Tulum, Mexico – Environmental advocates have sounded the alarm over the construction of a condominium development dangerously close to the turtle nesting area in Xcacel Xcacelito, Tulum. This construction, reportedly carried out by a business group, is alleged to violate multiple legal provisions and proceed without the necessary permits from federal, state, and municipal authorities.
Unpermitted Construction and Density Violations
According to Antonella Vázquez, a member of the organization Right to a Healthy Environment (DMAS), the developers are deceiving authorities and the public. Initially, the developers claimed the project would consist of a seven-story building with 24 apartments to secure approval from the Tulum city council. However, the actual permits obtained were for a five-story building with 16 apartments on a 730-square-meter plot. Despite these discrepancies, the construction underway reflects the initial, larger plan.
Lack of Proper Authorizations
Environmentalists discovered the construction and commercialization activities in November 2023. Despite inquiries, the municipal authorities informed them that no construction permits had been submitted to the Secretariat of Sustainable Urban Development (Sedetus), and no state certificates or Environmental Impact Statements (EIS) had been issued by the Ministry of Environment and Natural Resources.
Legal and Regulatory Breaches
Construction commenced in early 2024, despite multiple demands for the project to halt. In February, activists filed an injunction, and the Federal Environmental Protection Agency (Profepa) subsequently closed the site in March. However, the developers produced a digital construction license that had been illicitly granted by the city council. This license was obtained without the prerequisite EIS, a serious breach of environmental regulations.
Authorities Ignored Legal Orders
Antonella Vázquez accused the municipal government and Profepa of negligence, as they allowed the construction to reach the fourth floor, despite a judge’s order to stop the work. Inspectors reportedly conducted their supervision after working hours, when no workers were present, thus enabling the developers to continue their illegal activities.
Admission of Guilt and Fines
The developers eventually conceded that they proceeded without the necessary EIS and expressed willingness to pay the imposed fine, initially set at 400,000 pesos. This admission underscores the severity of the violations, including the absence of green areas and the proximity to a critical turtle nesting site.
Environmental and Legal Implications
The construction in Xcacel Xcacelito has sparked outrage among environmentalists and local communities, emphasizing the need for stricter enforcement of environmental laws and regulations. The blatant disregard for legal processes and the environmental impact on a protected area highlight systemic issues within the regulatory framework.
The ongoing construction near Xcacel Xcacelito represents a significant threat to the local environment and the integrity of legal processes in Tulum. Environmental advocates continue to demand immediate action from the authorities to halt the project and enforce compliance with environmental laws to protect the delicate ecosystem of the turtle nesting area.
As the situation unfolds, it remains crucial for the relevant authorities to uphold environmental protections and ensure that such breaches are addressed swiftly and effectively to prevent further damage to Tulum’s natural heritage.
