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I was curious as to who or what agency is the equivalent to our EPA. I did some checking around and it looks like it is a federal agency called PROFEPA. That stands for, Procuraduría Federal de Protección al Ambiente and is Mexico’s Federal Agency of Environmental Protection. PROFEPA is an administrative office which has no relationship with the (SEMARNAT) Secretaría de Medio Ambiente y Recursos Naturales / Department of Environment and Natural Resources and it has its own technical and operational autonomy and was created on June 4th of 1992.

The main task of PROFEPA, is to create and enforce the Federal environmental laws of Mexico and therefore help maintain and contribute to a better sustainable development according theses Mexican environmental laws.

PROFEPA it is integrated with other branches and sub-agencies of the Mexican government as follows:

· Subprocuraduría de Recursos Naturales / Environmental Resources Agency

· Subprocuraduría de Auditoría Ambiental / Environmental Inspection Agency

· Subprocuraduría de Inspección Industrial / Environmental Industry Inspection Agency

· Subprocuraduría Jurídica / Legal Agency

· Unidad de Comunicación Social / Social Communication Unit

· Dirección General de Administración / General Administration Office

· Dirección General de Coordinación de Delegaciones / General County Coordination Office

· Dirección General de Estrategia Institucional, Evaluación e Informática / General Institution of Strategy, Evaluation and Information
The Seal of the Republic of MexicoDuties of the Mexican Environmental Protection Agency

The Federal Agency of Environmental Protection as part of its duties and responsibilities are:

I.To watch and evaluate the fulfillment of Mexico’s Federal laws applicable to prevent and control, environmental pollution, restoration of the natural resources, as well as the preservation and protection of the forest resources, wild life, marine colonies, mammals and aquatic species in risk; environmental resources, genetic ecosystems, the terrestrial federal marine zone, beaches and land created (by the lowering of the sea level) and any other marine water resources, any already protected natural areas, as well as any environmental impact or ecological or federal competition and to establish administrative policies for such effect.

II.To receive, investigate, take care or determine and coordinate with the right Mexican authorities, the allegation and any malpractice of the laws applicable to the resources, goods, ecosystems, to which it refers to in the previous fraction.

III. To safeguard the interests of the population and to increase its participation and cooperation in the monitoring and fulfillment of the environmental legal dispositions, as well as to offer you consultants relating to environmental defense and protection, the wild life and the natural resources.

IV. To coordinate the control and application of the environmental laws with other Mexican authorities, as well as each of the states, municipalities, the Federal District within its different sectors.

V.To emit resolutions derived from it’s Federal administrative procedures.

Background of the Environmental Protection Agency of Mexico

The Federal Terrestrial Marine Zone (ZOFEMAT) is a concept base on a recent Mexican legislation in consideration of public powers and Mexico’s National wealth (General Law of National Wealth); nevertheless, it has an old foundation derived from the Roman right, in which the necessity to preserve the shores of the sea for the State, by interests of the national defense.

Administering the concerns of the coastal zones; environmentally and as a private property, by ownership, use of beaches, the Zofemat and the land gained out the sea (TGM), the Federal Environmental Protection Office, through the individual Mexico States Sub offices of Natural Resources and its counties, are responsible to watch, to inspect and verify the fulfillment of the standardization that prevails with these national goods. PROFEPA oversees the legality of the users to the Zofemat area; mainly where tourist activities are developed, services, aqua culture and of any marine industries. In an orderly way they monitor the beaches and inspect the irregular occupations on the Zofemat and TGM, PROFEPA certifies the fulfillment of the requirements and conditions of legal titles that are granted for the use, enjoyed by those taking advantage of these goods for the public dominion of the Federation
High and Low TideWhat is the Beach or ZMFT?

In agreement with the General Law of National Wealth (Art. 119, fraction I), published in the Federation official Newspaper on May 20th of 2004, where coastal beaches exist, the Federal Terrestrial Marine Zone will be constituted by a strip of 20,00 meters in width of mainland, travelable and adjacent to these beaches.

By beach, it is understood (General Law of National Wealth Art. 7, fraction IV), the parts of land that by virtue the tide covers and uncovers, from the limits of highest tide to the annual limits of lowest tides.

The Regulation for the use of the Territorial Sea, Navigable Routes, Beaches, Federal Terrestrial Marine Zone and Land Gained Out the Sea, establishes its 4th article; that concerns coasts without beaches or rocky hills, the Department of Environment and Natural Resources (SEMARNAT)has the responsibility to determine the Federal Terrestrial Marine Zone.

Beach right of way in MexicoAlso considered as part of the Zofemat, the total surface of the cays and reefs; the strip of twenty meters that surrounds any type of water of marine origin, like estuaries, lakes, lagoons or natural marine water deposits connected directly with the sea, as well as the shores of rivers that blend with the sea, up to one hundred meters up the river.

When by natural or artificial causes, lands to the sea have been gained, the limits of the Zofemat will be settled according the new land configuration, in such a way that it will be understood, the land gained to the sea and the surface between the limit of the new Zofemat and the limit of the original one.
Legal Documents that authorize the legal occupation of the Federal Terrestrial Marine Zone:

CONCESSION TITLE: It’s a title provided by SEMARNAT for the use, concession or operation of the Zofemat for exclusive use for a precise amount of time; however it can be extended for a short period.

PERMISSION: Document that provides for SEMARNAT the use of the Zofemat, TGM or any other deposit of marine water, for a specific activity for one year. It is not extendable, but it is possible to re- apply for it again.

AUTHORIZATION: It is the resolution of SEMARNAT to change some of the conditions established in the concession title.

DESTINATION AGREEMENT: SEMARNAT will authorize the use of the Zofemat to any federal, state or municipal public organization and does not have a specific termination date. The property is not transferable and it cannot be used for another activity that is not the authorized one.

DESINTEGRATION OF TGM: It is when the land gained out the sea and is then authorized for sale in benefit to those who requests and fulfills the requirements by Law.

K-Pasa:
The following is for your Information to be taken and used as you wish.
You cannot compare the agencies in Mexico with those in the United States.
They have helped do some things in the past which has been good for the Enviro but let other things go to Hell.

Look at the History of the Loreto Bay Area and the Loreto Bay Debacle. Look at Cabo San Lucas, look at the San Felipe Areas.

Mexico is a much different country than ours. Money and Power and Connections are what drives things in Baja. Watch what happens to Conception Bay in the years to come, Watch Cabo Pulmo. It will depend on the Money and who controls it in Mexico, not the United States.

Bugger Red

And I thought the US had a blotted bureaucracy. Having recenly dealt with both SEMERNAT and PROFEPA, I can say that the former moves with the speed of molassas and the later with the speed of light.

After spending almost a year obtaining all the necessary permits to build our casa on oceanfront land near Loreto, it wasn't 45 minutes after we started grading that PROFEPA showed up both by boat and truck to see what was going on even though we had notified their office a few days before. After some posturing and examining our documents and permits, they finally told us we were OK and could continue with our project. Now a year after starting the project, PROFEPA came by for their "final" inspection and we got their stamp of approval that we had fulfilled all the requirements of the permits. Thank God.

Originally Posted by ncampion

And I thought the US had a blotted bureaucracy. Having recenly dealt with both SEMERNAT and PROFEPA, I can say that the former moves with the speed of molassas and the later with the speed of light.

After spending almost a year obtaining all the necessary permits to build our casa on oceanfront land near Loreto, it wasn't 45 minutes after we started grading that PROFEPA showed up both by boat and truck to see what was going on even though we had notified their office a few days before. After some posturing and examining our documents and permits, they finally told us we were OK and could continue with our project. Now a year after starting the project, PROFEPA came by for their "final" inspection and we got their stamp of approval that we had fulfilled all the requirements of the permits. Thank God.

What do you calculate the extra cost was in connection to PROFEPA ?

Originally Posted by McFez

What do you calculate the extra cost was in connection to PROFEPA ?

cheaper than doing same in California...

will be interesting to see how the new Governor deals with current and upcoming environmental issues...

water is hoped to be at 55% delivery to west-side growers in the valley this coming year... I'm sure you know about "water" fez... and that it's for "fighten" ....

times are tough for all... from any number of exposures to risk...

water still is pretty important... dare I say, more important than a cell phone...

guess ya could talk about, where it is ... and isn't.... I guess

Water water and water. 3 important factors for living in Baja. Our campos was lucky...Salvador had connections in Mexicali and got permits expedited for our camp to connect to the new water main out there on the highway.

Was paying for water.....around $70 USD per truck load :- (


San Felipe got a lot of infrastructures completed before the crunch came.

Originally Posted by McFez

What do you calculate the extra cost was in connection to PROFEPA ?

In very simple terms, PROFEPA doesn't have fees associated with their agency....just fines!!! SEMARNAT is the agency with all the rules & who you have to apply for permits....& there are hefty fees associated with those permits & processes.....PROFEPA is the enforcement agency to SEMARNAT.

Originally Posted by wessongroup

water is hoped to be at 55% delivery to west-side growers in the valley this coming year... I'm sure you know about "water" fez... and that it's for "fighten" ....

Back in the day I did a lot of lab / consulting work for the Nickel family who held a lot of the water rights for the valley. In the process I got to know old George Nickel very well and he once told me that he was a descendant of the famous land baron from the 1800's , George Miller.

Really interesting guy and was a walking history book of the fight for water rights in the San Joaquin Valley......

Originally Posted by McFez

What do you calculate the extra cost was in connection to PROFEPA ?

Total cost for our entire EIS project was close to $8,000 USD. About $3,000 USD went to the private Biologist who conducted and submitted the study, the rest were SEMERNAT fees. Some fees are fixed and some are dependant on the size of the property and the size of the construction/development. Their fee schedule is also posted somewhere on their website.

It is correct that PROFEPA do not charge any fees, they can levy fines for non-compliance. They are the local "environmental cops".

They still playing in the game, and quite well.....

"The purchase brought the Nickel Family LLC a one-time payment of $10 million, plus a guarantee of 10,000 acre-feet a year of imported water from the State Water Project that they can use or sell.

1 AF = 325,851 gallons so that is well over 3 billion gallons per year of taxpayer subsidized water. If they can resell that at market value for $1,000 per acre foot that could net them $10 million per year for doing nothing at all courtesy of the California taxpayers. The Nickel Family, LLC is controlled by James L. Nickel who is a major political donor. His Nickel Family LLC PAC alone doled out $11,700 just by the time of the Primary in 2006."

and the fights go on.....

How Cargill Got It's Water Supply - Topix

I knew a lot of that history from George but it was quite interesting to read it...

Very interesting information.... big government prevails just about everywhere.

Originally Posted by BajaGringo

I knew a lot of that history from George but it was quite interesting to read it...

The entire Central Valley has a very rich history .. water ... gold.. land.. plus joaquin murrieta and Tejon Ranch Company

The Tejon Ranch Company (TRC) has an unfortunate history of opposing condor recovery efforts. TRC has actively opposed the reintroduction of native condors to Tejon Ranch, going so far as to file a lawsuit against the USFWS that sought to block any reintroduction near the ranch, and to deny condors the full Endangered Species Act protection by having condors listed as an “experimental and non-essential population.” Although the condor was not listed as experimental when the lawsuit was settled, release sites near Tejon Ranch were blocked and TRC was promised assistance in obtaining an “incidental take” permit for harming condors. TRC is currently seeking a blanket “incidental take” permit from the USFWS which would allow it to harm, harass, or even kill endangered condors during construction and operation of its proposed major developments. The agency has never granted such a permit for the extremely imperiled condor, and conservation organizations oppose issuing one.

Hope I'm not on the wrong side of the fence... or off topic...

That is weird, seeing how the Tejon Ranch was owned by the Chandler family who also owned the LA Times. Not exactly a neo-conservative bunch...

and that they were instrumental in the first tagging projects from their land... way back in the early 80's ....

was somewhat of a surprise to me also....

Come to think about it, they did sell off a large portion of the ranch back some 10-15 years ago as I recall. Probably the new owners...

Sure wouldn't like to be "their" consultant ... and the purchaser of the site for development....