Urgent need for legislation to protect St. Maarten’s hillsides and beaches

Dear Editor,

Recent developments have once again highlighted the shortcomings of St. Maarten’s Hillside Policy, reinforcing the urgent need for legally binding legislation to protect our natural landscapes. As has been reported in the media, ongoing hillside developments such as the Concord Residence in Pelican Key and extensive excavation on Cole Bay Hill have sparked public outcry, with concerns over deforestation, erosion, and the long-term consequences of unchecked construction. While the VROMI [Public Housing, Urban Planning, Environment and Infrastructure – Ed.] Ministry has defended the policy, it is clear that its guidelines alone are not enough to prevent the degradation of our hillsides. The same can be said for the Beach Policy, which similarly lacks the legal weight to prevent over-development and encroachment on the very coastlines that define our island’s identity.

The Hillside Policy, implemented in 1998, was intended to regulate development in elevated areas, ensuring that construction does not compromise the island’s green spaces, biodiversity, and natural defenses against flooding and landslides. However, without legal enforcement, the policy remains largely advisory, allowing developers to proceed with projects that undermine its very purpose. The policy’s restrictions on high-density construction and its call for environmental consideration are routinely bypassed, as demonstrated by the continued clearing of vegetation and the alteration of slopes for commercial and residential expansion. Without clear penalties or a legal framework mandating compliance, these activities persist, threatening not only the island’s natural beauty but also its resilience to extreme weather events.

Similarly, the Beach Policy fails to provide sufficient protection against the privatization and exploitation of our shores. Beach access for residents continues to be reduced, with new developments pushing further into what should be public coastal spaces. The encroachment on dunes and beach vegetation contributes to erosion, making the coastline more vulnerable to hurricanes and sea-level rise. Yet, without a law to enforce setbacks and ensure sustainable coastal management, our beaches remain at the mercy of unchecked development.

The lack of legally enforceable hillside and beach protections has far-reaching consequences. Deforestation on slopes exacerbates runoff and soil erosion, leading to increased flooding in lower-lying areas. Unregulated coastal development not only depletes marine biodiversity but also limits public access to what should be a shared national resource. These developments often proceed without comprehensive environmental impact assessments, leaving communities vulnerable to disasters and reducing the natural defenses that help buffer St. Maarten against the impacts of climate change.

If St. Maarten is to truly embrace sustainability, it must move beyond non-binding policies and implement laws that prioritize long-term environmental security over short-term economic gain. It is time for parliament to take decisive action and introduce both a Hillside Protection Ordinance and a Beach Protection Ordinance that ensure development does not come at the cost of our island’s natural defenses. Failure to act now will not only result in further environmental degradation but will also undermine the resilience of our communities in the face of climate change. Protecting our hillsides and beaches is not just an environmental issue – it is an urgent necessity for the future of St. Maarten.

Tadzio Bervoets

The Daily Herald

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