Federal Judge Orders Tulum Building Demolished for Turtle Nesting

Playa del Carmen, Quintana Roo — A federal judge in Quintana Roo has mandated the demolition of an illegally constructed beachfront building in Tulum, ruling that the structure endangered the nesting grounds of protected sea turtles. The decision marks a rare legal victory for environmental advocates in a region where unauthorized coastal developments have proliferated.

Unpermitted Luxury Development Faces Removal

The five-story Maiim building, located in Bahía Solimán approximately 10 kilometers from Tulum’s municipal center, was constructed without the required federal environmental permits. Adjacent to the Xcacel-Xcacelito Sea Turtle Sanctuary—a state-protected natural area—the development had been marketed as luxury condominiums, with units priced starting at 16 million pesos (approximately $880,000).

The ruling stems from a lawsuit filed in August 2024 by the civil association Defending the Right to a Healthy Environment (DMAS), which challenged the legality of permits issued by both municipal and state authorities. Tulum’s municipal government, led by Mayor Diego Castañón Trejo of the ruling MORENA party, had granted construction licenses, while the state’s Secretariat of Territorial and Urban Sustainable Development (Sedetus) provided additional approvals later deemed irregular.

Legal Battle and Enforcement Challenges

Despite ongoing litigation and a closure order from Mexico’s Federal Attorney for Environmental Protection (Profepa), the developer, Promotora de Incentivos México, continued construction and sales. The federal court’s final judgment, issued by the Fifth District Court, not only nullifies all permits but also requires the site’s restoration to its original condition—effectively mandating the building’s demolition.

Antonella Vázquez Cavedon, founding attorney of DMAS, hailed the decision: "This is the ruling we fought for—one that should set a precedent. Residents of Quintana Roo trust municipal licenses to comply with the law, but we’re seeing that isn’t the case. The entire state is suffering from unchecked projects that violate regulations."

Wider Environmental Concerns

The case highlights persistent conflicts between developers and conservationists in Quintana Roo, where rapid tourism-driven construction often clashes with protections for coastal ecosystems. DMAS, which previously secured injunctions against sections of the Tren Maya project, is also contesting another nearby development, Adamar Solimán, for ignoring Profepa closures and court-ordered suspensions.

Sea turtles, classified as endangered species, rely on the region’s beaches for nesting between May and October. The Maiim building’s proximity to critical habitats raised alarms among biologists and activists.

The developer retains the right to appeal the verdict through a judicial review process. However, the ruling represents a significant step in curbing illegal construction in ecologically sensitive zones.

Key Figures:

• Developer: Promotora de Incentivos México
• Location: Bahía Solimán, Tulum, Quintana Roo
• Unit Prices: Starting at 16 million pesos
• Legal Plaintiff: DMAS (Defending the Right to a Healthy Environment)
• Court: Fifth District Court of Quintana Roo

The demolition order underscores growing judicial scrutiny of environmental violations in Mexico’s premier tourist destinations.