BajaNomad

Beach Access

Marc - 1-4-2011 at 08:19 PM

How far from high tide are the beaches in Mexico open to public access? I heard it's 60 feet?? And does there have to be a public right of ways leading to a beach or shoreline. I have never had a problem in Mexico. Just wondering.

woody with a view - 1-4-2011 at 08:30 PM

no. they can fence off access. if you come by water, i think it is like the US where up to the high tide line is public. i think the 60 feet is the area that you can't build from the high tide line....

i could be wrong.:rolleyes:

This may be helpful

mcfez - 1-4-2011 at 09:06 PM

You are right Woody...60 ft

http://www.bajaexpo.com/beachaccess.htm

Russ - 1-5-2011 at 06:21 AM

Good article. It explains things the way I have understood them. However.... having a waterfront property and knowing where the federal zone is can be more than a frustrating experience. Making improvements within your property lines does not guaranty you are not infringing on the fed zone.

RnR - 1-5-2011 at 07:34 AM

Interesting coincidence on this question.

This notice was posted a few days ago along the nearby beaches:

NOTICE:

There is an approximately 20 meter (65 feet) strip of land, measured from the mean high tide line of the sea, known as the FEDERAL ZONE. This land is owned by the federal government, NOT the public.

Within the FEDERAL ZONE (beach), the federal government controls water rights and limits vehicles, certain activities, and construction that could endanger people, damage natural resources, or cause pollution. It is ILLEGAL to drive any motor vehicles in this zone. (Art. 7, Fracc. 1, Reglto. de ZOFEMAT) If you are in the FEDERAL ZONE, in or on a vehicle, you are here illegally.

PROFEPA is one of several sub-commissions in charge of protecting the beach from miss-use, and it is taking more efforts. We ask that you do your part by keeping vehicles off the beach.

For comments or to report violations, may be directed to:

PROFEPA (01 612) 12 29104
(01 612) 12 20787 Unidad de denuncias y quejas Ext. 3002 GRACIAS

[Edited on 1-6-2011 by RnR]

shari - 1-5-2011 at 08:05 AM

RnR.....where are you located?

Baja&Back - 1-5-2011 at 09:21 AM

Probably in Los Barriles - posted by that guy with the big house who doesnt like people driving on the sand in front of his place.

The MEAN Tide

MrBillM - 1-5-2011 at 11:40 AM

That "Mean" High-Tide is An important distinction which I've found over the years has confused many people, especially in the Northern Gulf where Spring Tides of 20+ plus are common.

Of course, one of my neighbors probably described it best when saying that the Federal Zone was wherever the authorities said it was.

Bajatripper - 1-5-2011 at 11:53 AM

Adding to the confusion are the different enforcement policies for different people. Case in point: I have never had any problems landing on the beaches of el Mogote where all of that development has been taking place the last few years here in La Paz. In fact, security guards that I've met there have always gone out of their way to let me know the access to those beaches isn't affected by the development. However, Mexican friends who have attempted the same thing have been chased away by those same security guards.

David K - 1-5-2011 at 12:21 PM

Racism in Baja!??:o

bajatravelergeorge - 1-5-2011 at 05:59 PM

A common misconception about this law is that alot of people think that they have the right to cross private land in a vehicle to reach the federal zone. Sorry folks, you don't have that right. So quit knocking down the gates to get your car to the beach. Park your car and walk! That goes for the Mexican Military as well.

mike odell - 1-5-2011 at 07:12 PM

In our area all subdivisions are required to have a 1.5 meter access for I believe, every
300 meters, for walking purposes only. But like everything else, depending on the financial
climate, and the politics at the time, enforcement can be stringent or laid back!
There have been a lot of bruhahas in the past, all over this area in the past 8 or so years,
Semarnat, Profepa, Irate Nortenios, Mexicanos, but it works out. I too have had property not respected, but I deal with it in my fashion, I hate rude behavior in a
person, won't tolorate it!! { Woodrow Call}

BajaGeorge, don't have a clue where you have property, but if a gate gets crashed here,
payback is painful! As far as trying to restrict the Militar I would SERIOUSLY advise
against that idea!! They can roam at will, and I personally welcome them to.

woody with a view - 1-5-2011 at 07:39 PM

here i is!:light:

Paulclark - 1-5-2011 at 09:11 PM

For beach access all arroyos in Mexico are public and controlled by the Federal Government through the CNA (Comision Nacional del Agua) and that includes 10 meters on either side of the arroyo for the first 100 meters from the ocean and 5 meters thereafter. They cannot be fenced unless there is a gate allowing public throughfare.
20 meters = 65.6 ft.

bajatravelergeorge - 1-5-2011 at 10:45 PM

Quote:
Originally posted by mike odell
In our area all subdivisions are required to have a 1.5 meter access for I believe, every
300 meters, for walking purposes only. But like everything else, depending on the financial
climate, and the politics at the time, enforcement can be stringent or laid back!
There have been a lot of bruhahas in the past, all over this area in the past 8 or so years,
Semarnat, Profepa, Irate Nortenios, Mexicanos, but it works out. I too have had property not respected, but I deal with it in my fashion, I hate rude behavior in a
person, won't tolorate it!! { Woodrow Call}

BajaGeorge, don't have a clue where you have property, but if a gate gets crashed here,
payback is painful! As far as trying to restrict the Militar I would SERIOUSLY advise
against that idea!! They can roam at will, and I personally welcome them to.


OK, so who are you going to "pay back?" They crash the gate, haul their crap down to the beach, and leave a mess. Oh and if they forgot to bring something, they think its OK to "borrow" mine without asking. No offer to fix or replace it when they break it. And then what about the cost to get a welder out there to repair the gate? The funny part of it is, if people would walk down to the house and talk to the caretaker, he is under instruction to open the gate for people if they agree not to trash the place or disturb the ecosystem.

And what do I do when the Military shows up when I'm not home, cut the lock off of the gate, drive down to the house and they decide to break a window and enter my house because they want to check for "drugs and guns." (thats the answer I got when I complained at the military base). While they are in the house, they help themselves to my personal belongings like watches, rings, cell phone, sunglasses, etc. Not that the stuff was worth alot, but some of it had sentimental value to me.

Woooosh - 1-6-2011 at 11:00 AM

When people trample the federal zone concession rights of others- it is very hard to get anyone to do anything about it. I've been to and filed formal denuncias at PROFEPA, SEMARNAT, PGJE and the PGR. They are all nice and reaffirm in writing that our Federal titles are current and valid, but don't do anything to resolve the problem. Nomads know my sob story about the "lady" who is actually selling the beach concession in front of our house that we hold the federal zone title to and pay 11 pesos per square meter every year for. Since this video was made (1500 views on YouTube) she brought two buyers over who painted over all the disabled access and concessions signs in December... geeesh

I do find it interesting that we believe all Mexicans should have the right to access their public beach and that's what we fight for. Not to keep it closed off for ourselves and limit public access in any way. The joy we get from watching families enjoy the beach, and for the disabled to access it is worth the hassle of fighting for it for them.

http://www.youtube.com/watch?v=vKXgfbGksdM
http://www.youtube.com/watch?v=oCRflD9USro

[Edited on 1-6-2011 by Woooosh]

bajatravelergeorge - 1-6-2011 at 08:37 PM

That video of them painting over the signs is incredible! Take the time to watch it folks.

She must be really hungry for a sale. Bet the price she is asking is pretty cheap.

Woooosh - 1-6-2011 at 09:01 PM

Quote:
Originally posted by bajatravelergeorge
That video of them painting over the signs is incredible! Take the time to watch it folks.

She must be really hungry for a sale. Bet the price she is asking is pretty cheap.

In all my life, I have never encountered anyone like this woman. A real piece of work with no shame or scruples. It's all about money, it always is down here. She has it for sale for $199K and doesn't even have the title to it. I imagine the next step is they will fence it off. We've given her copies of the FMZ title and the maps- and it hasn't stopped her a bit. I hear there is a push to punish fraudulent land sales in Rosarito, but no one wants to deal with Federal Zone issues. We Connecticut Yankees fight on for the people though. It's not really how I wanted to spend retirement though.

We've been interviewing the disabled people who use this beach access point- so hopefully that video will have some impact when we get it done. Who paints over a disabled beach access sign? geesh.

BajaBlanca - 1-7-2011 at 12:17 PM

well, I heard that as the tide level increases, so does the federal zone limit rise, so if you find your property in the zone after say 20 years .... it ain't yours and you will get fined ... :o

David K - 1-7-2011 at 12:34 PM

Yes, as the sand disappears, the ocean gets closer, and the Fedral Zone moves with it.

Beach erosion is natural and as sands move, the high tide line can get closer to things people put near the beach. Tectonic movement also can change the high tide line and that doesn't mean the sea level has changed, if the land drops lower.

The sea level remains nearly unchanged during a liftime, so you won't likly ever 'see' the ocean level rising. The same places that were next to the water's edge when I was a kid, are still next to the water's edge.

Someone here said it is a fact that sea level has risen in the past 50 years... then the figure he gave was about the length of a cigarette.

In the Sea of Cortez, the sea level rises up to 20 feet, daily! Not sure how many cigarette lengths that is, but one more every 50 years is something we have lots of time to work with... as for moving cabanas, etc.

I drive across a salt flat that is just inches above the normal high tide line, and during extreme lunar or storm driven high tides does get covered with sea water... It has since I was first there in 1967, and still does today.

If the world's sea levels did rise just a few inches during these 44 years, that salt flat would get wet with every high tide. The old road at Bahia Concepcion (on rock foundation, not sand) also still gets wet in a couple places during extreme high tides... as it did when we first drove it in 1966.

Woooosh - 1-7-2011 at 04:18 PM

The Federal Zone line at our place is now the street in front of us! When I met with the SEMARNAT jefe a few months back he said a few houses were already technically in the federal zone. Yes, the line moves. I imagine there is some conflict between the feds and the city when that happens as well. Instead of paying property taxes to Rosarito, we would pay Mexico City for the use of the Federal Zone under our house instead. Interesting scenario.