enviromental report

i was at profepa today in la paz
report follows

here is the guy how finished my problem...
he was the lawyer for profepa last year

he will answer your questions and
can put you together with someone that will
complete your enviormental permit quickly
no BS

email him
Manuel Barajas
manuelbarajas@hotmail.com

Lomas Centenario....1,600 sq meter property....7 months....approximately $5,000....yes I'm serious! This was done totally legally through SEMERNAT. Applied first week in December 2006 & finally received "blessed" paperwork authorizing clearing of land for construction to begin on June 30, 2007. And my builder did 99% of the legwork & follow-ups for me....gratis. So that total cost does not include a fee for any "agent" time. That is purely the cost for the reports, studies, site visits required by SEMERNAT! Unfortunately, I fell into the time frame of the infamous head honcho change in the office when the only person with signing approval in the La Paz office was transferred to Mexico City, so that added 2-3 months of time sitting in a pile awaiting the new signing authority's arrival!

BTW....SEMERNAT fees for SEMERNAT personnel to do the entire process & reports are nearly double the cost of finding authorized people independent of SEMERNAT to do the reports & generate the study for SEMERNAT's final blessing!!!

EDIT: Yes, that is USD!
EDIT #2: Checked my spreadsheet & corrected cost!
[Edited on 2-19-2008 by longlegsinlapaz]

[Edited on 2-19-2008 by longlegsinlapaz]

Greta.....I think that's "Urbano", which is SUPPOSED to mean the property is buildable...different interpretation than we're used to! What they don't tell you is that they supposedly screwed up & a LOT of properties were assigned an Ubrano designation by mistake & despite the fact that the title states it's Urbano, many (ME included) still have had to pay again to have the official Urbano designation...how much more legal/official can it be than showing on the original title & in Catastro's records?? Nonetheless, I jumped through those hoops & paid it to stay legal! Sometimes it seems like they get us coming & going!!

Bob, are you talking pesos or dollars????

My builder helped some friends who had a PROFEPA stop-work order issued on their construction & the maximum fine is supposed to be $10K (equivalent USD). They too had to post the bond to complete their work & after they jumped through all the hoops, it was refunded.

I thought SEMERNAT was a pain to deal with to do things up front & LEGALLY, but in my case, I'd probably have been better off financially to have just started construction & gone the PROFEPA bond route when caught! But I refuse to knowingly run afoul of Mexican laws, so by staying legal & adhering to the process, it cost me a 7-month delay in construction start-up, an additional 7-months rent (through this point in time) in alternative housing & I had to bite the bullet on increased materials & Seguro Social costs!

Also, having submitted the paperwork & waiting for SEMERNAT to complete the process it still doesn't authorize you to do ANYTHING (plant new things, remove existing natural plants or even move existing foliage, start excavation or construction!). You aren't in the "clear" to touch the property until you get the official document back & in your hot little hand. Additionally, the builder who begins construction is in NO WAY liable for any of the violation penalties, YOU, the property owner are fully liable, even if your builder tells you you don't need to wait. Of course their going to tell you it's not necessary, because they can start earning $$ sooner & they're totally in the clear for the violation penalties!

I'm wondering if; like varying property tax discounts in another recent thread; the penalties might vary by geographical area.

Acuity, not a stupid question....the issue is much broader than waterfront properties! ALL unimproved land w/o previous permanent construction. All of Mexico. And YOU have to be able to prove that any existing structures or improvements to the land were done prior to the EIS requirement. Dated pics, an old printout of a GoogleEarth map, etc., can really help your cause. There is apparently a minimal number of sq. meters of land that does not require an EIS....but I think that's only applicable to Mexicanos who build a 300 sq ft rustico casa. I know that the area my property is located, SEMERNAT told my builder & I "Anything below Calle Palo de Arco is considered rustico & doesn't require an EIS". Well, guess what!! I'm ON the downhill side of Calle Palo de Arco, and I had to get one! So maybe there's an obscure nationality requirement that comes into play!

Todos Santo is definitely with easy reach of the PROFEPA people based out of La Paz....as, obviously, are some of the more remote areas....good rule of thumb, if there is a road in, PROFEPA will undoubtedly find you eventually! And it won't be a fun-filled, nor inexpensive time when they do! Be legal & if there is any doubt, check with the SEMERNAT office in La Paz before you touch your property. When buying improved property, ask the seller for a copy of the EIS as a term of the purchase contract. Or check to see if one is on file in La Paz. It'll save you a lot of headaches!

this is good advise

Greta, if I were you, I'd ask all those "officals" (developer, La Ribera building department & the local delgado) if they are so positive that an EIS is NOT required, to put it in writing on their official business or agency letterhead, over their signature & then you take those letters to SEMERNAP in La Paz & get a truly official answer/determination from the agency who is responsible. Or take them to PROFECO & get a legal determination from Manuel Barajas, since he's with the violation enforcement agency. I'm betting NONE of them will be willing to put it in writing.

My current construction is not "beach front, resort or marine park", and I was legally required to get one, despite the fact that I only has 2 things which fall under environmentally protected growing on my property. Three SEMERNAP employees said my property didn't need an EIS, upon request of my builder, they wrote a letter to that effect & presented it to the only authorized signature authority at SEMERNAP...their boss...and he refused to sign it & countermanded their determination...I got the EIS.

Edit: SEMERNAP and/or PROFECO should have their feet held to the fire to make sure all the outlying offices are notified of current laws & make them accountable when they intentionally mislead property owners!!