Built Without an Environmental Permit (MIA) in Mexico? What Can and Cannot Be Fixed
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Two permits are often confused. The building permit comes from the municipality; the environmental impact authorization (requested with an MIA) comes from SEMARNAT and is enforced by PROFEPA. Fixing the municipal permit does not fix the environmental one.
How existing construction gets regularized
SEMARNAT authorizes; PROFEPA inspects and sanctions. When work that needed authorization was done without it, PROFEPA orders corrective measures plus fines (EIA Regulation, arts. 57-58). In practice those measures often include filing an MIA with SEMARNAT for the operation and maintenance of what was built (published examples in Mahahual, Tulum and Punta Allen). SEMARNAT may approve, condition or deny it; with serious damage such as filled mangroves, the margin is much smaller.
What PROFEPA can order
- Temporary closure (clausura) when there is risk of serious damage; it must tell you what to do and by when to lift it (LGEEPA, arts. 170 and 170 Bis).
- Fines of 30 to 50,000 times the UMA, depending on severity, finances, repeat offenses and intent (arts. 171 and 173).
- Permanent closure if corrective measures are not met. Filling or damaging mangroves is a federal crime (Federal Criminal Code, art. 420 Bis).
What you can do
- Respond and submit evidence within 15 days of the inspection (art. 167).
- Propose alternative measures within 5 days of notice (regulation, art. 58), or agree on repair or compensation with PROFEPA (art. 168).
- Appeal the ruling within 15 business days (art. 176). For unbuilt work, get the authorization before continuing.
Frequently asked questions
Can a building without an MIA be legalized?
The fine stays, but PROFEPA often orders, as a corrective measure, an MIA for the operation of what was built; SEMARNAT may approve, condition or deny it (EIA Regulation, arts. 57-58).