PHILIPSBURG--While pre-construction sales continue for Concord Residence, a towering apartment complex at the top of the hill in Pelican Key, and significant excavations of Cole Bay Hill pave the way for new condominium developments, the Ministry of Public Housing, Spatial Planning, Environment, and Infrastructure (VROMI) released a statement on Monday reiterating the objectives of the Hillside Policy.
The policy, aimed at protecting the island’s green scenery, raises questions about its actual enforcement as large-scale developments continue to appear high up St. Maarten’s green hills.
According to the Ministry of VROMI, “St. Maarten’s lush green hills are an essential part of the island’s identity, contributing to tourism, preventing soil erosion, and mitigating flood risks.”
However, rampant construction and unregulated deforestation have put these natural barriers at risk, leading to environmental degradation and increased threats to public safety.
The Hillside Policy, introduced in 1998, was designed to regulate development in elevated areas, yet the scale and nature of recent hillside projects suggest that compliance is not being uniformly enforced.
The policy, overseen by VROMI, is intended to limit excessive development and maintain the natural aesthetics and stability of Sint Maarten’s hillsides. By restricting construction in high-risk zones, the policy aims to prevent flash floods and soil erosion in lower-lying areas. In theory, these regulations also protect the island’s economy by maintaining its natural charm, which is a major draw for tourists. Yet, as new high-density projects push further into restricted areas, the effectiveness of the policy remains in question.
The Hillside Policy restricts construction between 50 and 200 meters in elevation, applying stricter guidelines as elevation increases. Under the legal framework of Article 22 of the Building and Housing Ordinance, the Minister has the authority to deny building permits if a proposed project poses an environmental or aesthetic nuisance.
The VROMI Ministry claims that “High-density construction is discouraged, with approval granted only if projects meet strict environmental and planning criteria.”
The Hillside Policy outlines clear regulations for development based on elevation and slope steepness. Medium-density residential development is permitted between 50 and 100 meters, with stricter building limitations as the slope increases. Between 100 and 200 meters, only low-density residential development is allowed, with additional restrictions on lot size and building height. Construction is strictly prohibited above 200 meters or on slopes steeper than 40 degrees.
However, despite these explicit limitations, large-scale projects such as the excavation of Cole Bay Hill for the Carbon Grove estate and apartment complexes built on top of hills in Pointe Blanche suggest that exemptions may be granted more frequently than expected, raising concerns about transparency and accountability.
Enforcement of these regulations remains a critical issue. Developers are required to obtain a civil works permit before engaging in activities such as excavation, road construction, and tree removal. However, since the first Mercelina Cabinet took office on May 3, 2024, only five demolition permits have been published in the National Gazette – all of them released too late for affected parties to file objections. Moreover, no permits for beach excavation and excavation of hills, filling of waterways, raising ground levels, or the destruction of green areas have been published.
Pelican Key.
While the civil works permit is intended to prevent reckless alterations to the landscape, reports of unauthorized deforestation and land clearing raise concerns about whether developers are facing sufficient oversight. Non-compliance can lead to penalties, permit denials, or even demolition of unauthorised structures, VROMI stated. However, the extent to which these penalties are enforced remains unclear, particularly as new developments continue to appear in sensitive hillside areas.
One of the most controversial aspects of the Hillside Policy is its exemption clause. Certain land parcels issued before 1998 do not conform to current regulations, allowing developers to request exceptions. While these cases are supposedly reviewed with strict environmental considerations, the ongoing hillside developments suggest that this process may lack transparency.
The government insists that construction above 200 meters and on slopes greater than 40 degrees remains non-negotiable. However, with excavation projects continuing beyond these limits, the policy’s credibility is increasingly being called into question.
While the Hillside Policy is a necessary step toward environmental preservation, the reality of its implementation suggests significant gaps in enforcement. Without stricter penalties, improved oversight, and greater transparency in permit approvals, St. Maarten’s hillsides will continue to be vulnerable to unsustainable development.
Residents and conservationists are calling for stronger measures to protect the island’s natural heritage. As new developments push the boundaries of existing regulations, the government must decide whether to reinforce the Hillside Policy with meaningful action or allow economic interests to overshadow environmental concerns.
