The Administrative Court of the Second Judicial Circuit of San José recently dismissed a lawsuit filed by development company JBR Capital Ventures against the Municipality of Nicoya over construction regulations in the Ostional National Wildlife Refuge.
The refuge, located along the beaches of Ostional, Nosara, Pelada and Guiones in the country’s Guanacaste province, is a protected area and critical nesting ground for various sea turtle species in the Pacific Ocean.
In February 2020, the municipality approved regulations limiting construction within five kilometers inland from the refuge boundaries. The regulations were aimed at protecting the environment and sea turtles by restricting built-up area, building height and light pollution.
JBR Capital Ventures, which owns three properties in the restricted Nosara district, filed a lawsuit in April 2020 challenging the regulations. The company asserted the rules were illegal given the lack of a regulatory plan for Nosara and a general management plan for the refuge from the National System of Conservation Areas (SINAC).
The court dismissed the lawsuit in October, stating the absence of such plans does not prevent municipalities from addressing hazardous environmental situations. Regulating to prioritize environmental interests is a municipal duty, the court said.
Conservation organizations like the Nosara Civic Association and Flora and Fauna Preservationist Association participated in the case to defend the regulations alongside the Municipality of Nicoya. The State and SINAC later joined as interested third parties.
“This is a major win for sea turtle conservation and prudent development in the Ostional Refuge,” said John Sanchez, director of the Nosara Civic Association. “The court’s decision upholds the municipality’s authority to regulate construction and protect this vital habitat and species.”
Environmental advocates praised the ruling for supporting the municipality’s efforts to curb overdevelopment and unrestricted construction, which threatened the refuge’s ecology.
Critics claim the regulations are too restrictive and hinder investment. “We respect the court’s decision, but maintain the regulations go too far,” said a spokesperson for JBR Capital Ventures.
The Ostional Refuge remains a flashpoint for balancing development and conservation along Costa Rica’s northern Pacific coast. However, this judicial ruling lays the legal foundation for municipalities to regulate building in sensitive environmental areas irrespective of regulatory or management plans.
