Mexico Shuts Down Real Estate Projects Over Environmental Breaches

Mexico — The Federal Attorney for Environmental Protection (Profepa) has imposed a partial temporary closure and cessation of activities on an urbanization project in Progreso, Yucatán, after detecting non-compliance with various environmental conditions of its authorization and unauthorized vegetation removal on an area of 6,183 square meters located outside the approved polygon.

Similarly, it notified the total temporary closure of a construction project on a beach in Mazatlán, Sinaloa, because the constructions did not comply with granted environmental authorizations and occupied a larger area than permitted.

Yucatán Case Details

Regarding Yucatán, the actions were carried out at the “Urbanización Ciudad Maderas Península Phase II” project in the port of Chelem.

In a statement, Profepa detailed that during the inspection visit conducted from December 9 to 15, personnel from Profepa in the entity verified irregularities on a total surface area of 151,766 square meters, corresponding to 145,583 square meters of authorized green areas and 6,183 square meters located outside the general polygon of Phase II of the project.

Non-compliance with the First Term of the resolution was confirmed, as vegetation removal was observed in green areas, when the environmental impact statement establishes that these zones should preserve existing vegetation and be enriched with regional species. Additionally, a surface area of 6,183 square meters was detected outside the authorized polygon, not contemplated in the resolution.

Furthermore, non-compliance with environmental conditions was verified, including the introduction of exotic species, such as feathery coconut and coconut in areas designated for clubhouses; as well as the lack of signage and delimitation of conservation areas, since no installation of ropes, tapes, or other elements to protect these zones prior to the start of works was observed.

The diligence was carried out in compliance with an inspection order dated December 8, with the objective of verifying that the works are conducted in accordance with the environmental impact resolution issued by the Ministry of Environment and Natural Resources (Semarnat) on December 16, 2021, in favor of Centro Inmobiliario del Bajío.

Sinaloa Case Details

Regarding Sinaloa, Profepa reported that in response to citizen complaints alerting about the construction of a containment wall in a beach area, allegedly intended for the installation of a palapa for seafood sales, personnel conducted an inspection visit on December 22 to the property located on Avenida del Mar, Mazatlán.

During the inspection, the construction of a containment wall approximately 38 meters long, 0.35 meters wide, and 2 meters high, made of reinforced concrete, was confirmed, which would serve as a base for a concrete slab intended to enable a seafood restaurant.

The work, it indicated, was in the process of execution. The project manager exhibited a resolution exempting the presentation of the Environmental Impact Statement (MIA), issued on May 23, 2018, as well as a concession title for the Federal Maritime-Terrestrial Zone (Zofemat) for a palapa-restaurant with an authorized surface area of 500 square meters.

However, when cross-referencing the documentation with the on-site works, Profepa personnel verified that the construction characteristics did not correspond to what was authorized and that a larger area than permitted was being occupied.