BajaNomad

Federal zone (zona federal maritma)

larryC - 1-19-2014 at 08:18 AM

Does anyone have experience with, or know the definition of the federal zone, the 20 meter swath along the coast? I have heard several definitions, one, that it is measured from the highest high tide, or measured from the median high tide, and in my case I have a survey of my property and it shows the federal zone as a straight line between two monuments ( the monuments are 200 meters apart) but common sense would tell you that a straight line between monuments 200 meters apart is going to yield places along the coast that are less than 20 meters wide and others that are more than 20 meters wide. Recently (in the last year or so) tax bills have been issued to property owners here in BoLA that have property along the federal zone and fines are being assessed for federal zone encroachment. Even if there is no encroachment there is a tax for just being adjacent to the federal zone. Something like 14 pesos per meter so in my case it would be 14 x 50 or 700 pesos a year. Not a big deal, but I had just never heard of a tax for being next to the federal zone.
Larry

Hook - 1-19-2014 at 08:29 AM

Isnt it AMAZING all the income that this new administration is going after?

chuckie - 1-19-2014 at 08:41 AM

Gotta make up for lost time!

Russ - 1-19-2014 at 09:09 AM

Nothing but problems when they come to survey the fed zone! Never the same and always followed by PROFEPA and their jack booted thugs. I received 4 citations and it took years to get a settlement. A federal judge in Mexico City threw out all the complaints against me and issued a determination that PROFEPA could not issue any more citations to me with any of the complaints addressed in the previous 4 they issued me. That isn't to say they won't come up with something in the future. The ejido members here sold their lots before they had plotted out their parcels and registered them and done the environmental study. Now each lot has to do that and my estimate for the study was $12,000usd. FOR ONE LOT!:fire:

chuckie - 1-20-2014 at 06:44 AM

And, oh by the way, its flexible....When the river in Mulege washed away part of the bank, the federal zone moved...fancy that!

DianaT - 1-20-2014 at 07:15 AM

Quote:
Originally posted by Russ
Nothing but problems when they come to survey the fed zone! Never the same and always followed by PROFEPA and their jack booted thugs. I received 4 citations and it took years to get a settlement. A federal judge in Mexico City threw out all the complaints against me and issued a determination that PROFEPA could not issue any more citations to me with any of the complaints addressed in the previous 4 they issued me. That isn't to say they won't come up with something in the future. The ejido members here sold their lots before they had plotted out their parcels and registered them and done the environmental study. Now each lot has to do that and my estimate for the study was $12,000usd. FOR ONE LOT!:fire:


So while you won the other cases, you still have to pay for the environmental study? YUK, and of course there is no way to go back on the ejido for this, I imagine. :no:

Floatflyer - 1-20-2014 at 07:34 AM

Profepa is trouble. Back maybe 5-6 yrs ago we had a notice posted on our gate in August when nobody is around. 5 neighbors in somewhat random fashion also had notices. We did not return to Baja till early November.

We were cited for "clearing of native forest" without a permit, and had 2 weeks to respond!! This was sort of strange since our lot had been cleared and built on back in the late 60s or early 70s, well before, I believe, Profepa was created.

As a group we hired an attorney and the case was finally dismissed but after costing us $3,000 USD each, grrrrrrrrrrr.

larryC - 1-20-2014 at 07:40 AM

I know there are lots of horror stories out there, but my question still is: how are the federal zone boundaries established? Does anyone know?

Soulpatch, thanks Abraham is on my list to contact. One of the smartest people I have ever run into.

Russ - 1-20-2014 at 07:55 AM

Sorry to get off track. There is a formula that has to do with the highest tide of the year. I believe it was posted years ago but I couldn't find it. Sorry still no help. In the past here they took the highest debree (Sp) line and went from that. That totally sucked because those lines were from major storms.

Pompano - 1-20-2014 at 10:23 AM

I owned beachfront property for 40 years and paid ..and paid...and paid.

You can apply for a 'concession' if you use and pay the annual tax on property within the Zona Federal. It's not cheap and takes a lot of paperwork. You cannot impede pedestrian traffic in any case. There are also permanent cement markers and other points of reference (benchmarks) that show the legal boundaries of the Federal Zone, which is usually 20 meters back from high tide mark. Some look like little flat-topped pyramids with the metal ID tag on top. Or...the benchmark may have been marked on some permanent, non-movable structure on your property.

Failure to comply or being guilty of an infraction of the Federal Zone can get you some very heavy fines.


Some info on this site pertaining to the Federal Zone.

http://www.bajainsider.com/baja-real-estate/definingmartimez...

As with anything legal-wise in Baja...it's always a crapshoot.

David K - 1-20-2014 at 10:29 AM

Places that are almost surrounded by high tide must have unique ways of dealing with this? Alfonsina's, Bahia Santa Maria, etc. come to mind.

J.P. - 1-20-2014 at 11:12 AM

Quote:
Originally posted by David K
Places that are almost surrounded by high tide must have unique ways of dealing with this? Alfonsina's, Bahia Santa Maria, etc. come to mind.







Not so unique they just Ignore it. :lol::lol:

Success in Securing the Commission Seems to Vary Widely

Gypsy Jan - 1-20-2014 at 11:41 AM

And it also probably depends on how effective the local government interactions are with the federal environmental commission (PROFEPA).

We have the concession for our property; it took some time, some money and few lunches with the local man in charge but we eventually received our notice of the grant of concession from the federal court in Mexico City, DF.

Our neighbor, who owns a very large, special events property, has a concession, also. He built an infinity pool, jacuzzi and a set of stairs to the beach on the edge of the ocean side cliff.

Maybe it helped that the local PROFEPA official was obsessed at the time with going after the La Fonda Hotel and the other commercial businesses in Alisitos (near La Mision valley) for their encroachments into the federal zone.

[Edited on 1-20-2014 by Gypsy Jan]