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Administrative and Environmental law
Is your Project required to submit an Environmental Impact Assessment Report (MIA)?
Do you need to effect a filing with SEMARNAT or PROFEPA?
Do you need to secure an Amparo from SEMARNAT or PROFEPA?
Did you know that any development is required to obtain a Certificate of Environmental Feasibility and a Certificate of Legal Feasibility?
Do you know what a Concession of Federal Zone is?
Would you like yours to be a "clean company"?
Let us make all necessary filings for you!
Our region of the country is rich in natural resources that Mexican officials zealously protect from the impact that new real estate of any kind can have on our ecosystem.
Our law firm and its professional team of specialists will provide you with consulting on Mexico's environmental laws and all of those concepts that you will need to consider before you initiate the first steps towards developing any project. One of those steps is filing an Environmental Impact Assessment Report (MIA). Our law firm will also assist you in filing the requirements of Secretariat of the Environment and Natural Resources (SEMARNAT) and the Environmental Protection Agency (PROFEPA), and with all pre-filing procedures.
A MIA or Environmental Impact Assessment Report is a requirement for any intended real estate development. It is a tool whereby SEMARNAT is able to identify the conditions that it needs to impose before it is able to authorize any construction or activity that has a potential to cause an environmental imbalance or exceed the limits and measures assessed by the applicable legislation on environmental protection. This is one of the measures adopted to protect, conserve and restore the ecosystems and avoid or reduce negative effects on the environment.
Any beach side real estate development must be particularly aware of the Agencies and Legislation that govern activities in coastal areas. One of these agencies is SEMARNAT (Secretariat of the Environment and Natural Resources), who is responsible for delimiting and demarking the Federal Maritime Terrestrial Zone (ZOFEMAT), defined as the 20 meter-wide strip of passable (passable being understood as any area of horizontal plain with a 0 to 30 degree inclination angle) terra firma parallel to the coast line or to the edge of any body of ocean or river water, from its mouth and upstream up to 100 meters.
According to Article 27 of the Constitution, any land and waters inside Mexican territory belong to the Nation, who has it as a right to convey their ownership to private parties in the form of concession for use, enjoyment and exploitation.
For that piece of Government owned real estate that you would like to acquire, our law firm will assist you in securing a Certificate of Concession of Federal Maritime Terrestrial Zone (whether for Conservation, Ornate, or for General Use), or the appropriate Assignment of Rights. An Assignment of rights requires that the assignor secure a specific approval from the same officials who granted the original concession. It also requires that the assignee meet the same conditions of the original concession (Article 25 of the Law of National Property). We will also advise on the grounds for termination or cancellation of concessions or permits according to the Law of National Property.
The ZOFEMAT is affected by any natural or artificial change that occurs on the coastline. Its limits increase or decrease as the ocean recedes or advances (Federal Maritime Terrestrial Zone taken over by the sea or Federal Maritime Terrestrial Zone resulting from receding seas).
Mexican Lawyers Firm will advise you on the tax regulations that apply to the rights associated with the ZOFEMAT, and familiarize you with agencies such as the Mexican Treasury (SHCP), responsible for collecting the income that the Federal Government has a right to collect under the law.
Any person or entity who has the use or enjoyment of a Federal Government owned port, terminal or port terminal located within the Federal Maritime Zone is bound to cover the property use and enjoyment tax.
This is just one example of the many aspects that are governed by our administrative and environmental laws and a clear example of why relying upon professional legal consulting for any real estate project is a must.
The consulting provided by our corporate group in this area of practice is supported by our vast experience in the field. Whether in Merida, the Mayan Riviera, and Cancun or elsewhere in Mexico, appropriate professional consulting is essential. We encourage you to contact us.
We know.
Our consulting in this practice:
- Assess, analyze and obtain the Federal permits needed to build and operate your real estate development.
- Request, monitor all requests and obtain State and local environmental permits required to build and operate your real estate development.
- Defend persons or entities from Federal, State or local agency resolutions.
- Government Relations, where our law firm interacts with the various officials involved in granting the appropriate permits on behalf of our Clients.
