Costa Rica’s First Chamber of the Supreme Court has upheld construction regulations for the buffer zone around the Ostional National Wildlife Refuge, reinforcing local rules meant to protect sea turtles, aquifers and wildlife corridors in one of Guanacaste’s fastest-growing coastal communities.
In Resolution No. 000725-F-S1-2026, issued on June 4, the court rejected an appeal filed by JBR Capital Ventures S.R.L. against the Municipality of Nicoya. The decision confirms a previous ruling by the Administrative and Civil Tax Court, which had upheld the municipality’s Temporary Regulation for the Issuance of Construction Permits in the buffer zone of the Ostional National Wildlife Refuge.
The ruling is significant for Nosara, Playa Guiones and Playa Pelada, where real estate growth has brought steady pressure on water resources, coastal habitat and the refuge’s surrounding ecosystems. Ostional is internationally known for the mass nesting of olive ridley sea turtles, and the refuge’s protected area is closely tied to the beaches and natural corridors that give Nosara much of its environmental and tourism value.
JBR Capital Ventures had sought to annul the municipal regulation, arguing that it affected property rights on three parcels of land within the Proyecto Americano development in Nosara. The company also argued that the Municipality of Nicoya lacked the authority to issue the rules because Nosara does not have an approved local zoning plan and because Costa Rica’s National System of Conservation Areas, known as SINAC, had not issued a management plan for the area.
The court rejected those arguments. It affirmed that municipalities have authority and responsibility to adopt environmental protections when sensitive ecosystems and protected species may be at risk, even when a full zoning plan or management plan has not yet been approved.
The regulation applies to new construction on properties within a buffer zone extending five kilometers inland from the external boundary of the Ostional refuge. That area includes high-demand coastal communities such as Playa Guiones and Playa Pelada, where development has expanded quickly in recent years.
Among the central provisions is a limit on building coverage. New projects may cover no more than 50% of a lot’s total area. Supporters say that limit helps rainwater filter into the soil, preserves groundwater recharge, maintains space for wastewater treatment systems and keeps wildlife corridors from being fragmented by dense construction.
The rules also set height limits. Buildings in direct-impact areas, including the first kilometer after the refuge and slopes visible from the beach, may not exceed nine meters. In indirect-impact areas farther inland, the limit is 12 meters. Exterior lighting is also regulated. New projects must use low-intensity outdoor lighting that is not directly visible from the beach. The purpose is to reduce light pollution that can interfere with nesting turtles, hatchlings and nocturnal wildlife.
The regulation also requires new construction to include wastewater treatment systems and bars informal or improvised septic systems. That provision is aimed at reducing the risk of contamination in the aquifers that supply water to the Nosara community.
The Nosara Civic Association welcomed the ruling, calling it a milestone for sustainable development. The organization said the regulations were developed with community participation and are intended to guide future investment without sacrificing the natural resources that support local life and the area’s economy.
“This resolution represents much more than the conclusion of a judicial process,” said NCA representative Marco Villegas. “Nosara demonstrates that development and conservation do not have to be in conflict.” The association also urged the Municipality of Nicoya to strictly enforce the rules and strengthen oversight of new construction projects throughout the region.
For property owners and developers, the ruling does not ban construction in the buffer zone. It does, however, confirm that future projects must meet stricter environmental conditions tied to water, lighting, building size and wastewater management.
For Nosara, the decision closes a long legal fight over whether the municipality could impose temporary rules while broader planning instruments remain unfinished. The court’s answer is now clear: local governments may act to protect environmentally sensitive areas when the risks are serious enough.
The next test will be enforcement. The ruling gives the Municipality of Nicoya stronger legal ground, but the practical impact will depend on how consistently officials review permits, inspect projects and apply the rules in a community where construction demand remains high.
