BajaNomad

"Impact study" report needed

tecatero - 7-9-2014 at 05:23 AM

I am required to get an " impact study" prior to being allowed to build on our land that is in the coastal zone. Heard it can take up to 6 months,,,,,,,,,,?? Anyone been thru this, advice, contacts to get it going or ?? Much appreciated

Russ - 7-9-2014 at 06:16 AM

I really hate this dept and their henchmen!
I purchased a 25 meter extension to my lot and want to put up some kind of wall an a couple small buildings for water storage and a propane tank. away from my home. The cost for the impact study alone..... $12,000 usd! Get Real!:fire:
Good luck with yours. I know Mexicans are not taken advantage of like this. In fact the the ejido member I purchased from had the lot graded with a grading permit of some sort.

tecatero - 7-9-2014 at 06:28 AM

I keep hearing that number of 12000US,,,,holy crap for what ?? Then i hear if I have some weird native plants on it, I have to pay a certified plant specialist to relocate the plant......wtf. I also hear if you builddwithout the study you're subject to $25000 fine ??? this sucks

Russ - 7-9-2014 at 06:58 AM

Yep, all true and anything else they want to come up with. So I'm going to use thorny bushes for a perimeter instead of a wall/fence so I'll be less likely, I hope, to be nailed by PROFEPA. I actually like the idea better. But I guess they could come down on me for moving native plants. Loose/Loose proposition.:fire:

[Edited on 7-9-2014 by Russ]

tecatero - 7-9-2014 at 07:19 AM

PROFEPA names its price or so I hear, some people pay 8000 some 14000,,,,,,lot size doesn't seem to matter, amount of plants,,,,,,etc

impact fees

captkw - 7-9-2014 at 08:27 AM

can we get some "Facts" about this ?? sounds like agenda 21 has come to Baja !!!

David K - 7-9-2014 at 08:29 AM

Just wondering... you guys did know you are in another country and the rules they play by are quite different than the USA, yes?

I do not agree with the Mexican officials who see you as 'rich gringos' with endless flow of cash to have your dream home on a Baja beach, but just wondering if you thought there was either justice or fairness for all down there.

Best of luck with your development! When the Baja highway (Mexico One) was constructed between Colonet and Ciudad Constitucion (1968-1973) literally millions if not billions of plants and forms of life were destroyed as they cleared a huge swath through the desert well beyond the highway width. The old dirt road was eco-friendly and not one massive cardon or boojum tree was bulldozed for it.

AguaDulce - 7-9-2014 at 08:35 AM

I did one for my coastal property along with another report ($) . where are you building ?

BooJumMan - 7-9-2014 at 08:51 AM

Yeah it's a bummer it costs that much.

The environmental impact assessment luckily halted the construction of that massive hotel on Cabo Pulmo.

So its a check and balance really. If they didn't exist, we probably wouldn't have much left of what we love so much about Baja.

BajaGringo - 7-9-2014 at 09:02 AM

My suggestion? Talk to your neighbors (Mexican) and ask for a referral to a local architect/engineer who has experience in "negotiating" an impact study requirement.

I also suggest that you DON'T make a lot of noise about it. The more attention you bring on this, the less likely they will be to "negotiate".

That is what the locals do. Well either that or leave it to negotiate later with the idea of it's better to ask for forgiveness than permission. Typically the fines (if any) that are actually levied are only a fraction of the stated amount. You have to leave your NOB mindset on these matters behind and do business the way the locals do.

It works...

tecatero - 7-9-2014 at 11:01 AM

I have no problem paying the fee, just wanted some insight as to timeframe, costs etc.......heard it takes up to 6 months to get cleared. PROFEPA is doing the right thing, but Im well aware how Mex pricing works

BajaGringo - 7-9-2014 at 11:10 AM

When you are willing to "negotiate", quite often that includes the process being simplified and the time frame being shortened as well. I have seen these things get done in less than 90 days and others that have taken more than 3 years and you won't like the final decision after the long wait to boot.

After banging my head against the wall a few times down here I finally accepted that I was not going to re-invent the wheel.

You choose.



[Edited on 7-9-2014 by BajaGringo]

BajaBlanca - 7-10-2014 at 08:43 AM

Sage advice. Take a deep breath or two. Talk to the neighbors. I don't recommend doing anything without the EIR. It will come back at you one day.

805gregg - 7-11-2014 at 05:55 PM

Think bribe and then more bribes if you want it done

Mexitron - 7-12-2014 at 05:09 AM

Quote:
Originally posted by David K
Just wondering... you guys did know you are in another country and the rules they play by are quite different than the USA, yes?

I do not agree with the Mexican officials who see you as 'rich gringos' with endless flow of cash to have your dream home on a Baja beach, but just wondering if you thought there was either justice or fairness for all down there.

Best of luck with your development! When the Baja highway (Mexico One) was constructed between Colonet and Ciudad Constitucion (1968-1973) literally millions if not billions of plants and forms of life were destroyed as they cleared a huge swath through the desert well beyond the highway width. The old dirt road was eco-friendly and not one massive cardon or boojum tree was bulldozed for it.


They probably could have financed the whole highway if they'd boxed up and sold all the Cardons and Boojums they bulldozed....!

Mexitron - 7-12-2014 at 05:12 AM

tecatero---just out of curiosity, what area of Baja are you building on?

Russ - 7-12-2014 at 06:01 AM

The environmental agencies did not come until around 1984. Most stuff before that were grandfathered in.

Impact study

J.P. - 7-12-2014 at 08:41 AM

Do it the Mexican way. Out where I live the owner opened up a new section and Bulldozed a bunch of lots on the side of the mountain then placed all kinds of junk boat's, car's, old trailers and other debris on the lot's so the people would think the lots had been there for a long time. :lol:

bledito - 7-13-2014 at 07:26 AM

If an area is already populated to some extent and your building inbetween other homes already there if the area is aready considered residential is it still required to have the impact study done?

SFandH - 7-13-2014 at 08:27 AM

Quote:
Originally posted by tecatero
I keep hearing that number of 12000US,,,,holy crap for what ??


For what? That's a good question! Does anybody know what the impact report contains? What are they looking for? $12,000 sounds like way too much money to determine the impact of a single family dwelling on the environment. How many times do they need to "study" that to know.

I'm all for protecting the environment but is any aspect of this legit or is it just another "tax" on the builder?

oladulce - 7-13-2014 at 08:52 AM

Quote:
Originally posted by bledito
If an area is already populated to some extent and your building inbetween other homes already there if the area is aready considered residential is it still required to have the impact study done?


It depends, and having other homes around isn't a reliable indicator of whether you will need one. Some locations such as those in certain municipal zones don't need an EIS even if they abut the Zona Federal on the ocean.

If an area was formerly undeveloped, or rustico it might be zoned as "forestal" which is a federal designation. Prior to any changes on a property (moving dirt, changing plants, or building) each individual lot in this area will need to change the status of the zoning of the property from "forestal" to "urbano". This process is called a "Cambio Uso de Suelo" and SEMARNAT considers it the most important part of the Impact Study.

So even if there are other houses around you, you need to find out if your property is "forestal" especially if it was formerly a rural area . If you're in a development where lots were subdivided, the developer may have already done the Cambio Uso de Suelo.

Martyman - 7-13-2014 at 11:12 AM

Quote:
Originally posted by J.P.
Do it the Mexican way. Out where I live the owner opened up a new section and Bulldozed a bunch of lots on the side of the mountain then placed all kinds of junk boat's, car's, old trailers and other debris on the lot's so the people would think the lots had been there for a long time. :lol:


Genius...LOL

Fernweh - 7-13-2014 at 11:17 AM

Quote:
Originally posted by oladulce
Quote:
Originally posted by bledito
If an area is already populated to some extent and your building inbetween other homes already there if the area is aready considered residential is it still required to have the impact study done?


It depends, and having other homes around isn't a reliable indicator of whether you will need one. Some locations such as those in certain municipal zones don't need an EIS even if they abut the Zona Federal on the ocean.

If an area was formerly undeveloped, or rustico it might be zoned as "forestal" which is a federal designation. Prior to any changes on a property (moving dirt, changing plants, or building) each individual lot in this area will need to change the status of the zoning of the property from "forestal" to "urbano". This process is called a "Cambio Uso de Suelo" and SEMARNAT considers it the most important part of the Impact Study.

So even if there are other houses around you, you need to find out if your property is "forestal" especially if it was formerly a rural area . If you're in a development where lots were subdivided, the developer may have already done the Cambio Uso de Suelo.


Have you seen or read this:

For lots, smaller than 1000sqare meters

Ñ) PLANTACIONES FORESTALES:

I. Plantaciones forestales con fines comerciales en predios cuya superficie sea mayor a 20 hectáreas, las de especies exóticas a un ecosistema determinado y las que tengan como objetivo la producción de celulosa, con excepción de la forestación con fines comerciales con especies nativas del ecosistema de que se trate en terrenos preferentemente forestales, y

II. Reforestación o instalación de viveros con especies exóticas, híbridos o variedades transgénicas.

O) CAMBIOS DE USO DEL SUELO DE ÁREAS FORESTALES, ASÍ COMO EN SELVAS Y ZONAS ÁRIDAS:

I. Cambio de uso del suelo para actividades agropecuarias, acuícolas, de desarrollo inmobiliario, de infraestructura urbana, de vías generales de comunicación o para el establecimiento de instalaciones comerciales, industriales o de servicios en predios con vegetación forestal, con excepción de la construcción de vivienda unifamiliar y del establecimiento de instalaciones comerciales o de servicios en predios menores a 1000 metros cuadrados, cuando su construcción no implique el derribo de arbolado en una superficie mayor a 500 metros cuadrados, o la eliminación o fragmentación del hábitat de ejemplares de flora o fauna sujetos a un régimen de protección especial de conformidad con las normas oficiales mexicanas y otros instrumentos jurídicos aplicables;

II. Cambio de uso del suelo de áreas forestales a cualquier otro uso, con excepción de las actividades agropecuarias de autoconsumo familiar, que se realicen en predios con pendientes inferiores al cinco por ciento, cuando no impliquen la agregación ni el desmonte de más del veinte por ciento de la superficie total y ésta no rebase 2 hectáreas en zonas templadas y 5 en zonas áridas, y

III. Los demás cambios de uso del suelo, en terrenos o áreas con uso de suelo forestal, con excepción de la modificación de suelos agrícolas o pecuarios en forestales, agroforestales o silvopastoriles, mediante la utilización de especies nativas.

Fernweh - 7-13-2014 at 11:22 AM

and here is a Google translation:

O) CHANGES IN LAND USE OF FOREST AREAS AND IN jungles and arid zones:

I. Change of use of land for farming, aquaculture, real estate development, urban infrastructure, the means of communication or for the establishment of commercial, industrial or service on land with forest vegetation, except for single-family housing construction and the establishment of commercial and service facilities in plots smaller than 1000 square meters, where the construction does not involve the felling of trees in an area greater than 500 square meters, or the removal or fragmentation of habitat for flora and fauna specimens subject to special protection regime in accordance with the official Mexican standards and other legal requirements;

II. Changing land use from forest areas to any other use, except for family subsistence farming, carried out on land with slopes less than five percent, it does not involve aggregation or the clearing of more than twenty percent of the total area and it does not exceed 2 hectares in temperate zones and 5 in arid and

III. The other changes in land use on land or areas with forest land use, with the exception of the modification of livestock in agricultural soils or forest, agroforestry or silvopastoral, using native species.

EnsenadaDr - 7-13-2014 at 11:37 AM

Quote:
Originally posted by tecatero
I am required to get an " impact study" prior to being allowed to build on our land that is in the coastal zone. Heard it can take up to 6 months,,,,,,,,,,?? Anyone been thru this, advice, contacts to get it going or ?? Much appreciated
I guess it is the same impact report that the Mexican government filled out to build the toll road from Ensenada:fire: