Towards a Uniform Zoning Plan for Sint Maarten: the proposal and its ramifications.

January 30, 2025

Introduction

On Wednesday, January 22, 2025, the Minister of Public Housing, Spatial Planning, Environment, and Infrastructure (the ‘Minister’), Patrice Gumbs, presented a plan to Parliament to introduce a uniform, country-wide zoning plan (in Dutch: ontwikkelingsplan). The proposal focuses on coastal areas, natural reserves, hillsides and waterbodies aiming to preserve the environment. The Minister stated that the goal is to establish legally binding regulations through a comprehensive zoning plan that protect the natural and ecological resources of Sint Maarten while simultaneously enabling economic growth. The introduction of a zoning plan will, among other things, affect project development and building permit applications.

Uniform zoning plan

Zoning plans contain regulations which stipulate the purpose for which specific grounds may be used (i.e. residential, preservation/nature, industrial), whether construction is allowed and, if so, to what height. A zoning plan enables the Minister to actively pursue an integrated policy on development and preservation. It also provides more clarity on where development can be expected for residents and potential developers.

To date, Sint Maarten does not have such a zoning plan. In the past, draft zoning plans were presented, but these were never formally adopted and therefore never went into effect. To obtain the necessary approvals and/or permits for a development, a master plan for the development had to be submitted to the Minister. Without a legal framework for spatial planning, these master plans were decided upon on a case-by-case basis.

The proposed zoning plan aims to regulate this. It will most likely comprise of a zoning map of the entire country of Sint Maarten and regulations on the purpose (use) of grounds and building restrictions. The Minister plans to implement the initiative for a zoning plan in four phases:

• Internal Preparation: Formulation of draft zoning maps and team setup.
• Public Consultations: Stakeholder engagement to refine drafts based on feedback.
• Legal Process: Public hearings and appeals to finalize the legislative framework.
• Parliamentary Approval: Submission of the final zoning plan to Parliament for ratification.

Within the second and third phase, the public and interested parties shall have the possibility to provide input.

Preparatory resolutions

Currently, the proposed zoning plan is expected to be finalized by the summer of 2026. In anticipation thereof, the Minister will adopt preparatory resolutions (in Dutch: voorbereidingsbesluiten) as to protect key areas and prevent building plans conflicting with the stipulations of the envisaged zoning plan. In principle, this means that building permit applications that are not in line with the proposed zoning plan, will be put on hold. As a preparatory resolution expires if a draft zoning plan is not made available for public review within eighteen months of its enactment[1], the Minister has an evident interest to prepare the draft zoning plan shortly.

Further ramifications

Although the implementation of a zoning plan would typically take away the uncertainty in the field of spatial planning created by the current zoning plan lack, the establishment of such a legal framework may simultaneously limit development opportunities. The zoning plan should embody (and respect) the currently existing and permitted developments, which should also include developments for which a building permit has been obtained, but that not have been built yet. For new developments, it may however create uncertainty as to if and/or how these developments will fit into the zoning plan. In relation to building plans for which a building permit has already been requested but not yet granted, it is deemed advisable to try obtaining the permit without delay (if possible).  Furthermore, stakeholders are encouraged to submit their views during the public consultation phase. A communication from the Minister on the start of the consultation period is awaited.

How can we help?

Spatial planning in Sint Maarten is set to undergo significant changes with the introduction of a uniform national zoning plan. The shift will move from a mainly unregulated situation to a regime where spatial planning is predefined. HBN Law & Tax offers you the expert guidance and support you need regarding issues related to the zoning plan and the proposed preparatory resolutions. Feel free to contact us if you have any further questions.

[1] Article 16, paragraph 6 of the National Ordinance on Spatial Development Planning (AB 2013, GT no. 144).