Environmental Impact Study

A friend of mine cleared her lot thinking that the developers had taken care of all of these kinds of things only to find out that they had not. They(I believe that it is PROFEPA but dont hold me to that) are fining her(or trying to) almost $3000usd for removing certain plants and for planting coco palms.

SEMARNAP is the agency in charge of Environmental Impact studies, PROFEPA is the enforcement agency for SEMARNAP. The current legal requirement is that all unimproved land purchases require an EIS; which would lead you to believe that if you purchase improved land or subdivided land in a development that the EIS has been done...DON'T BELIEVE IT without getting a copy of the actual final report for your individual property!! Failure to obtain EIS's has been so common that there is currently a change in the works to make it mandatory for the SELLER to obtain it as part of the sales process. Most Mexican sellers cannot afford the process, let alone understand/believe the need for it, so historically it's been ignored. The old "ignorance is no excuse" rule applies! It's the current owner who will be held accountable. There's a fine of up to $100,000 pesos for doing ANY clearing of land without an EIS. My construction has been held up for nearly 2 months awaiting final letter of authorization to clear my land. I know of someone who bought cleared land in Todos Santos & SEMARNAP required a letter from the last seller stating that the land was cleared prior to his purchasing it. It is assumed at this time that no EIS will be required since the horse is out of the barn, so to speak...but no construction will start until SEMARNAP issues their final written decision.

So Ken, my recommendation would be (1) Before your lot was cleared land...Ask if there has been an EIS & get one if it hasn't been done. (2) After your lot was cleared by others...Ask seller for EIS paperwork. (3) After the house has been built...little late to be asking if built by you...I'd probably let that sleeping dog lie; if after discrete research you find none was ever done! (That's my personal advice, NOT LEGAL advice!) But be aware that some day....when you least expect it.....

And YES, you can get building permits without proof of EIS, but you're still liable for fines if you start clearing land without finalized EIS paperwork! Sadly these rules/codes/laws carry more weight with us Gringos...WE can be deported!

The SEMARNAP office that oversees the geographical area of your property. Uhhhhhhh....might that be Olympia for you? I saw Washington State as your location...sorry!

You need to take your fideicomiso, containing legal lot # & location & a fistfull of cash! On my 1,600 sq meter lot near La Paz, my actual costs for my Environmental Impact & the associated required Manifesto was just under $3,000 USD. ($29,999 pesos) Any questions on why most Mexican families ignore this legal requirement? And sadly; or gratefully, depending on the perspective; I more than halved the cost quoted by SEMARNAP by selecting certified freelance people to do it as opposed to SEMARNAP personnel.

Enviromental Impact Study? Sounds pretty much like a building site approval. Seems a little expensive, but it's good to know up front so you won't be blindsided by a fee and a fine combined.

Cypress

Nope!!! It is totally independent of building permits, you can get one without the other! My building permits have been issued for 2+ months...I'm just awaiting final authorization letter from SEMARNAP to start clearing unwanted & non-protected vegetation.