Prosecutors Probe Clearing on Protected Land Beside Montezuma Waterfall

Costa Rican prosecutors and the Judicial Investigation Agency (OIJ) are investigating tree cutting and earthworks on a hillside facing the Montezuma waterfall, one of the best-known natural attractions on the southern Nicoya Peninsula. Inspectors from the National System of Conservation Areas (SINAC) found that trees had been cut, undergrowth stripped and the slope terraced and filled near the Montezuma River and the falls, according to a SINAC technical report dated Sept. 11. The agency said its Cóbano office had no record of any permit for the tree cutting it observed. The report puts the affected area at about 6,564 square meters (70,656 square feet), or roughly 1.6 acres. Of that, 554 square meters (5,963 square feet) is State Natural Heritage land, which is public property under special protection. The rest is private land. Within it, another 827 square meters (8,905 square feet) lies inside the river’s legally protected buffer zone. On one property, inspectors documented a cleared strip 10 to 20 meters (33 to 66 feet) wide and about 70 meters (230 feet) long on steep ground directly facing the waterfall. Neighboring lots showed terraces and surface changes consistent with the use of heavy machinery. The criminal case remains open and SINAC has sent additional information to the Public Prosecutor’s Office unit that handles agrarian and environmental crimes. No one has been charged, and authorities have not publicly identified the property owner or anyone responsible for the work. The case began with a complaint from residents. In a letter dated July 21, the Montezuma Integral Development Association and about 200 neighbors asked SINAC and local authorities whether work carried out on the hillside since 2025 had the required environmental and municipal permits. Several other community and environmental groups from the Cóbano area later joined the complaint. Residents said trucks hauled gravel, fill and stone to the site last year between August and November, with about 200 loads reportedly planned, to build gabion retaining walls and raise the ground. They said the property’s manager reacted with verbal hostility when they asked about the work. According to the complaint, a municipal inspector told residents at the time that the work had permits and caused no environmental damage. That account has not been confirmed by the Cóbano District Council, which did not respond to press inquiries in August. Residents also reported rocks falling onto the riverbank below the retaining walls, near the trail that leads to the waterfall, partly blocking the path. Authorities have not announced any restriction on access to the falls. SINAC first inspected the site on July 2 and it found about one hectare (2.5 acres) of altered land and no one on the property and referred the case to the OIJ. After a second visit on Aug. 12, Nelson Marín, regional director of the Tempisque Conservation Area, said the environmental violations were continuing and announced a halt to the work. SINAC later confirmed it had ordered a precautionary stop on one of the properties. A follow-up inspection on Sept. 8 found no new tree cutting, only soil added to plant grass on an existing terrace. SINAC has said it still needs to establish what the land looked like before the work began and whether its vegetation met the legal definition of forest, which will determine whether an illegal change in land use occurred. The waterfall, reached by a riverside trail from Montezuma village, is a major draw for visitors to the area. The Montezuma River received an ecological Blue Flag award in 2024. Montezuma’s laid-back village and nearby beaches are a frequent stop on Nicoya Peninsula itineraries. Legislator Norjelens Lobo Vargas has requested a certified copy of the conservation area’s case file. Authorities have not said when SINAC’s technical assessment will be completed or when prosecutors will decide whether to file charges.