Defining and measuring the Federal Maritime Zone
The Federal Maritime Zone is legally described as the 20 meter wide strip of land that is transitable and next to the beach (playa mar). Let’s break this down to make sure we are clear on what we are talking about:
1. The Federal Maritime Zone is 20 meters wide. There are several types of Federal Zone. This article is only making reference to the Federal MARITIME Zone.
2. It must be transitable land. We will explain what this means further on.
3. It is measured from what the law considers a beach.
First let’s look at where the 20 meters is measured from and what the legal description of beach is. The law describes a beach (or what is called playa mar) as the land that is “covered and uncovered by the tides,” making the high tide mark the upper limit of the beach. For the effects of measuring the 20 meters of the Federal Maritime Zone the law says to use the mean or average high tide mark as the starting point to measure. The problem is that the average high tide is not a fixed point.
Any person that has ever lived on a beach knows that tides vary greatly. Which high tide mark is the average one? To add to this problem we have the fact that the high and low tide lines are greatly dependent on the amount of sand or sediment on the beach. Again we are faced with a starting point that is a moving target. We have dealt with cases where the physical high tide mark in the sand has moved more than 50 meters (over ½ a football field). We have also had cases where the sand disappears due to a storm and the high tide mark has met or encroached into the property line.
Since locating the average high tide mark present certain difficulties, the government now has maps of where they consider they Federal Maritime Zone to be located. These maps are a representation of UTM (Universal Transverse Mercator) coordinates and are available to the public in the offices of SEMARNAT (Ministry of the Environment and Natural Resources). Any surveyor you hire to locate the Federal Maritime Zone next to your property MUST BE USING THESE MAPS AS REFERENCE. If your surveyor does not express UTM coordinates from these maps, he is not doing his job correctly.
These UTM coordinates and maps in MANY CASES ARE EXTREMELY INCORRECT. Yes, I did say incorrect. How bad are some of the mistakes? I have seen cases where the location of the Federal Maritime Zone is a good 100 meters (over a football field) off.
Some authorities will tell you that these UTM coordinates and maps are the official location of the Federal Maritime Zone, but the rules pertaining to these UTM coordinates and maps only categorize them as references to the location of the Federal Maritime Zone. So if you think the maps of the Federal Maritime Zone that correspond to your land are wrong, you have two legal options:
a) Have SEMARNAT send a Verification Unit (group of appointed experts) to your property to verify that the UTM coordinates and maps are right or wrong. At the present time this is not really an option because there are no Verification Units. This was an option created under the law but until Semarnat creates these Verification Units, it really is not an option.
b) File a legal claim that the UTM coordinates and maps are wrong. When you do this you need to have an expert in the field give an opinion as to: 1) How the Federal Maritime Zone is determined based on the law, 2) How it applies to your property and 3) What errors exist in the UTM coordinate and maps of Semarnat. If there is a clearly visible error in the UTM coordinates and maps of Semarnat (and you have competent legal counsel), you will win this action.
Ok, we have gone over what a beach is and the issues of where the 20 meters of the Federal Maritime Zone should start to be measured from. Now we need to look at the other party of the definition of the Federal Maritime Zone and understand what transitable means. We need to remember that the definition of the Federal Maritime Zone says that it is a 20 meter wide strip of transitable land measured from the high tide mark inland. Unfortunately the law did not specifically give us a definition of the word transitable but it did give us some guidelines.
To get the general understanding of what transitable means, we first need to look at how a dictionary defines this word. In accordance with the dictionary of the Real Academia Espanola, transitable is defined as: “a place for which you can pass from one area to another.” In short, an area you can “transit” or move across.
So would a nice sandy beach be considered transitable? Of course it is. We all take walks on the beach. But what about a cliff area or rocky shore – is this considered transitable? The answer is no and this concept is backed up Article 4 of the Rules to the Use and Enjoyment of the Federal Maritime Zone, which states:
“Article 4.- The Federal Maritime Zone will be only determined in areas in which on a horizontal plane the angle of inclination is of 30 degrees or less.”
“In those areas that do not have beaches and where rocky or cliff formation are present, the Secretary (SEMARNAT) will determine the federal maritime land zone within the stretch of land next to the ocean, only when the inclination of such stretch is of 30 degrees or less in a continuous manner…”
Article 4 is pretty clear in stating that there is ONLY a Federal Maritime Zone when the land directly adjacent to the high tide mark has an angle of inclination of LESS THAN 30 DEGREES.
Please take into consideration that this 30 degree rule has only been around since 1991 and is often ignored by those who measure the Federal Maritime Zone. As a matter of fact the rules regarding how to measure the Federal Maritime Zone do not even make reference to the 30 degree rule. When I asked a very senior staff of SEMARNAT why the rules of measuring the Federal Maritime Zone did not mention anything regarding the 30 degree rule, I was told that there is no point in mentioning the 30 degree rule in the regulations for measuring the Federal Maritime Zone because if the land is of a 30 degree angle or more, there is no Federal Maritime Zone and therefore no need to establish a rule on how to measure something that does not exist. Fair enough, but in practice there needs to be some rule are to how the 30 degrees is calculated or not calculated. Right now we are just stuck with the rule that says: “if the angle is over 30 degrees, there is not Federal Maritime Zone.”
For this reason too often the authority argues that the Federal Maritime Zone is 20 meters, without exception – not even recognizing the existence of the 30 degree rule and the exception it creates. The fact of the matter is that the 30 degree rule does exist and must be respected by the authority.
Too often the authorities claim that houses and properties on cliffs are in the Federal Maritime Zone because they are within 20 meters of the high tide mark. In accordance with this 30 degree rule this is NOT THE CASE and is a very defendable argument.
There is talk of the government modifying the 30 degree rule so that this area would still be considered a type of Federal Zone, but as of the date of this article, nothing has changed in Article 4 of the rules above mentioned and the 30 degree rule it establishes.
So to summarize:
1) the Federal Maritime Zone is 20 meters wide.
2) it is measured from the high tide mark (which in itself is a moving target and debatable).
3) in areas where the slope of the land is over 30 degrees, currently there is no Federal Maritime Zone per Article 4 of the rules of the Federal Maritime Zone.
Now that you know how the Maritime Zone is defined, you need to know what you can do with it and who has the rights to use it. Everyone who has ever thought of buying or has bought beachfront property knows how expensive it is. When you invest in that beach front property in Mexico, do not only make sure the title to the land is in order, and you know where your property begins, but also who has the rights or concession to the Federal Maritime Zone (beach) in front of you. Having a taco stand or beach massage parlor go up in your million dollar view hurts and can be avoided by understanding your rights to the Federal Maritime Zone and making sure the property you own has the exclusive rights to this zone.
Following, is a list of some of the most commonly asked questions we get regarding the Federal Maritime Zone.
Please let me know if you have any further questions or comments regarding this article.