Reading about the Hillside Policy (see related story) was interesting. The general belief exists that it prohibits construction too close to summits, but the content goes much further than that.
It regulates building activities between 50 and 200 metres in elevation. None at all are allowed above 200 metres or on slopes steeper than 40 degrees, which was said to be non-negotiable.
Moreover, only medium density residential development is permitted between 50 and 100 metres, and low-density between 100 and 200 metres. Any high-density construction on hillsides is considered unfavourable.
Building is also restricted within 50 metres below a prominent hilltop or ridge.
Other regulations regard the maximum lot size, number of floors as well as access roads width and slope.
Former Member of Parliament (MP) Claudius “Toontje” Buncamper once criticised the policy because it was never anchored in law, calling it a “toothless tiger” due to lacking sanctions. According to the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI, the legal basis can be found in Article 22 of the Building and Housing Ordinance, which authorises the minister to deny construction permits if projects are deemed a nuisance and hindrance to surroundings.
Still, looking around, one can’t help but wonder to what extent these rules were applied. That’s water under the proverbial bridge, however, and, of course, exemptions for land parcels issued before the policy was introduced in 1998 remain possible.
At the very least, it offers some protection for the green hills that help make the island such a special place to live and visit, until implementation of St. Maarten’s first country-wide zoning plan slated for completion by mid-2026. As usual, strict enforcement is the key.
