The recent reform to the Urban Development Law, which grants Governor Víctor Manuel Castro Cosío the power to declare “Zones for Priority or Strategic Development or Use” without requiring municipal approval, has generated alarm and concern among the business sector, professional associations, and civil organizations in Baja California Sur.
Although the law—as of this writing—has not yet been published in the Official Gazette of the State Government (BOGE), various business organizations have warned of risks of discretionary power, undermining legal certainty, and a possible weakening of municipal authority.
The Los Cabos Coordinating Council (CCC), along with the Association of Tourism and Real Estate Developers and the Los Cabos Hotel Association, reiterated their shared social objective of expanding the supply of affordable housing for low-income families. However, they believe the approved reform contains loopholes and ambiguities that could open the door to malpractice.
Since October, the groups have been requesting that the State Congress thoroughly review the initiative and establish technical working groups to guarantee clear and transparent rules. They outlined five essential points to strengthen the legislation: legal safeguards, respect for municipal powers, clarity in the mechanisms for declaring protected areas, mandatory public consultation, and full adherence to current urban plans.
“In its current form, the reform lends itself to discretionary decisions that could damage the confidence of those who invest in Los Cabos and negatively impact the public,” the CCC emphasized.
For its part, the Baja California Sur College of Architects, La Paz Chapter, led by its president Jonathan Flores López, stated that the local Congress ignored the technical and public input by approving the reform without public consultation or incorporating the proposals submitted by specialized organizations.
The professional association described the state executive’s new power to declare development zones without municipal intervention as a “centralist superpower,” warning that this measure violates the municipal autonomy established in Article 115 of the Mexican Constitution and could effectively modify Urban Development Programs.
“We are not against social housing; we are against opacity and unilateral decisions that compromise the state’s mobility, water resources, and sustainability,” the College of Architects stated.
In contrast, the Undersecretary of Legislative and Municipal Liaison, José María Avilés Castro, defended the reform, stating that it is based on the National Housing Program promoted by the President of Mexico, Claudia Sheinbaum Pardo, and seeks to develop land with existing infrastructure to curb uncontrolled urban sprawl.
He clarified that there will be no expropriations and that the designated zones will consist solely of public land or land whose owners voluntarily choose to sell. He also emphasized that the measure will not entail additional costs for the public treasury and will facilitate the production of social housing, particularly in Los Cabos and La Paz.
Business leaders called for “clear rules” before its approval.
While acknowledging the urgent need for social housing in the state, business chambers and civil organizations insisted that the challenge lies in guaranteeing legal certainty, transparent procedures, and effective municipal participation.
The economic sector expressed concern that the reform will move forward without the necessary adjustments to avoid discretionary practices and called for a balanced version that preserves the social objective without affecting the legal security of investments or business confidence. For now, the discussion continues, while the decree remains pending publication in the Official Gazette of the State Government (BOGE).
Source: oem
