Mexico’s Beach Access Law: Hoteliers React

Quintana Roo, Mexico — The hotel sector of Quintana Roo holds somewhat disparate positions regarding a law reform that seeks to guarantee free access to beaches. On one hand, the president of the Cancún Hotel Association, Rodrigo de la Peña, considers that, pending a thorough review of the initiative, it seems "complicated" that beach access points must be opened at all hotels.

"Indeed, there are several hotels that do not have direct access. So it is a significant challenge. Of course, the beach is a federal zone and everyone can travel there freely, but access points at all hotels—that I see as complicated. But well, we are going to analyze how the initiative is presented, and from there, I believe the correct approach would be to have several access points, but it cannot be at all hotels," de la Peña stated.

For his part, David Ortiz Mena, president of the Mexican Caribbean Hotel Council, viewed positively the way this legislative initiative was ultimately proposed, believing it will help generate an improvement to this long-standing social grievance.

"Particularly, for example, in Tulum, we have seen how there is a lack of public access to the beach due to the lack of planning that this destination has," Ortiz Mena said.

He recalled, however, that the responsibility for guaranteeing free access to beaches falls to the municipalities, and therefore "the reform will help us improve beach access without placing responsibility solely on the private sector.

"We see it as good, we believe it will not be a reform that is harmful to tourism, and it could improve a social desire to have greater public access to the beach," Ortiz Mena added.

On September 1, with the support of all political parties, the Plenary of the Chamber of Deputies approved modifications to the law to guarantee free access to beaches and protected natural areas across the country, as well as to prohibit the imposition of fees, charges, or restrictive conditions for entry.

With 470 votes in favor, the lower house reformed various provisions of the General Laws of National Assets and of Ecological Balance and Environmental Protection. The ruling was sent to the Senate of the Republic for its analysis.

This ruling, derived from an initiative by Ricardo Monreal, the leader of Morena in the Chamber of Deputies, stipulates that access to maritime beaches and the federal maritime-terrestrial zone contiguous to them will be free, gratuitous, and permanent for all persons without distinction of origin, nationality, or social condition. It cannot be inhibited, restricted, obstructed, or conditioned except in cases established by other laws or administrative regulations.

Furthermore, it establishes that federal, state, and municipal authorities, within their respective jurisdictions, will guarantee access from public roads to maritime beaches and the contiguous federal maritime-terrestrial zone, which must be safe and signposted.

In addition, the imposition of charges, fees, or restrictive conditions for entry to maritime beaches and the contiguous federal maritime-terrestrial zone is prohibited, except for those areas that do not permit it by express provision for environmental prevention and protection, public safety, and national interest.