The Maritime Zone Law for beach property in Costa Rica

The 1977 Maritime Zone Law (Ley sobre la Zona Marítimo -Terrestre - Ley Numero 6043) regulates the ownership and usage of beach front property in Costa Rica. The law creates two zones along Costa Rica's Pacific and Atlantic coasts. Islands are also subject to this law. The national government owns this "Maritime / Terrestrial" restricted zone and local governments (municipalities) administer it. You measure from the high tide mark inland.

The two zones total a width of 200 meters along the beach:
1. The Public Zone (Zone Publica): a 50 meter wide strip of beach between the high tide line and the outer line of the "Restricted Zone" (Zona Restringida). This beach zone is open to the public. Private possession or occupation of this area is strictly prohibited. However, no one may trespass private property or the restricted zone in order to reach the public zone.
2. The Restricted Zone (Zone Restringida): a 150 meter wide strip of beach from the limit of the Public Zone inland. The law in Costa Rica allows the government to grant leases called concessions for the occupation and use of this area for terms that range from 5 to 20 years. This is the beachfront land that homes or business may use for personal or monetary gain. Certain buildings are allowed in this zone, but these will revert to the municipalities (local Governments) at the termination of the lease, unless the lease is extended.

How the Concessions Work for maritime zone beach property

The National Geographic Institute (Instituto Geográfico Nacional) marks the maritime zone. If the zone is not marked and a development plan has not been drafted and approved, the authorities are unable to grant building permits for development of the area.

The Instituto Costarricense de Turismo (ICT) authorizes leases on the Restricted Zone, but the local Municipal government grants and administers the government concession for possession of land in the maritime zone. The Registry of Concessions in the Public Registry in San José records all concessions. Before a concession can be granted, the particular beach where the property is located must have an approved Zoning Plan (Plan Regulador) in place. Only the actual Concession will clearly define the rights and terms of ownership that the occupant has to the property.

These concessions or leases are granted for five to twenty year terms. Once the concession (lease) has been approved, it is registered in a special Concession Registry in the Public Registry. A yearly fee must be paid to the municipality for the duration of the lease to keep it current. Failure to pay may terminate the lease and result in the loss of any buildings on it. The lessee applies for an extension of the lease concession at the Municipality. Extensions are normally granted with the previous approval of the ICT.