ISIC) “Clasificación Internacional Industrial Uniforme” (CIIU) and its Potential Environmental Impact (PEI) “Impacto Ambiental Potencial” (IAP).
• Significance of Environmental Impact (SEI) score.
• Name of responsible environmental consultant.
• SETENA registration number and validity.
• Project description.
• Developer’s qualities and e-mail address for notifications.
• Site georeferencing.
• General description of the site’s environmental situation.
• Basic matrix for identifying cumulative environmental impacts.
• Legal requirements (Documents accrediting representation, if a legal entity).
• Certification of total project investment amount.
• Technical-legal requirements (Sworn Declaration of Environmental Commitments).
• Technical requirements (geotechnical study, hydrological study).

Procedure to obtain D1 approval:

Once the application with the aforementioned requirements is submitted, SETENA reviews the documentation to ensure completeness. If information is missing, the proponent is requested to complete it before continuing with the process. The initial review period is 10 business days.

SETENA conducts a detailed technical evaluation of the project, which may include site visits and consultations with other institutions. The approximate resolution period for a D1 is 90 business days, extending according to the project’s complexity.

Once the technical evaluation is approved, SETENA issues an environmental opinion (favorable, unfavorable, or conditioned) within 30 business days after the technical evaluation.

2. Requirements and Procedures for D2 Permit:

• General project information.
• Activity, work, or project name.
• Province, Canton, District.
• Coordinates.
• Survey Number and Property Number.
• Property area according to plan (sq m).
• Project description.
• Developer’s qualities and e-mail address for notifications.
• Description of the production process.
• Legal requirements (in case of a legal entity, certification attesting valid legal personality).
• Copy of identification document.
• Property tittle certification.
• Survey certification.
• Activity category according to the International Standard Industrial Classification (ISIC) and its Potential Environmental Impact (PEI).
• SME certification issued by MEIC (Ministry of Economy, Industry, and Commerce).
• “Small Rural Producer” certification.
• SINAC certification or certification from a forestry engineer indicating that the project is outside forest coverage.
• Payment receipt for the service.

Procedure to obtain D2 approval.

SETENA reviews the application to ensure completeness. If information is missing, the applicant is requested to provide it. The initial review period is 5 business days.

Once the information is approved, the technical evaluation proceeds, which may include site visits and additional consultations if necessary. The evaluation period is 30 business days for simple projects or up to 60 business days for more complex projects.

The environmental opinion is issued within 15 business days after the technical evaluation approval.

Contact and General Considerations:

The status of each D1 and D2 process is available on the SETENA web platform. Contact person: Environmental Evaluation Department of SETENA. Phone: 2234-3420 extension 157. WhatsApp support: (+506) 8439 4828.

For both processes, it is important that all documents submitted via SETENA’s digital platform are digitally signed or scanned with proper authentication by a notary public. Compliance with SETENA’s instructions is essential to protect the environment, prevent negative impacts, comply with current legislation, and promote sustainable development in Costa Rica.

The environmental impact assessment process, whether through D1 or D2 permits, obliges developers to consider and mitigate the potential adverse effects of their projects, thus promoting more responsible and sustainable practices. Additionally, these processes foster transparency and community participation, strengthening trust in the country’s environmental management and ensuring that society’s interests are taken into account. Compliance with SETENA regulations is crucial to ensure that Costa Rica’s economic development is compatible with environmental protection. This commitment not only protects the country’s natural heritage but also promotes a culture of sustainability and environmental responsibility that benefits both present and future generations.

For more information on environmental licensing processes with SETENA, contact Gonzalo Rojas at grb@quatro.legal

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.