Underwater, the Cay Bay shoreline is characterised by a complex reef that includes dozens of elkhorn corals (Acropora palmata), a protected and International Union for Conservation of Nature IUCN-listed “Critically Endangered” species.
PHILIPSBURG--The Nature Foundation St. Maarten is deeply concerned about the circumstances surrounding permits for the Vie L’Ven development in Cay Bay, also known as Indigo Bay. The proposed plans are likely to negatively impact protected corals within the bay’s reef and did not undergo a comprehensive environmental evaluation before a building permit was issued in 2023.
“Despite efforts from the current Ministry of Public Housing, Spatial Planning, Environment, and Infrastructure VROMI to retroactively clarify the ambiguous permit conditions, we remain apprehensive about the future of this coral reef,” the Nature Foundation stated on Tuesday. “As a leading non-profit environmental organisation on the island, we call on the Ministry to set a firm and just precedent. We also remind residents that impacted individuals have until March 12 to submit official objection letters.”
In mid-2024, the Nature Foundation met with representatives of Vie L’Ven and its Canadian developer, Altree, to provide advice on sustainability initiatives. “However, we withdrew from further meetings in October after reviewing blueprints for the bay’s marine infrastructure, which we deemed irreconcilable with our mandate to protect the existing reef,” the foundation clarified.
In December, the Nature Foundation submitted a letter of concern to the Ministry of VROMI following social media posts from Vie L’Ven suggesting that the development had been cleared to proceed.
As reported by “The Daily Herald” in February 2025, current Minister of VROMI Patrice Gumbs revealed that the Vie L’Ven building permit had been granted in 2023 under the previous Minister and was reissued in January 2025. This permit implied the construction of a marina and breakwater, as well as the placement of sand on the naturally rocky beach.
Although the Nature Foundation conducted a limited land-based terrestrial rapid assessment in 2021 at the request of the previous Minister of VROMI, the nature conservationists were never asked to evaluate the marine area. “Underwater, the Cay Bay shoreline is characterised by a complex reef that includes dozens of elkhorn corals (Acropora palmata), a protected and (International Union for Conservation of Nature) IUCN-listed “Critically Endangered” species,” Nature foundation stated. “Monitoring since 2024 has found that some resilient specimens have survived the impacts of Hurricane Irma, debris and sand sedimentation, and rising temperatures. This species, which thrives in fast-moving waters, is imminently threatened by infrastructure that reduces wave energy—the very function of a breakwater.”
While the Ministry’s engagement with the Nature Foundation is voluntary, the conservationists expect to be consulted on developments impacting high-profile, sensitive natural ecosystems. “We were surprised to learn that the permit seemed to imply extensive marine works and that no independent environmental impact assessment was ordered before its approval.” they said.
As Minister Gumbs acknowledged in a press conference, the permit was not published in the “National Gazette” when first approved, preventing residents from submitting formal objections. He also noted that not all civil works permits for the development have been approved, though these permits serve as a prerequisite for building permits.
In response to these findings, Minister Gumbs retroactively published the building permit in the February 14 edition of the “National Gazette” for public objections, committed to reevaluating the permissions for adding sand to the beach, and requested that Altree fund an environmental impact assessment.
Nature Foundation questions this decision. “Since the building permit has already been issued, we remain seriously concerned about whether the development can be retroactively held to appropriate legal standards, as well as the integrity of any future environmental impact assessment. Vie L’Ven has continued to publicly advertise the site’s “private yacht dock” and “on-beach water sports” to potential buyers, suggesting that they are not seriously considering an alternative future without their beach, breakwaters, and piers.”
Vie L’Ven is not the first ecologically sensitive development to be approved without public transparency or environmental assessment, but it is one of the most glaring examples in many years, Nature Foundation concluded. “It is unthinkable that such large-scale plans, in an area rich in protected species, were issued a building permit without sufficient environmental safeguards. This disregards the government’s own Nature Policy Plan and commitment to the SPAW (Specially Protected Areas and Wildlife) Protocol. As we have reminded the current Ministry, the government will be obligated to submit a formal request for exemption to the Secretariat of the Cartagena Convention to proceed with the planned works.”
Given the circumstances, the Nature Foundation stated, “we take issue with the “greenwashed” approach Vie L’Ven has adopted publicly, including multiple commitments to environmental stewardship. While we appreciate a few small sustainability aspects of this development, it is astonishing that the reef is being marketed as an amenity for guests to snorkel while simultaneously being threatened by planned infrastructure.”
Additionally, Nature Foundation does not believe this development serves the best interests of St. Maarten’s local economy or community well-being. “This reef supports several artisanal St. Maarten fishermen, who have few other areas in which they can legally catch fish,” the foundation stated. “Community organisations such as St. Maarten Pride Foundation have also voiced concerns regarding beach access and the shrinking availability of undeveloped shoreline, which are concerns we share.”
According to Nature Foundation, the chain of events has again highlighted the desperate need for codified environmental regulations. “The Ministry’s historical engagement with the Nature Foundation has been entirely at its discretion, allowing for scenarios where our small non-profit organisation was bypassed to expedite environmental approvals. Billy Folly, a key biodiversity area, is just one example of a lower-profile site undergoing development without our input. It does not have to be this way.”
The Caribbean Overseas Countries and Territories (OCTs) Resilience, Sustainable Energy and Marine Biodiversity RESEMBID-funded new internal civil works manual provides VROMI with a starting point to address this issue, but more will be needed, the Nature Foundation warned. “We strongly urge the Ministry to approach this matter with extreme thoughtfulness and caution.”
The Vie L’Ven controversy represents more than just the potential destruction of a coral reef, Nature Foundation emphasised, stating “It underscores the government’s potential role in facilitating the destruction of St. Maarten’s remaining natural heritage.”
The Nature Foundation is in the process of submitting a LOB-verzoek, a request based on the National Ordinance allowing Public Access to Government Information – Landsverordening Openbaarheid van Bestuur (LOB) - to obtain all documentation related to this project. Impacted residents are encouraged to do the same and to submit formal objections to the Ministry of VROMI before March 12, 2025. Instructions for the objection procedure can be found at https://naturefoundationsxm.org/permit-objections.
