Tulum, Quintana Roo — A federal judge ordered authorities in May to halt construction of MAIIM, a luxury apartment complex along Tulum’s coastal zone, and demanded the responsible company restore the site to its original condition, which could require demolition. The ruling exposed a pattern of illegal development practices by businesses exploiting gaps in Quintana Roo’s territorial planning system, threatening the region’s environmental sustainability.
Not Just Tulum
These violations are not isolated to MAIIM’s developer. Similar practices have become common across Tulum and other parts of Mexico’s Caribbean coast. Investigations by journalist Alejandro Melgoza of N+ revealed nearly 300 environmental damage complaints linked to hotel and tourism developments in Tulum between 2005 and 2022. Only 5% of these cases resulted in penalties, highlighting systemic impunity.
The unchecked real estate boom, encroaching on protected areas like the Sian Ka’an Biosphere Reserve, has led to unprecedented urban sprawl. Since 2018, over 3,000 construction permits have been issued—many under outdated or nonexistent urban regulations.
In Puerto Morelos, the National Commission of Natural Protected Areas (Conanp) has identified and reported 17 irregular constructions near the Puerto Morelos Reef National Park. Most are clustered in the tourist-heavy "Casco Antiguo" district. In late May, the Federal Attorney for Environmental Protection (Profepa) shut down three illegal developments in the area.
Quintana Roo’s Flawed Planning System
Quintana Roo and its 11 municipalities operate under 49 territorial planning instruments, but 29 are outdated, nine require modifications, and three remain incomplete. Only eight are fully up-to-date.
Key documents like the Ecological Land Use Plans (POEL) for Cozumel and Felipe Carrillo Puerto have been partially invalidated by federal authorities. Others, such as Holbox’s administrative provisions, remain suspended. Risk atlases for Cozumel, Othón P. Blanco, and Isla Mujeres have not been updated since 2011, while Felipe Carrillo Puerto’s dates back to 2006.
Omissions and Legal Gaps
Twice, state authorities have failed to publish the Regulations for Quintana Roo’s Human Settlements, Territorial Planning, and Urban Development Law. The 2018 version mandated issuance within 180 days, but no action was taken. The same deadline in the 2023 reform has also been ignored.
A critical flaw is the absence of mandatory risk atlases, which assess land suitability for development. Quintana Roo lacks a statewide atlas, as do its two metropolitan zones (Cancún-Isla Mujeres and Othón P. Blanco). Only seven of 11 municipalities have one, and four are outdated.
Experts like Christine McCoy of the University of the Caribbean and environmental lawyer Antonella Vázquez warn that without updated risk assessments, construction permits are granted blindly—ignoring hazards like sinkholes, underground rivers, and hurricane vulnerability.
Lack of Oversight and Citizen Exclusion
The State Council for Territorial Planning, established in 2018 to evaluate urban projects, has been ineffective. Meeting sporadically—just once in 2021 and 2022—it lacks structured agendas and often operates without quorum.
The Council’s membership skews toward private developers, excluding civil society groups like Amigos de Sian Ka’an, whose 2018 request to join was never addressed.
Rubber-Stamped Approvals
From 2018 to early 2023, the Secretariat of Territorial and Urban Development (Sedetus) approved all 1,700 territorial compatibility certificates requested in Benito Juárez. None were denied or conditioned, including for Karuka Real Estate’s 3,993-home megaproject in Supermanzana 249, which bypassed environmental and infrastructure reviews.
Sedetus also neglected to inspect compliance with the few territorial impact studies conducted—just 44 since 2019. Former officials cite staffing shortages and fear of legal challenges as reasons for lax enforcement.
Missing Diagnoses and Public Participation
The state lacks essential urban diagnostics to guide development decisions. Neither Sedetus nor municipal planning institutes maintain such studies, despite legal mandates.
Public participation mechanisms, like observatories and citizen councils, remain unimplemented. The law guarantees public oversight, but Sedetus has not facilitated it.
A System in Crisis
Quintana Roo’s planning failures—outdated regulations, missing risk assessments, and unchecked development—threaten both the environment and urban sustainability. Without urgent reforms, the region’s growth will continue at the cost of its natural resources and long-term stability.
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