Mexico Fights for Free Beach Access

MEXICO — In Mexico, the law recognizes that access to beaches must be free and unrestricted, as they are national assets designated for common use. However, in practice, this right is systematically violated, with documented cases of blocked access points, improper fees, and occupations by tourism developments that, through various mechanisms, limit the collective use of the nation's coasts. In response, a legislative initiative has been presented to close these regulatory gaps and guarantee that the constitutional principle of public access is effectively upheld.

A Current Problem

While the issue of free and unrestricted beach access concerns the entire country, it has become more evident in certain tourist destinations. A clear example is Tulum, in the state of Quintana Roo, which has become a symbol of this situation: spaces that were once open to all are now subject to fees and physical barriers that limit their use.

The dispute is significant, as it forces a decision on whether natural spaces, which by law belong to the entire nation, should remain accessible to all people, or if it is valid to restrict entry for the benefit of tourism developers. In many cases, these developers improperly use environmental arguments to justify controls and barriers that end up excluding broad sectors of the population.

In recent years, Tulum transitioned from an emerging destination to a central point for international tourism. This process was accompanied by accelerated real estate expansion, the arrival of mega-tourism projects, a disproportionate increase in land value, and growing pressure on coastal territories. In this scenario, beaches became one of the most contested spaces. What were once accessible common-use areas are now fenced off by luxury hotels, exclusive restaurants, and gated residential complexes that, under the guise of conservation or management, have imposed fees and barriers to free transit.

Naturally, what is occurring in Tulum is not an isolated case. Similar situations, with their own particularities, are repeated in various coastal zones across the country. In states such as Baja California, Veracruz, Yucatán, and Oaxaca, increasingly frequent patterns of exclusion are observed: de facto privatized beaches, access points blocked by tourism or real estate developments, and arbitrary restrictions.

In recent months, cases evidencing abuses related to this problem have been documented. This past May, three access points to coastal zones were liberated: two in El Pescadero and one in Cerritos, in La Paz, Baja California Sur. At these points, blockades using stones and other objects had been detected, along with the installation of a booth seeking to charge for beach access.

Similarly, in the community of Santa María Colotepec, Oaxaca, a case was presented of a woman who attempted to block access to El Tomatal beach by placing concrete posts on a public road to demarcate her land. In San Carlos, Sonora, another tourist destination, some concessionaires implemented a charge of between 50 and 100 pesos for visitors to access beaches, arguing that the paths allowing entry cross through privately owned land.

Nayarit constitutes another recent case, with citizen reports of restrictions on free access to beaches and the so-called "ventanas al mar" (access paths to the sea). A specific example occurred at Playa Litibú, in the municipality of Bahía de Banderas, where a public official witnessed an attempt to obstruct the coastal area and intervened to prevent the abusive action.

In response, various sectors of the population—national residents, tourism sector workers, citizen collectives, and land defenders—have expressed their discontent through peaceful protests and organized actions. They demand the free reopening of beaches and respect for the right of free access to the coastal zone, as established by the General Law of National Assets since 2020. However, a solution that fully restitutes this right for both the local community and visitors in general has not yet been achieved.

A Possible Reference: Spain's Coastal Law

Faced with a problem that is not exclusive to Mexico, the European Union considers the protection of free and public access to beaches an essential component of coastal zone territorial management. This right is not limited to a social or touristic matter but is conceived as part of the common legal heritage, destined to guarantee the collective use and equitable enjoyment of natural assets by the entire population.

In this context, Spain's Coastal Law (Ley 22/1988) stands out as one of the clearest and most advanced regulatory frameworks in coastal regulation. This Spanish legislation explicitly establishes that "the common use of beaches shall be free, public, and unrestricted." This provision is not a mere statement but a legal mandate with binding effects for all authorities and actors involved in coastal management.

The law defines the coastline as a public space, inalienable and not susceptible to privatization, which guarantees that beaches remain open for general enjoyment. Furthermore, it imposes the obligation to conserve and protect public access points, preventing real estate developments, concessions, or private interests from limiting or conditioning the entry of citizens.

A notable aspect of this law is that it integrates environmental protection with social access. The Spanish coast is subject to zoning that contemplates the conservation of sensitive ecosystems, but without allowing this conservation to be used as an excuse to unjustifiably restrict public access. Conversely, the law establishes clear criteria so that environmental management and ecological preservation coexist with recreational use and free access.

In this way, it promotes sustainable management of the coastline that not only safeguards biodiversity but also guarantees the social and cultural function of beaches. The law has also played a fundamental role in curbing the real estate and tourism pressure that, for a long time, put free access to beaches at risk.

Through tools like the demarcation of the maritime-terrestrial zone and the declaration of public maritime-terrestrial domain, clear limits are established to protect these public spaces from attempts at privatization. When irregularities are detected, the law contemplates sanctions and the cancellation of improper uses, which strengthens the guarantee of free access for all people.

In contrast, Mexico still faces great challenges on this issue. Although the Constitution recognizes that beaches are national assets for common use, there are no clear and effective laws that guarantee free and unrestricted access for all people. This legal insufficiency, which requires normative attention, has opened the door to exclusion and the covert privatization of spaces that should be an accessible patrimony for all.

A Balanced Solution for Mexico: Free Access with Responsible Regulation

In the face of growing barriers that limit free access to beaches and protected natural areas in Mexico, it is urgent to rethink the current legal framework. Therefore, it is considered necessary to reform both the General Law of National Assets and the General Law of Ecological Balance and Environmental Protection, with the purpose of incorporating clear principles and effective mechanisms that guarantee public, equitable, and inclusive access to these spaces that, by law, belong to everyone.

The proposed measure contemplates three fundamental actions:

1. Explicit recognition of the right to free, unrestricted, and guaranteed access to the nation's beaches. It is fundamental to reaffirm that all people, without distinction of origin, nationality, or socioeconomic condition, have the right to enjoy beaches without facing fees, physical barriers, or arbitrary controls.
2. Establish the obligation to guarantee at least one functional public access point for each stretch of coastline. This access must not be symbolic or impassable; it must have adequate infrastructure, visible signage, and safety conditions, in addition to being free of improper charges.
3. Guarantee that Federally Protected Natural Areas (Áreas Naturales Protegidas, ANP) offer at least one day per week of free entry. This is a measure that seeks to balance preservation with social access.

Undoubtedly, Protected Natural Areas play a central role in conserving the country's natural patrimony, and their protection remains a priority. Therefore, the proposal establishes that the Secretariat of Environment and Natural Resources must guarantee general public free weekly access, preferably on Sundays or holidays, to strengthen the social and community use of these spaces without ever compromising conservation objectives.

Thus, the initiative does not disregard the need to safeguard Protected Natural Areas but underscores that protection cannot become a pretext to privatize or limit the collective enjoyment of national assets, nor an excuse to exclude those who, by law, must have guaranteed access to these spaces.

Strengthening Coastal Access: A Necessary Action

The presented reforms seek to protect the rights of local communities, foster social tourism, and guarantee equal access to the country's natural patrimony. It is not only about facilitating recreation but also about reaffirming that natural resources are assets of the nation and that the State must ensure their enjoyment under conditions of equity.

For this, it is indispensable to have effective legal and institutional mechanisms that ensure compliance. Updating the legal framework—in particular the two aforementioned general laws—will help guarantee that these assets, due to their public character, remain accessible and open to all people. The intention is to curb the covert privatization of the coastline, but also to establish clear monitoring mechanisms, review irregular occupations, and strengthen the role of the State as the guarantor of the collective interest.

Legislating in this direction means recognizing that access to these spaces is a right that must be protected and advancing towards a more just and sustainable relationship between society and its territory.