PHILIPSBURG--The misclassification of Civil Works permits as Building Permits in the National Gazette continues under the leadership of Minister of Public Housing, Spatial Planning, Environment, and Infrastructure VROMI Patrice Gumbs, who represents Party for Progress (PFP). Despite previous announcements that the publication process would be revised to comply with existing laws and to protect the public’s constitutional right to object, no such changes have been implemented.
During a parliamentary session on Monday, which resumed discussions from the February 24, 2025, public meeting of Parliament regarding the delayed publication of permits and the importance of ensuring legal compliance and procedural transparency, Gumbs repeatedly asserted that the public’s right to object remains intact – even in cases of late publication.
“There is always the possibility, even if the six-week time frame for objections has passed, to go to the courts,” said Gumbs – effectively placing a financial burden on the people of St. Maarten, who must cover court fees and, if needed, attorney’s fees to challenge decisions made without timely public notice.
However, a recent court ruling reinforced the importance of distinguishing between Building Permits and Civil Works permits. In a verdict issued on April 2, 2025, the court upheld a stop order issued by the VROMI Minister on March 11, 2025, against NLGY Development, which had conducted excavation works without securing a Civil Works permit. The company failed to produce the required authorisation under Article 28a of the National Decree for Spatial Development Planning LROP.
The Court stated: “Nowhere in the text of the building permit does it appear that permission is also granted for civil works. On the contrary, the building permit states that the project is also subject to ‘other ordinances that may be applicable thereto.’ Furthermore, the assessment criteria for issuing a building permit and a civil works permit are different, and each has its own grounds for refusal under separate legal frameworks.”
Article 28a was first introduced in 2000 as a temporary provision. It expired in January 2012 – two years after the constitutional transition on 10-10-10 that established Country St. Maarten. However, due to increasing concerns over unregulated development and the risk of undermining spatial planning objectives, the Council of Ministers approved its reinstatement in June 2014. It was submitted to Parliament in January 2016 and, after years of debate, officially reinstated in 2021.
The amendment was codified by the March 8, 2021, National Ordinance amending the LROP. According to this ordinance, Civil Works permits must be made publicly available for inspection at the Government Administration Building for six weeks. The law mandates that this public notice must be announced as prescribed in Article 4(2) of the LROP – specifically, in one or more local newspapers and via official public channels, in both Dutch and English.
The legislative rationale emphasised the importance of preventive oversight during a time when the country is actively working on zoning plans and developmental frameworks. The absence of such oversight, the government stated, “frustrates sound spatial planning” and “creates a legal vacuum.” It also prevents the government from conducting a thorough interest assessment regarding possible nuisances or damages caused by the proposed works.
On August 3, 2020, then-Minister of VROMI Egbert Doran announced that Parliament had unanimously approved the proposal for the reinstatement of Article 28a. The amendment was championed by MPs Raeyhon Peterson, Melissa Gumbs and Rolando Brison, and passed with 14 votes in favour.
The Civil Works permit requirement officially came into force on April 26, 2021. In a press release dated May 13, 2021, Minister Doran clarified: “A civil works permit is not the same as a building permit. If granted, the permit will be published in the National Gazette along with other approved permits. During the public review period of six weeks, persons can object or appeal the decision, as provided in Article 3 of the National Ordinance Administrative Jurisdiction (LAR).”
Despite this legal distinction, both former Minister Doran and current Minister Gumbs have continued the practice of publishing Civil Works permits under the category of Building Permits in the National Gazette. Questions sent by The Daily Herald to the VROMI Ministry concerning this practice remain unanswered.
During Monday’s debate, Minister Gumbs acknowledged that Civil Works Permit applications must be evaluated with public interest in mind. When asked by MPs what steps the ministry was taking to encourage public participation in major development decisions, Gumbs responded: “At this moment, there is much that can be achieved by enhancing the instruments that we currently have.”
He reiterated assurances previously made in October 2024 to increase public awareness through multiple channels, including social media, by referencing the publication of permits in the National Gazette. While he confirmed his commitment to improve outreach, he did not address the underlying issue of misclassification.
The Minister has yet to clarify how Civil Works permits – which fall under the LROP – and Building Permits – which fall under the National Building Ordinance – will be published independently, as required by law.
In contrast, VROMI appears to follow proper procedures for Hindrance Permits, which are listed separately in the National Gazette and published in The Daily Herald for public review, as required under the Hindrance Ordinance.
According to Gumbs, the Ministry has made progress in informing the public about the processes related to development requests and objections. “This helps the general public understand and engage in the process, to voice their concerns and provide suggestions,” he said.
He also indicated plans to engage the community earlier in the permitting process. “Currently under evaluation are 46 Civil Works permits: 22 for infrastructural works, 18 for demolition, five for dredging, and one for excavation.”
Gumbs reported that from 2021 to the present, a total of 504 building permits have been granted. However, MPs have questioned why few Civil Works permits have been issued – both under former Minister Doran and under Gumbs – despite the Minister’s assertion that any construction work involving major ground interventions must be preceded by a Civil Works permit.
Minister Gumbs is expected to return to Parliament to address these concerns in a future session. The date for that meeting has not yet been announced.
