60 meter rule in buying ocean front property?

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2020

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Can someone help me understand what the so called "60 meter rule" is when it comes to buying raw ocean front land?

I never heard of it and know someone who is interested in buying...
Keep in mind, buying oceanfront land means that you are buying direct access to the ocean without trespassing someone else's dirt.
 
Jan 17, 2009
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The 60 meter rule is to protect the beaches, which are public in this country. Needless to say that it will protect your home from beach erosion.
 

william webster

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60M is the distance from the water to build, not buy.... as I know it.

Need a special permit to obviate this rule.... can be done, but not easy
 
You can build within 60 meters of the ocean you just have to pay off the right Marina people. You are not supposed to by law but it gets done frequently.
I built a wall, pool, casita, garage etc... For structures that were already there like my garage and casita I did not need a "permit" bc I was just renovating but the pool, wall and rocks I did need the "permits".

May work different in different areas of the country, but it was no problem for us.
 

william webster

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My friend got a permit for a house..... then paid another $40k-US during construction to keeps the wolves at bay.

IMO, building within 60M should not be allowed - period !
but that's just me..........
 
Jan 9, 2004
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Can someone help me understand what the so called "60 meter rule" is when it comes to buying raw ocean front land?

I never heard of it and know someone who is interested in buying...
Keep in mind, buying oceanfront land means that you are buying direct access to the ocean without trespassing someone else's dirt.

As I understand it, Law 305-68 establishes a 60 meter maritime zone for oceanfront property. That 60 meters is from the high water (high tide) mark. That property, in the maritime zone, belongs to the people and cannot be bought/sold/built on by anyone except the Dominican state and in the case of building within that zone, by special permit only, issued by the government.....with further building restrictions handled by the Ministry of Tourism.


Respectfully,
Playacaribe2
 

Virgo

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The 60-meter (maritime zone) law (Spanish and English)

The issue of private property and the 60-meter strip of beach land is important. I don't believe the relevant OFFICIAL text has been posted and translated.

Here it is as I understand.

Spanish:

Ley 305 de 30 de abril del 1978.

Art. 1. Se modifica el articulo 49 de la Ley No 1474 - sobre V?as de Comunicaci?n, de fecha 22 de febrero de 1938, modificado ?ltimamente, por la Ley 4733, de fecha 1ro. de agosto de 1957, para que rija del modo siguiente:

"Art. 49. Est? sujeta a la navegaci?n mar?tima, as? como a cualquier otro uso p?blico que fijen los reglamentos del Poder Ejecutivo, la faja de terreno denominada zona mar?tima, o sea la que se halla paralela al mar de sesenta metros de ancho, medidos desde la l?nea a que asciende la pleamar ordinaria hacia la tierra y que abarca, salvo los derechos de propiedad que al presente existan, todas las costas y playas del territorio dominicano. Dicha zona comprende los rios y corrientes, lagunas y lagos navegables y flotables bajo la acci?n de las mareas. La zona maritima forma parte del dominio p?blico, asi como tambi?n la zona de las mareas o sea la faja de tierra que existe entre-la linea de la pleamar y la bajamar”.

Art. 2. --Como consecuencia de la disposici?n anterior se proh?be todo tipo de construcciones, a?n cuando sean de car?cter provisional, en la zona mar?tima, salvo aquellas que excepcionalmente autorice el Poder Ejecutivo para fines tur?sticos y otros de utilidad p?blica.

======================

English


Art. 1. Article 49 of Law No. 1474 on Means of Communication, dated February 22, 1938, as amended most recently by Law 4733, dated August 1st 1957 is modified to read as follows:

"Art. 49. It is subject to maritime navigation, as well as any other public use determined by the regulations of the Executive Branch, the strip of land called maritime zone, that is, the one that is parallel to the sea and sixty meters wide, measured from the line of high tide toward earth and covering – with the exception of property rights which at present exist – all the coasts and beaches of the Dominican territory. Said zone includes the rivers and streams, lagoons and navigable and flotable lakes under the action of the tides. The maritime zone is in the public domain, as well as the tidal area, that is, the strip of land between the high and low tide."

Art. 2. As a result of the above rule, all types of buildings are prohibited in the maritime zone, even if they are provisional, except those exceptionally authorized by the Executive Branch for tourism and other purposes in the public interest.
 
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Derfish

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THanks, but with that in mind what was the guy talking about the other day about someone took that right away from? Did anyone understand that?
Der Fish
 

Virgo

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Notice. A KEY phrase is "– with the exception of property rights which at present exist –".
As I understand it, it means that the 60-meter rule does NOT apply to lands that WERE ALREADY PRIVATE before this law came into effect.

This may explain why some resorts (like Hamaca in Boca Chica) are able to enforce property right all the way to the water line (and perhaps into the water?), while others can't.
Presumably those which can already owned that land before the rule came into effect.

By contrast, the vast majority (totality?) of development in the Punta Cana region arose after this law came into effect (probably in land formerly owned by the state), hence they must (at least nominally) regard the "maritime zone" as public land.
 

Virgo

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I moved this one to Legal.

The Legal or super mods should be merging this yours with this one shortly.

I would suggest that the thread that contains the actual text of the law be kept, and if possible made a sticky thread. It is just to help the next person with a very similar question find it.
 

Conchman

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I believe there are many presidential degrees that make exceptions, and possibly authorizations by the Navy, that legally go around this law. There may also be government issued sea-bed leases (like for marinas, docks, or marine parks) that provide exceptions to the rule.
 

Bronxboy

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I would suggest that the thread that contains the actual text of the law be kept, and if possible made a sticky thread. It is just to help the next person with a very similar question find it.

I will let the mods of the Legal forum decide but thanks for the suggestion.
 

Virgo

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You can build within 60 meters of the ocean you just have to pay off the right Marina people. You are not supposed to by law but it gets done frequently.
You may not need to pay off anyone. As discussed in the thread that has the actual text of the law, there are at least to perfectly legal reasons for constructions to be allowed:
1) the law "grandfathered" property rights that existed before the law came into effect (April 1978). Presumably if someone owned the land before 1978 s/he can sell it to you, and as far as I can see, you would still have private property rights to the edge of the water. Of course you would still need normal building permits as with any other construction.

2) the law explicitly allows the Executive Branch to give a permit for construction within the "maritime zone" for tourism or for other purpose "in the public interest".

See relevant translated text of the law.
 

Virgo

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I believe there are many presidential degrees that make exceptions, and possibly authorizations by the Navy, that legally go around this law. There may also be government issued sea-bed leases (like for marinas, docks, or marine parks) that provide exceptions to the rule.

The text of the law is right there.

1) the law "grandfathered" property rights that existed before the law came into effect (April 1978).

2) the law explicitly allows the Executive Branch to give a permit for construction within the "maritime zone" for tourism or for other purpose "in the public interest".
 

ju10prd

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60M is the distance from the water to build, not buy.... as I know it.

Need a special permit to obviate this rule.... can be done, but not easy

The Dominican Republic has in law a beach 'set back' of 60metres and is one of the few Latin countries that has this requirement limiting development in that zone.

The idea of a set back is there to take into account coastal erosion in extreme conditions and sea level changes. All Caribbean islands have varying set backs and these can vary from one part of the island to another too.

I have been looking at project recently in the islands that has a 40m set back recommended for the beach on which the development is proposed and yet at the very end of the property the set-back changes to 90m. The recommendations are based upon real coastal engineering facts and studies, taking into account historic events, anticipated coastal erosion in an extreme 100 year event and sea level rise expected. In many cases it is incorporated into the Physical Planning Laws of those countries and developers must show the set backs are being adhered to in the development permit submission documents. You build in these zones and you can get your structure demolished.

Equally insurers frown on any suggestion through planning negotiations of reduced set backs and will increase policies significantly if developers go against guidelines and appeal for relaxations of the recommendations.

For more reading on global and regional set backs and reference to the DR set back see attached link.....Cuba is interesting....

http://idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=37305263

They exist for good reason.

Oh, there is a 'grandfather' rule in the islands which does allow development on properties with existing buildings within the 'set back' which were built many years ago.....but you face tougher foundation design to deal with expected coastal impact and higher insurance premiums. Does this type of rule exist in DR?
 

windeguy

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If someone has a house and other structures too close to the water and already built, but just with permission from the local corrupt town government, could they have a problem in the future?
 
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