Costa Rica’s Constitutional Chamber will examine whether some tourism projects allowed on state-owned forest land should continue to be classified as low-impact activities. The case challenges rules covering canopy tours, hanging bridges, observation platforms in trees, rappelling areas, campsites and tourist lodges. These projects can currently be authorized on certain public forest properties located outside national parks and other protected areas.
The challenge was filed by the Asociación Cívica de Hermosa, a community organization based in Playa Hermosa. It argues that the government regulations make it possible to build tourism infrastructure on environmentally sensitive public land without enough legal or scientific support.
The court accepted the case for review on Friday, August 21. It gave the Ministry of Environment and Energy, known as MINAE, and the Attorney General’s Office 15 days to submit their positions. Accepting the case does not mean the court agrees with the organization or has found the rules unconstitutional. It only means the judges believe the questions raised deserve a full review.
The disputed rules remain in effect while the case moves forward. No nationwide suspension of canopy tours, lodges or other tourism operations has been ordered. The disagreement centers on a 2010 government regulation explaining how Article 18 of Costa Rica’s Forestry Law should be applied. That law allows the government to authorize research, environmental education and ecotourism on land belonging to the country’s Natural Heritage.
Natural Heritage land generally includes forests, wetlands and other environmentally important properties owned by the state and managed by the National System of Conservation Areas (SINAC). Some of this land is outside officially designated national parks and wildlife refuges.
The current regulation lists several activities that SINAC can authorize on these properties. They include walking trails, campsites, lookout points, canopy tours, hanging bridges, kayaking, recreational cycling, fishing and tourist lodges. The legal challenge does not target every activity on that list. It focuses on campsites, canopy tours, tree platforms, hanging bridges, rappelling, lodges and a broader category covering other activities considered compatible with the environment.
The association questions whether projects involving platforms, buildings and other structures should automatically fall under the definition of low-impact ecotourism. It argues that the regulation may allow more construction than lawmakers intended when they approved the Forestry Law.
Under the existing system, SINAC can issue permits allowing people, community groups or businesses to use parts of this land. These permits do not give applicants ownership of the property. The government can also cancel them when it believes doing so is necessary to protect the public interest.
Depending on the project, applicants may be required to submit environmental studies, plans for handling waste and estimates of how many visitors the area can safely support. The Constitutional Chamber will review the responses from MINAE and the Attorney General’s Office before deciding whether the disputed parts of the regulation comply with Costa Rica’s Constitution. The court has not announced when it expects to issue a final decision.
