Talamanca, located on Costa Rica’s southern Caribbean coast, the province of Limón, is a culturally and ecologically rich canton. Home to stunning natural landscapes, Talamanca encompasses districts such as Bratsi, Sixaola, Cahuita and Telire. The canton is known for its strong Indigenous heritage, diverse wildlife, and pristine beaches like Puerto Viejo and Manzanillo. With a tropical climate and a laid-back lifestyle, it attracts visitors seeking adventure, ecotourism, and cultural experiences. Additionally, Talamanca prioritizes environmental conservation, with a zoning plan that promotes sustainable development while preserving its natural and cultural heritage.

A Zoning Plan (Plan Regulador) in Costa Rica is a legal framework that regulates land use and guides urban and rural development to promote sustainable growth and environmental protection. Approved by local municipalities, it classifies land into residential, commercial, industrial, conservation, and other specific zones, each with regulations on building height, density, and permitted activities. The plan also manages the allocation of public infrastructure, such as roads and green spaces, while aligning pre-existing concessions with current zoning regulations to ensure orderly and balanced development.

Historical Background:

Talamanca has faced significant challenges in establishing and implementing a comprehensive zoning plan, known locally as a “Plan Regulador.” Historically, the canton lacked such a plan, leading to unregulated development and environmental concerns.

In early 2012, the government identified numerous properties in Talamanca’s Maritime Terrestrial Zone (ZMT) violating national regulations. This led to formal notifications of impending evictions and demolitions for several local businesses and residents. The situation highlighted the absence of a regulatory framework to manage land use and development in the region. 

Efforts to establish a zoning plan (ZP) culminated on September 26, 2023, when the Municipality of Talamanca approved the Coastal Regulatory Plan for the Talamanca-Cahuita District, covering areas from Cahuita to Manzanillo. This marked the first comprehensive zoning plan for the canton, effectively ending decades without such a framework. 

Nevertheless, the Constitutional Court of Costa Rica has ordered the Municipality of Talamanca to conduct an Indigenous consultation regarding this ZP, indicating that it didn’t comply with the legal requirements. This is the second time the court has ruled against the Municipality on this issue.

Talamanca’s Zoning Plan:

Access to the full zoning plan HERE: (This zoning plan is provided for informational purposes only and may not reflect the most recent updates or changes in regulations. Users are advised to consult with Quatro Legal to ensure compliance with the latest laws and guidelines).

The ZP’s objective is to regulate and manage land use in a way that balances tourism development, environmental sustainability, and community growth while ensuring compliance with national and local regulations.

How the Plan Affects Property Owners and Developers

Understanding how the zoning plan impacts your property or development project is crucial for ensuring compliance and avoiding legal issues. The ZP will provide guidelines for what can and cannot be done within each zoning category, affecting future investments, building permits, and property value. Below are key aspects to consider:

• What are the concession rules for pre-existing uses? 

Many properties in the Talamanca region fall within the Maritime-Terrestrial Zone, where private ownership is restricted. Concessions must be obtained through the Municipality, ensuring compliance with local regulations. Properties with pre-existing uses may continue under certain conditions, but renewals and expansions must align with updated zoning requirements.

• How Do I Know What Zoning Category My Property Falls Under? 

To determine the zoning classification of a property, you will need to obtain a Land Use Certificate (Certificado de Uso de Suelo) from the Municipality. This certificate will provide detailed information on the zoning designation and permitted activities.

• How to Apply: Submit an application to the local Municipality with property details.

• Information Provided: The certificate outlines specific zoning restrictions and permitted land uses.

• Why It’s Important: Ensures legal compliance before purchasing, developing, or modifying property use.

Navigating zoning regulations in Talamanca requires careful legal consideration due to potential changes. Understanding the ZP is essential whether you’re acquiring property, developing tourism projects, or ensuring compliance with environmental restrictions. Legal guidance can help mitigate risks and maximize investment potential while ensuring compliance with Costa Rican laws.

If you have any questions or would like to discuss your case further, please don’t hesitate to get in touch. We’re here to assist you!

Lourdes Vega Salas
Phone: (506) 2103-7294
Email: lsv@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.