Imagine this nightmarish scenario: you purchase your dream beachfront property complete with unobstructed 180-degree views of the bay.
Unbeknownst to you, a tiny, low-rise beach café to the north has applied for a concession with the state allowing them to develop their property upward and add three more floors. Good-bye unobstructed view. So long glorious sunsets.
It can happen. And it begs the question: “who – and how – can someone develop the beach?” Well, they can‘t. Sort of.
Protecting the Beach: The Federal Maritime Terrestrial Zone
All beach properties are protected by the state. Specifically, the first 20 meters – approximately 60 feet – from the tide line inland falls under the governance of the Federal Public Domain of Mexico and is protected by ZOFEMAT (Zona Federal Maritimo Terrestre) and the Ministry of Environmental Matters.
While this land cannot be purchased, ocean-side property owners and operators can obtain a concession – or a lease – in order to alter its zoning which includes both preserving the area or altering it.
Protecting Your Interests: Whether Developing or Preserving
In most cases, beachfront cafes and restaurants have received a concession which allows them to operate on a public beach property. Concessions are typically granted for 15-year period after which the application must be renewed, and fees are paid on a yearly basis.
Similarly, if you’d like to retain your pristine, unobstructed beach view – or conversely, add to your residential property – you should first investigate the adjoining properties and determine who owns concession rights, if any.
While it sounds long and complicated, navigating ZOFEMAT regulations IS A MUST for anyone looking to purchase a dream property, and to ensure that the unobstructed views remain well into the future.
Contact us at Ron Morgan Properties for more information on beachfront properties and to learn more about your rights.