Construction within the 60 meters limit

Marilyn said:

I would like to know what are the legal roadblocks I will face if I purchase land that's within the 60 meters threshold from the beach. I want to build a modest beach house on the Barahona coast on some land that I plan to purchase but I have been advised that I need to get approval from Medio Ambiente and/or the Navy in order to be able to build. Is it possible to get these permits or would I be better off not purchasing land so close to the beach? I will not build for business, just for family weekend getaways. Any help will be greatly appreciated.

Thanks

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Why taking a chance? My advice: Stay away from it and look for another lot.
Before buying, consult a well known lawyer or realtor with good reputation.

Lawyer!

A good lawyer may be able to present your case to authorities in a way that you are not building a new house but renovating the old one.

Also you could try to buy some land behind your land which is not in the 60 meter zone.

House out of NAGUA

There is a big new house on the way out of nagua, right by the sea my friend asked the owner how it was built by the sea he was told by the owner, that there was a house there before so he did not have to build beyond the 60 meter zone btw this house was up for sale also there was a lot of erosion on the palm trees ? when will the sea wash it away.

Law 305 of 1968 states the following:

"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 r?os y corrientes, lagunas y lagos navegables o flotables hasta donde se encuentren bajo la acci?n de las mareas. La zona mar?tima forma parte del dominio p?blico, as? como tambi?n la zona de las mareas, o sea la porci?n de tierra que se halla entre la l?nea de pleamar y la bajamar."

?Art. 49.- It will be subject to maritime navigation, as well as to any other public use established by Executive regulation, the strip of land called the ?Maritime Zone,? meaning that which is parallel to the sea, 60 meters wide, measured from the line reached by the normal high tide inland, and comprising, except for those property rights in existence, all the Dominican coast and beaches. Said zone comprises rivers and currents, navigable lagoons and lakes up to the line where they are affected by the tides. The maritime zone is part of the public domain, as well as the zone of the tides, that is, the portion of land found between the high water and low water marks.?

It is interesting to note that the original provision establishing a Maritime Zone was enacted in 1920 by Vice-Admiral Thomas Snowden, Military Governor during the American occupation of 1916 to 1924. The width was originally 5 meters but has been changed over the years reaching the present 60 meters in 1968.

The permit you need is not only from Medio Ambiente or the Navy but a special permit granted by Decree by the President.

In my opinion you can't construct or reconstruct in the 60 m zone, maybe if you have titulo which I doubt.

roks33 said:

In my opinion you can't construct or reconstruct in the 60 m zone, maybe if you have titulo which I doubt.

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Simply having a title makes no difference inside the 60 meter line.

As the house was built over 40 years ago, it may be granfathered as to it's location. You need to determine what constitutes repair versus new construction. It may be possible to do extensive repair using same footprint of the present structure and not need a permit.

Marilyn said:

I would like to know what are the legal roadblocks I will face if I purchase land that's within the 60 meters threshold from the beach. I want to build a modest beach house on the Barahona coast on some land that I plan to purchase but I have been advised that I need to get approval from Medio Ambiente and/or the Navy in order to be able to build. Is it possible to get these permits or would I be better off not purchasing land so close to the beach? I will not build for business, just for family weekend getaways. Any help will be greatly appreciated.

Thanks

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Marilyn,

I also hold title to purchased land within the 60 meters and also in Barahona. However, my rests 30 meters above the mean tide on a cliff, which is called a fanfarronada in spanish and is not considered beachfront but oceanfront.

Marilyn, I suggest that you start a new thread, but this time limit it to the specific question as to whether you can renovate a house that was built at least 40 years ago within the 60 meters. According to the dates in the post from Fabio, the house was built during the time that the restriction was 5 meters, not 30.

I would think with careful planning, you could find a way to renovate and add on rather than tearing the house down and starting over from scratch. For property that close to the water and with the ocean view, it would be worth doing whatever you must to have a place there.

If you start a thread, limit it just to the question about renovating an existing house. If the answer to that question is yes, then in the future you can explore the extent to which renovation can go. But get the basic question answered first.

Since there was no mention made in your first post about the land having belonged to your grandparents and the house they built 40 years ago, I am wondering if Fabio saw it. That information is far more important to your particular situation than what you put in your first post. Fabio's answer was correct for what you put in your first post. He might have, though no guarantee, answered differently if your first post had contained what you put in your second post.

Makes no difference !

All should read again Sr. Guzman's post.

60 meters "inland " is what the law says, unless you have a PRESIDENTAL EXEMPTION for new construction.

Restoring an old house would fall under the provision covering it as a existing structure.

kf

kfrancis said:

All should read again Sr. Guzman's post.

60 meters "inland " is what the law says, unless you have a PRESIDENTAL EXEMPTION.

kf

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Yes, but structures in place before the law was enacted were grand fathered. The question is what constitutes a renovation of said structure which is permitted versus new construction which needs the permit and exemption.

Fabio J. Guzman said:

?Maritime Zone,? meaning that which is parallel to the sea, 60 meters wide, measured from the line reached by the normal high tide inland, and comprising, except for those property rights in existence, all the Dominican coast and beaches

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edit: Your last sentence wasn't there when I posted.

HOWMAR said:

As the house was built over 40 years ago, it may be granfathered as to it's location. You need to determine what constitutes repair versus new construction. It may be possible to do extensive repair using same footprint of the present structure and not need a permit.

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and also exactly how far from the normal high water mark , and when the structure was actually built.....
Howmar: may I assume...that the term being grandfathered is something that is honored in the DR?

Id have to say that from what i have seen many places in Sosua , dont meet the 60 meter test....

I have stayed at a few of them myself!!!

bob

In agreement,

Marliyn's situation if she can show "family rights " to the land and the original house's existence over a fair time period should be in her favor.

kb

laurapasinifan said:

Howmar: may I assume...that the term being grandfathered is something that is honored in the DR?

bob

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What other interpetation would you give to:

salvo los derechos de propiedad que al presente existan

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or

except for those property rights in existence

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other than the law doesn't apply to property rights in existense prior to the law? A legal structure before the law continues to be legal. They may not call it grandfathering, but sounds the same to me.

my point was as i have known it, being grandfathered applied to most changes in land use...not just ONE specific law..in this case the distance from the maritime zone a building could be

so i asked if that philosophy was followed in the DR, not just in this case....

is it prevalent?

bob

Yes, there is grandfathering. No, it isn't common on properties within the meter limits these days because almost all the property that it applies to was snapped up a long time ago.

I know somebody who "renovated" an old house in Samana in 1986-7 and had no trouble with anybody. He maintained part of the old structure and added on, as I recall.

Marilyn said the house was built 40 years ago, long before the change was made from 5 meters to 60 meters. I think she has a very strong case and should have no trouble, unless she tries to replace the old house with some ultra modern structure.

I again recommend that she repost, but this time just ask about the renovation of the 40 year old house of her grandparents. At least then she will have informed input.

in a hurricane, high tide 10 feet higher than normal, 10 foot waves on top of that, i don't want to be on the beach in barahona then and i wouldn't spend much money on a site there. be a great campsite though.................