No Private Beaches in Mexico
Tara A. Spears
There are no two sides to this story: foreigners CANNOT OWN THE BEACH as stated in the federal constitution. If the offender-yes, offender, because they are breaking the law- cannot say that they didn’t know that an individual couldn’t own the beach, it’s not believable. 
I googled ‘private beach Mexico’ and more than 6.6 million examples appeared in 5 seconds. Every realtor/ architect/ engineer /building permit clerk will tell you that the beach is a no build zone, guaranteed public access. It is such a universal policy that anyone can learn about this law even if they did not do advance research before buying property. The reality is that the same action is illegal in her country of origin -as well as in 99% of all countries worldwide-negates that excuse. That leaves the motivation to arrogance and greed.
Are the local people being touchy about area beaches? Not at all, defending their land from marauding foreigners has been an ongoing battle for the Mexican people for hundreds of years. The public outcry ignited immediate action by inhabitants- bringing a band to the impromptu party on the alleged private beach in retaliation, as well as informing officials.
For more than three hours, residents and local media outlets demonstrated with norteño music and shouts of “the beaches belong to the people!” according to NotiBanderas and other media. The owners stated that they had permits that entitled them to close the beach access, but the government in all municipalities, is obligated to ensure that these corridors remain open. At the very least the owners face a stiff fine for the violation as well as workers who were onsite without the proper permissions.
It’s nothing new for outsiders to want to claim ownership of the highly desirable ocean frontages. Typically, as in Mexico, the designation of a public or private beach is often determined by the application of a concept based on the mean high tide line. In most coastal states, all land below the mean high tide line belongs to the state, and CITIZENS HAVE THE RIGHT TO UNRESTRICTED ACCESS TO THAT LAND. The Ministry of Environment and Natural Resources reiterates its commitment to upholding the regulatory framework and working to ensure that all Mexicans can enjoy their beaches. Period. No discussion, like it or not, the beaches are open access.
What is ZOFEMAT? The Federal Maritime Terrestrial Zone is the twenty-meter-wide strip of land, passable and adjacent to the beach. To better understand this, one must know that the beach is the land covered and uncovered by the water due to the effect of the tide (Article 7, Section IV of the General Law on National Property).
Likewise, when the coast lacks beaches and features rock formations or cliffs, the Secretariat will determine the federal maritime-terrestrial zone within a 20-meter strip adjacent to the marine coastline, only when the slope of said strip is 30 degrees or less continuously. (Article 4 of the Regulations for the Use and Utilization of… )
According to Tus Buenas Noticias.com, verification of the use, exploitation, and development of ZOFEMAT, maritime beaches, and reclaimed lands, are administered by the Ministry of Environment and Natural Resources (SEMARNAT), as well as the responsibility of PROFEPA to alert. While there are many concerned and dedicated Mexican activists, due to the country’s vast coastline, its rich natural resources, and the importance of its ecosystems, Mexican beaches will always be coveted by foreigners.
The beaches and the federal maritime-terrestrial zone are national assets for common use and are subject to the federal public domain. Therefore, all residents of the Mexican Republic may use them without restrictions other than those established in the laws and administrative regulations, according to the General Law on National Assets. 
This selfish event will have a ripple effect for a long time. The collective anger for the greed and insult is valid. It is good that further infringement is temporarily stopped; hopefully the government agencies will seek the maximum penalties.
The unfortunate downside is that this type of behavior tarnishes all foreigners, the majority who seek residency in Mexico because we value its traditions, love the people, and love its natural beauty. We stand with you to respect your country and values.
