QCOSTARICA — An environmental license that had been granted to build the Vistas de Sámara project was annulled because the Secretaría Técnica Nacional Ambiental (SETENA) – National Environmental Technical Secretariat, questioned the impact on protected areas of Playa Sámara, in Nicoya.
The project was a real estate development that intended to build 37 10-story towers and 333 housing lots, apparently to be built in a mangrove area.
The decision to annull the environmental feasibility permit responds strong opposition from locals who voiced concerns over environmental impact and to inconsistencies detected in the authorization process.
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“A preliminary investigation has been ordered to determine whether the developer and its consultants incurred legal and technical responsibilities,” said Cortez, acting secretary of SETENA.
In addition, the institution will conduct a preliminary investigation to determine whether there are responsibilities and improvements to the process from a technical and legal standpoint.
The project generated controversy from the start. Since February 2024, when the Environmental Assessment Document was submitted, several interest groups began to question the procedures used to grant the environmental license, approved that month under resolution 318-2024-SETENA.
The complaints indicated that the project affected an area of fragile ecosystems, including wetlands and mangroves, which had been previously degraded and drained. This led to a series of nullity incidents and a precautionary measure to suspend the license in September 2024, pending studies by the National System of Conservation Areas (SINAC) to assess the current state of the affected areas.
Other points raised in the annulment appeal included the lack of a solid Declaration of Environmental Commitments and the omission of a detailed Environmental Impact Study. SETENA also failed to request a georeferenced analysis to confirm the suitability of the land use for the project, which, according to the complainants, represents a “procedural defect” that violates Costa Rican environmental regulations.
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SETENA’s resolution, issued on October 30 establishes that although the project will not continue, it is necessary to conduct an exhaustive investigation to determine if there were errors or irregularities in the approval process. The Plenary Commission of Setena ordered the formation of a work team that includes its General Secretariat, the Technical Directorate and the Legal Advisory Department, headed by new administrative officials, whose responsibility will be to carry out a “preliminary investigation” to determine if there were administrative errors in the authorization of the project.
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