Land use and zoning regulations in Costa Rica are governed by a combination of national laws, municipal regulations, and specific plans for development areas. These regulations are designed to ensure sustainable development, environmental protection, and orderly urban growth.

The current regulations for land use and zoning in Costa Rica are primarily based on the property’s location. Costa Rica is divided into several counties or municipalities, at least 84 as of today, each of which has different regulations specifically for land use and zoning.

However, the main regulations are stated in:

1. The Municipal Code
2. The Regulations Issued by Each Municipality: These regulations are specific to the property or county.
3. The Urban Planification Law and Its Rulings: This law is very important. The rulings of the Urban Planification Law are approved in coordination with the INVU, which is the controller of regulations that can apply to a property in a municipal county, depending on the territory and the regulations enforced at the time.

Land use and zoning regulations in Costa Rica

  • National Legislation:

    • Urban Planning Law (Law No. 4240): This law establishes the principles of urban planning in Costa Rica, including the creation of urban plans, zoning regulations, and land use classifications.
    • Environmental Law (Law No. 7554): This law aims to protect Costa Rica’s environment by regulating activities that impact natural resources. It requires Environmental Impact Assessments (EIAs) for certain types of development projects.
    • Enforcement of land use and zoning regulations is the responsibility of municipal authorities, with oversight from national agencies such as the MIVAH, the Ministry of Environment and Energy (MINAE), and SETENA.

  • Municipal Regulations:

    • Regulatory Plan: Each of the current 84 municipalities in Costa Rica, is required to develop a Regulatory Plan (Plan Regulador) that dictates land use within its jurisdiction. These plans include zoning maps and specific regulations for different types of land use, such as residential, commercial, industrial, and agricultural.
    • These plans are tailored to the local context and development goals.
    • Regulatory Plans outline permitted uses for different zones, such as residential, commercial, industrial, and conservation areas. They also specify building density, height restrictions, and other urban development parameters.

  • Special Regulations for Coastal Zones

    • Maritime Terrestrial Zone Law (Law No. 6043): This law regulates the use and development of the Maritime Terrestrial Zone (MTZ), which includes land within 200 meters of the high tide line along the coast.
    • The first 50 meters from the high tide line are considered public domain and cannot be developed. The next 150 meters can be leased for development through concessions granted by the local municipality, subject to specific regulations and environmental considerations.

General content provided by Javier Sauma from Sauma Rossi Law. Edited by LX Team.

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