PROTECTING OUR
COASTAL DUNES
Dunes, Our Precious Resource
For the past decade, since the enactment of the Program for Urban Development (PDU) in 2012, it has been illegal to build on the Primary and Secondary dunes in the Todos Santos region. The region stretches 30 miles along the coastline from Elias Calle in the south to Agua Blanca in the north.
According to the PDU:
“Dunes represent a protection system for the coastline, as they dissipate and cushion the effects produced by the force of waves. They are considered fragile ecosystems, so construction can only occur inland of the Primary and Secondary dunes.”
When the dunes can “move” they will, but where construction occurs that destroys the dune vegetation, there is nothing to protect against erosion caused by wind and waves. That is why the PDU states “in the dune areas where native grass vegetation is present, no type of permanent construction can be built.”
The Dune Study
In 2021, a concerned group of residents, “Friends of the Dunes,” hired scientific experts to define and substantiate the importance and location of the coastal dunes in the Todos Santos region. The Dune Study identified all the dynamic protected dunes in the Todos Santos region along with the threats they face from illegal construction.
Dune Protection Laws
Protecting Our
Dunes
Federal Laws protects the coastal or barrier dunes that front the shoreline of the Pacific coast of Baja California Sur. In addition to federal law, the PDU does not allow permanent structures to be built on our coastal dunes.
Thanks to the actions of Protect Todos Santos and local residents, illegal construction projects on the dunes have been shut down and been subjected to litigation and regulatory fines and citations.
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The local laws banning construction on the dunes are found on pages 35-38 of the PDU (Ref. #1).
The dunes along the Todos Santos region coastline are protected by law because dunes play a critical role in providing coastal erosion protection and preventing damage caused by flooding to homes. In addition, they function as sand reserves and provide wildlife with a natural biological corridor for movement. Because of these ecological services they provide, construction has been prohibited on the first and second dunes since the PDU was enacted in 2012. In the dune zone, only temporary items may be placed on the dunes. These are limited to umbrellas, chairs, and hammocks. Even the installation of palapas or beams on the dunes is prohibited.
Also, the PDU prohibits motorized vehicles from driving on the dunes because they cause erosion and damage to natural grasses that protect the dunes and leave tire tracks that prevent newly hatched endangered sea turtles from reaching the ocean.
Environmental Management Unit “UGA” 1 Conservation: Beach Zone, Dunes and Wetlands
In Mexico, roughly one-third of the natural protected areas include coastal dunes. There is also a federal permitting system for any activities occurring in the federal maritime zone (the ZOFEMAT). The National Assets Law defines the ZOFEMAT as the area of passable land extending up to 20 meters (65 feet) above the high-tide mark, adjacent to the seashore. The Directorate General of Environmental Impact and Federal Maritime Zone is responsible for overseeing inspection and monitoring of compliance with relevant laws in this zone as well as other areas.
Under the law, coastal dunes in the zone area are NOT suitable for any agricultural, urban, or industrial use. These uses shall not be permitted in any of its forms. Being in our interest and our responsibility for the proper care of our ecological environment, our community will immediately give notice to the Federal Attorney for Environmental Protection (PROFEPA) in the event someone is not complying with the guidelines set forth for the protection and conservation for this geographic area.
In addition, any activity detrimental to the protected area and ecosystems to be conserved is itself an element of crime, committed by the direct performer, or by someone who failed to prevent it and by someone who promotes harmful activity with the purpose of making profits of any kind from it, whether it be individuals or corporations.
The following serves as a legal reference, including but not limited to:
Crimes Against the Environment: Chapter I/ Twenty-Third Title
The Importance of Dunes
The enormous benefits that dunes provide society are often not recognized, and we all need to understand their critical functions in the natural environment. In other words, they protect us so we need to protect them.
Coastal dunes are an ecosystem that gains importance in the age of climate change as sea levels raise and hurricanes become stronger and more frequent. In an area like Todos Santos where hurricanes occur regularly, owning or building a home on a dune simply does not make sense and threatens your neighbors behind the dunes with flooding.
The “Fine” Content of the Sand Makes Them Unsuitable for Building
The Dune Study also determined that the Todos Santos regional coastal dunes are not suitable for building. Based on 37 sand samples, the dunes are characterized by an important deficiency of fine grains and a higher percentage of coarse grains. This results in sands lacking cohesion as they represent a loose sediment in constant movement. As a result, they are easily transported and reworked by the wind, causing instability of pavements resulting in foundation failure, wall cracking and skewing of doors and window frames. (Ref. #3)
BUYERS OF DUNE LOTS BEWARE
Along the Todos Santos coastline there are lots for sale and the sellers claim that building is legal because the dunes are “stabilized”. This is incorrect as these coastal dunes are “dynamic” as evidenced by the native grasses and vegetation and therefore building on them is not allowed.
Anyone buying dune lots for development should be fully aware of the numerous Mexican environmental laws protecting them as well as the PDU’s ban on dune construction.
Contact Us if you see any evidence of future construction on the dunes or see real estate agents showing lots to prospective purchasers, with as much information as possible, including the name of the real estate agent. If you see construction work or lot clearing, please contact us with the name and contact information for the contractor.
If you are looking at a property on the dunes and a real estate agent tells you you can build on the lot, it would be wise to get a second opinion.
Restoration of Dunes
We should also work to restore our dunes. According to the PDU and the Dune Study, it is important to maintain the native vegetation (mostly grasses) by replanting the native vegetation where it is missing. In areas where the dune has been lost because of human disturbance or climate-caused damage, wooden fences or materials such as sand traps, along the beach berm, should be installed to reduce further erosion.
View A Video About The Dune Study
To Protect Our Dunes, We Will:
Promote
Post signs near dune lots stating that “Federal, State, and Local Laws Prohibit Building on Dunes” and direct them to this website for more information. If you live near a dune and would like a sign, please contact us.
Monitor
Establish a dune monitoring and surveillance program where citizens educate people who allow grazing and operate motorized vehicles on the dunes of the necessity to protect the dune vegetation.
Investigate
Have people report to Protect Todos Santos any preliminary building activities on the dunes so we can investigate them and notify the proper authorities. Construction often begins with a chalk outline of the home, installation of water meters, and site grading. Stopping construction before it begins is critical to our success.
Restore
Promote the restoration of the dunes by organizing volunteers to repair damage and replant them with native grasses.
Get Involved
Contact Us
We need your help to protect Todos Santos.
If you observe any violations of the PDU and environmental regulations included on this website, please contact us, and we will investigate your concerns and take appropriate action.
Join Us
We are a group of citizens doing our best to protect our beautiful pueblo. We would love to have your help as we work to fight against illegal development and create more regulation and oversight into our limited natural resources.
Support Us
Your donation will help us stop illegal development, protect our current zoning rules, and fund our efforts to effectively manage our scarce water resources.