Owner questions environmental ministry's intervention on Maimón River construction

Nelson Batista Ángeles, whose construction near the Maimón River in Juan Adrián, Monseñor Nouel, was intervened by the Ministry of Environment, has challenged the authorities' actions. Batista asserted that he had obtained necessary authorizations for the construction work on the land he acquired approximately three years ago.

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I had obtained a certificate from the Ministry of Environment for land movement and leveling, in addition to authorizations attributed to the town hall and other local bodies to develop the work.

He stated that he received a certificate from the Ministry of Environment for land movement and leveling, along with permits from the local council and other regional bodies to proceed with the development. However, the Ministry maintains that the permit for one of the intervened constructions was a "Certificate of Minimum Impact Registration" solely for cleaning and leveling. This authorization, they argue, did not permit building construction and strictly required adherence to the 30-meter protection zone of the Maimón River.

According to the Ministry, subsequent inspections revealed a two-level structure where three of its six vertices encroached upon the legally established river protection strip. Batista contested this, claiming the building's conditions did not warrant demolition. He cited measurements from the project's architect indicating a column on a terrace was about 29 meters from the river, and another approximately 27 meters away. These distances, he argued, were close to the 30-meter limit, and he also noted the river's lower elevation relative to the villa's location.

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The file corresponding to one of the intervened buildings only records a Certificate of Minimum Impact Registration for land cleaning and leveling, an authorization that, according to the institution, did not include the construction of a building and expressly required respecting the 30 meters of protection of the Maimón River.

Batista further questioned the intervention process, noting the villa was in an advanced construction stage and he had invested over ten million pesos. He claimed he was not present during the operation and that municipal authorities arrived later. He also alleged the absence of a prosecutor during the procedure and questioned why he wasn't presented with justifying documentation at the time. Batista suggested that prior disagreements with another local landowner and "particular and political interests" might be behind the intervention.

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One of the columns of a terrace was about 29 meters and another approximately 27 meters from the river, according to the measurements that were informed to me by the architect of the project.

The Ministry of Environment countered Batista's claims regarding prior warnings, stating that their records document previous work stoppages. They asserted that work had continued despite these halts. The Ministry indicated that actions at the site date back to August.

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The intervention occurred when the villa was in an advanced stage of construction and I had invested more than ten million pesos in the project.