Coastal Privatization: four measures that threaten access to Puerto Rico's beaches

Waves crash against the warm sand. You're wearing a new bathing suit and have a cold drink in hand. It's the “perfect beach day,” until they tell you to remove your chair from the sand because it's private property. This is the effect of four measures that attempt to privatize and facilitate construction in these natural spaces that are meant for the common good.

In Puerto Rico, the maritime-terrestrial zone (ZMT) is public domain land which includes all of the archipelago's coastline (except for the Caribe Hilton Hotel beach, but that's a story for another day). According to the Puerto Rico Dock and Harbor Act (Act 151 of 1968), it extends to “the area of the coasts of Puerto Rico that is bathed by the sea in its ebb and flow, where the tides are noticeable, and the largest waves in storms where the tides are not noticeable”. In other words, the coast must be preserved as a public domain up to the point where waves reach during storms on average.

Any beachfront construction, zoning or land development project requires a 20-meter strip of land from the ZMT for public use, according to the joint permit regulations. Although the 30 meters beyond this zone may be private land, no permanent structure should be erected in this space. Therefore, there should be no permanent structure within the first 50 meters from the ZMT.

However, Puerto Rico House Bill 25 (P.C. 25), authored by House Speaker Carlos “Johnny” Mendez, proposes to change the definition of the ZMT. According to the proposed law, the definition would change to “the area of the Puerto Rican coasts that is bathed by the sea in its ebb and flow, where the greatest horizontal displacement of the astronomical tide reaches during the equinoxes where the tides are noticeable, and the greatest waves in ordinary non-cyclonic storms where the tides are not noticeable.” The amendment seems small, but it could have a gigantic impact across Puerto Rico.

It would essentially change the boundaries of the ZMT as far as tides reach during heavy rains and unnamed storms, but would not take into consideration the force of major events such as when Hurricane Maria washed away San Juan's beach. The bill makes it easier to place buildings closer to the sea by substantially changing the public space on the coast.

However, the ZMT is only one aspect of the maritime-terrestrial public domain, according to Érika Fontánez Torres, professor at the University of Puerto Rico (UPR) School of Law. Although much has been said about where the  waves reach when defining coastal public space, there are other elements—such as the areas where turtles' nest or where coastal dunes end—that should be included in the boundary for a construction project on the coast, explained the professor who teaches Civil Property Law. This is what incited the protests at the Sol y Playa condominium in Rincón, because the shoreline delineation did not include the turtle nesting area.

“If I define the maritime-terrestrial public domain as far as the tide reaches, I am practically de facto privatizing the beach because the beach is not just the rise and fall of waves. The tide goes as far as where you get your feet wet when you walk along the beach, but after the tides there is more [...], that is part of the public domain as well. The delineation is supposed to include that, not only up to the sea line”, said Fontánez Torres citing the 4860 regulation of the Department of Natural and Environmental Resources (DRNA for its Spanish acronym).  

The DRNA's first administrative order in 2025 legalized the houses in La Parguera, Lajas, which are in the public domain zone. The original version of the order archived all complaints against the owners of the houses, but after receiving backlash, it was amended to file them after ensuring that they comply with established DRNA regulations.

Meanwhile, a bill from the administration of Governor Jenniffer González Colón seeks to establish the “Special Tourism Planning Zone of the Houses and Docks on the water and public domain lands of La Parguera”, attempting to put into law what the DRNA order allowed. Although it does not vary much from what is already allegedly happening in the area, the measure gives legal permission to the owners of the houses to do so. In addition, the governor signed an executive order that seeks to expedite the granting of permits for strategic and tourist developments, among others.

“There is a fundamental problem which is to use legislation to legalize an illegal activity. That should not happen and it’s happening here. Also, what the government is doing is taking away an asset that belongs to the people of Puerto Rico” says planner and former vice president of Puerto Rico’s Planning Board, Pedro Cardona Roig, also known as El Urbanista.

Between construction just a few meters from the water—which has increased in recent years—and coastal erosion—which has also increased since Hurricane Maria—Puerto Ricans are losing their beaches.

One of the most recent examples is the construction of a bicycle lane in Rincón, where local environmental activists are protesting and denouncing that it is located in the ZMT.

The possible approval of these bills has generated fear among environmental activists, politicians, scientists and the general public. Experts consulted understand that it could generate a boom in coastal construction, at a time when Puerto Rico is facing the effects of the climate crisis on a daily basis.

“If the bill that is currently under discussion is approved, what will happen is that more construction could spread [...], in areas where it  should not occur. And what will happen is that the climate change impacts that will follow will destroy all of this,” said Dr. Maritza Barreto Orta, director and founder of the Institute for Coastal Research and Planning of Puerto Rico, affiliated to the UPR.

During the previous administration, several bills were introduced to expand the scope of the ZMT and guarantee public access. One of these is the Coastal Law, which sought to expand the ZMT from the average low tide to where high danger waves reach. In 2021, the Committee of Experts and Advisors on Climate Change recommended former governor Pedro Pierluisi approve a moratorium on construction and reconstruction in the coastal zone for three years, while the coastal planning statutes are amended and adjusted to the climate reality of the archipelago.

Barreto Orta proposes another option. “We should move to define a no-construction line,” she said. However, if the government wants to stick to the maritime-terrestrial zone, she suggested that this strip should not be defined based on the ebb and flow of the tides, but “based on the extent of flooding of category three or four hurricanes, and the extent of the wave that goes above the storm surge.”

The Climate Risk Index 2025 study, produced by Germanwatch, found that the archipelago was one of the countries most affected by natural disasters in 2022, and placed it as the sixth most vulnerable country to human-caused climate change.

On March 20, a strong surge caused coastal flooding in Aguadilla. This video was taken by Héctor Varela of Surfrider Puerto Rico and posted by Déborah Martorell.

At a time when the rest of the world is worried about the climate crisis, the government of Puerto Rico is literally giving up land that, in the future, will end up covered with debris or under water.

If you want to continue enjoying your beaches and not see the coasts contaminated with developments, share this article and make it clear to your representative: the beaches are for the people.

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