Court Rules to Protect the Natural Preservation Zone

Court Rules to Protect the Natural Preservation Zone

By Jesús Aguado

Changes made by the city council to the Urban and Ecological Territorial Plan (PMDUOET) has left the Charco del Ingenio Preserve and adjacent zones unprotected. Rodrigo Treviño, spokesperson for the Observatorio Cuidadano, and Mario Hernández, Director of Los Charcos, told Atención that this change could open the door to developments like Capilla de Piedra, or worse.

Treviño and Hernández said that a lawsuit was filed by these two nonprofit organizations against the changes in the plan published in the State Official Paper? The court ruled that it is the city council’s duty to maintain the territorial integrity of the preservation zone made up of 392 hectares of land (close to 650 acres).

Hernández and Treviño claim, “in 2017 an initiative (without following the regulations) from then Mayor Ricardo Villarreal allowed several lots to be taken from the protected area and given to developments. The changes in the PMDUOET were added to the final project in 2019.”

The judge ruled that the plan should give importance to the human right to a healthy environment as part of the policies for public development, since the protection of the environment and natural resources are a social trust, especially for the citizens of San Miguel de Allende.

For that reason, the court ruled to halt the modifications made by the San Miguel City Council in the zone “in order to prevent irreversible damages to social interests, as well as preventing an environmental impact that could damage the rights of the general population.”

The court also stated that if the city council grants conditional use of land, it puts at risk the territorial and ecosystem preservation zone. It urged the city to make the necessary changes to the plan for environmental preservation.

Conditioned Permits

Armando Rivera Salas, director of the Municipal Institute of Planning, declared that the zone is intact, but made it clear the if the city council grants conditional permits for developing the area, they ought to respect the information—included—of the Units of Environmental Managing?