Urban Renewal Regulations of Costa Rica

The Costa Rican State and local governments have the directive to define and execute policies related to land use planning. In this area, policies should focus on the regulation and promotion of urban settlements and sustainable economic and social activities. This urban renewal regulation is a response to current legislation and to the principles of the social, economic and environmental function of property, and fulfills a series of commitments regarding the implementation of policies for sustainable urban development. The regulation seeks to solve needs in the following areas: risk due to natural hazards, deficiency or absence of parks and communal areas, protection of natural resources and inadequate urban fabric. In the above cases, Nature-Based Solutions represent an optimal approach from a sustainable development perspective to address the above needs. The regulation proposes the rehabilitation, regeneration, remodeling or conservation of urban areas in order to improve the quality of urban life through the use of the previous and improvement of public spaces and environmental protection. It includes pedestrianization of space, universal accessibility, protection of natural resources, rescue of the urban landscape and of the architectural and intangible historical heritage, use of alternative energies, prioritization of public transportation, variation of population density in urban centers, or other factors that promote urban renewal. The purpose of this instrument is to provide local governments that lack relevant regulations with a specific regulation on the subject of urban renewal. The instrument is based on the Urban Planning Law 4240 of November 15, 1968, in the Organic Law of the Environment 7554 of October 4, 1995.

Overview

Type of instrument:

Legislative, regulatory and strategic instruments›Urban planning mechanisms

Challenges addressed

Ecologic connectivity
Soil quality
Water management (e.g. reuse)
Green space management (e.g. accessibility)
Flood risk: pluvial and fluvial / soil permeability
Landslide risk
Air quality
Social cohesion
Social equity
Nature appropriation / stewardship
Reconnection to the biosphere / environmental education
Human health, comfort and well-being

Consideration of nature-based solutions:

This instrument guides local governments to identify, conserve and improve urban areas. In the city, the provision of green spaces and their conservation is a priority according to the instrument. It is the obligation of the municipalities to offer quality green spaces to the citizens with the participation of public, private, municipal or mixed actors in the planning.

Targeted (peri-)urban areas:

Parks and (semi)natural urban green areas

Blue areas

Green areas for water management

External building greens

Urban green space connected to grey infrastructure

Good practice characteristics:

Effective

Multifunctional NBS support

Sustainable in the long-term

Locally appropriate

Potential to be replicated / upscaled

Innovative

Governance

Government body/bodies

Initiating body:

National Institute of Housing and Urbanism (INVU)

Instrument design:

Details about how the instrument was designed:

The INVU, as an autonomous institution in charge of land use planning in Costa Rica, enacted the first national urban renewal regulation in 2017 through a participatory and public consultation process. The instrument was approved by the Dirección de Mejora Regulatoria del Minisiterio de Economía Insdustria y comercio (Regulatory Improvement Directorate of the Ministry of Economy, Industry and Commerce) for the simplification of procedures.

Involvement of non-governmental actors:

Public sector institution (e.g. school or hospital)

Private sector, corporate, business

Type of actor involvement:

Expert task force consultation

Instrument implementation:

Type of involvement:

The organization, management and development of the territory is the power and mandate of the local government; however, in case of not having their own instruments (cantonal) in urban renovation, they must apply this regulation to ensure a sustainable development of their territories. However, private or mixed entities can propose urban renovation projects; the execution is carried out by the proposing entity with the technical and constructive supervision in accordance with article 169 of the Political Constitution of Costa Rica.

Targeted actors:

Public sector institution (e.g. school or hospital)

Private: household, real estate developer, business , financial

Financing

Sources of funding:

Public regional budget

Corporate investment

Funds provided by non-governmental organization

Private Foundation

Budget:

Unknown

Details about instrument financing:

The financing will depend on the specific work and the management of the proposing entity. Additionally, local governments may establish a new tax called "special contribution" to invest in public works and urban improvements that benefit the community. These funds must be used only to finance public works. In this case it is necessary to comply with the norms established in the Municipal Code and the Code of Tax Norms and Procedures.

Monitoring, evaluation and impacts

Is a monitoring framework in place?:

Yes

The application of the instrument is monitored by INVU through a unit that advises and supervises local governments.

Did an evaluation take place?:

Achieved outcomes and impacts:

This is an innovative regulation at the national level. It has had a local impact so that municipalities can restore urban environments by applying nature-based solutions to make cities greener, more resilient and accessible. Local governments have used the various tools described in the Regulation to make urban renewal and improve the quality of life of the population, biodiversity and access to green spaces. As an example, the Municipality of Montes de Oca, located within the María Aguilar Interurban Biological Corridor, renovated the Los Yoses Boulevard as a strategy to mitigate climate change, provide the community with functional public green space, eliminate the risk to pedestrians from diseased flora, generate connectivity with neighboring river ecosystems, and improve the well-being and health of the population.

Success factors and lessons learned:

Although it is true that the Urban Planning Law dates back to 1968, it was not until 2017 that the country's first Urban Renewal Regulation came into force. This means that this is a recent instrument and there are still many sites that could be improved with this instrument. Not all municipalities are aware of this instrument and therefore do not apply it. It is necessary to continue with the training processes on the instrument carried out by INVU to ensure greater coverage in the application of the instrument.

Sources and further information

References

List of references:

INVU ( 1968) Ley de Planificación Urbana : Ley 4240 del 15 de Nov de 1968 published in semestre 2 Tomo 2 Pag. 740 Available at : 1 http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_norma.aspx?param1=NRM&nValor1=1&nValor2=35669&nValor3=0&strTipM=FN (Accessed on June 29, 2022) INVU (2017) Reglamento de laRenovación Urbana 6259 del 1 de Junio 2017 Published in La Gaceta 103 of June 1, 2017. Available at: http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84171&nValor3=108492&strTipM=TC Accessed on June 29, 2022. Legislative Assembly (1998) Municipal Code Law 7794 of April 30, 1998 Published in La Gaceta 94 of May 18, 1998 Available at: http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?nValor1=1&nValor2=40197 Accessed June 29, 2022

Interview(s):

Erika Calderón Jimenez. INVU General Management Lawyer

Photos

S, Richmond 2021