CORALations, Inc.

Comments Municipal Code 15 NOV 2022 1 of 7

Thank you for the opportunity to provide comments. Spanish translation pending.
Contributed are a few points we hope to make the municipal code more enforceable. The main
takeaways include:

• Culebra is a municipality unique in Puerto Rico given its area of public lands
(shoreline, wetlands, boulder forests, ephemeral rivers and streams, and beaches)
ecological integrity, stated public policy to protect ecological integrity, and the municipal
authority created by PR Law 66, 1975 as amended.

• Today's economic incentive to privatize beaches, tax incentives attracting

shoreline developers, and lessons-learned regarding the blocking of historic beach access
roads point to the opportunity this code presents to prevent future conflicts by including
more focused attention toward protecting Culebra's historic beach access roads in this code.

• Definitions of wetlands should include verbal descriptions of ephemeral streams,

salt flats, rivers, and Culebra's unique boulder forest habitat.

• Sea Grant University College Program has offered in the past to help the
municipality of Culebra produce an official map that includes historic beach access roads,
given what has threatened beach access roads in the past has been disputes focussed on
where the historic access roads pass.

• such a map would also be a valuable addendum to illustrate the location of listed
historic buildings, public wetlands, and the delimitations of the various zones (urban,
touristic, etc...) referenced in this draft.

CORALations is an award-winning coral reef conservation organization founded in

Puerto Rico in 1995, and located on the island of Culebra since 1999. Culebra is a unique
Puerto Rico island municipality, surrounded by public shoreline, and empowered by Puerto Rico
Law 66, 1975 (as amended) with the authority to protect its valuable shared resources for
Culebrenses and future generations of the people of Puerto Rico.

This municipal code presents an opportunity for the people of Culebra in that, unlike
any municipality in Puerto Rico, Culebra has the authority to protect the public’s shared coastal
resources where their co-management agencies, the Department of Natural and Environmental
Resources and US Army Corps of Engineers have largely been failing to prosecute violations of
public trust laws that in some cases have led to blatant privatization and development of these
valuable lands.

This code also has the potential to define Culebra’s interests as a "party" destination
vs. a nature tourism destination. Defined as a nature tourism destination, Culebra more closely
respects its defined public policy and reflects the traditional values established by the local
Culebrense community. Party tourism destinations are more challenging and expensive to
manage and present increased burdens to law enforcement, emergency response providers,
and trash management at a time when Culebra's dump is severely compromised. Party tourism
also brings serious social impacts to local communities from alcohol and drug abuse problems
to child trafficking. (Hernandez et. al. 2012) This should be of greatest concern for traditionally
underserved communities like Culebra that do not qualify based on their population size for
community drug and alcohol rehabilitation programs typically established in larger communities.

PO Box 750 Culebra, PR 00775 coralations@[Link]

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After removing the Navy, Culebra’s economy was restored by slow-growth guest house
tourism development. For decades the island enjoyed a repeat, nature-tourism visitor, attracted
by some of the same quality of life attributes valued by the local community. These visitors
came to experience the more laid-back small island lifestyle, peace and quiet, beautiful
beaches, unique local culture, amazing views, clean coastal water, Caribbean wildlife, and fresh
seafood. These visitors would return year after year, for weeks at a time, spending tourism
dollars at multiple shops and restaurants, even becoming engaged in local school and NGO
fundraisers.

Salt flat and mangrove wetlands, spectacular beaches, and the island’s unique
ephemeral river habitat known as Culebra’s boulder forests, all fall within the shared resources
the island municipality has the authority to protect through Law 66, 1975 (as amended). North
shore beaches were federally designated as critical nesting habitat for endangered sea turtles,
and coastal waters are federally designated as critical habitat for sea turtles, corals, and sea
grass. Municipal management is further challenged by years of use of the island as a target by
US and NATO forces which have left some shorelines littered with hazardous unexploded
ordnance (UXO.)

All of Culebra except for lands managed by the USFWS, are federally listed as coastal
zone through the Culebra Segment of Puerto Rico’s Coastal Zone Management Plan. Coastal
zone defines those areas that, if adversely impacted, have the potential to result in impacts to
shared coastal lands and waters. In the past, this brought federal funds to govern ACDEC, that
have since been illegally captured by lawmakers in Puerto Rico. The other opportunity for
ACDEC funding has been the implementation of a law ratified years ago, Puerto Rico Law 293,
2004, the law to create permanent funding for ACDEC.

All management plans developed for Culebra are guided by the stated public policy
established by Culebra by Law 66, 1975 (as amended) and should be stated in any plans or
policies identified by or for this municipality:

Article 2. Public Policy and Legislative Intent. (21 LPRA Sec. 890a)

It is declared that it is the public policy of the Government of Puerto Rico to preserve
and conserve the ecological integrity of Culebra, including its keys, islands and
surrounding waters, and to ensure that the continuous development of Culebra protects
and conserves, to the maximum, its extraordinary natural environment that is part of
Puerto Rico's heritage.

Article 2 also references PR Law 161, 2009, that then referenced Culebra's Plan de
Ordinación Territorial (POT) as well as zoning changes illegally ratified by then Governor
Fortuño, Senator McClintock and appointed (not-elected) mayor of Culebra, Ricky Cepedo in
2012. This was illegally moved in December of 2012, during a change of administration and
just after these officials had been voted out of office. This involved zoning changes without an
opportunity for meaningful public participation or Puerto Rico Planning Board coastal zone
consistency certification.

Dissuading Arbitrary Enforcement and Addressing Social Justice Concerns

Unlike other municipalities, Culebra has no judge(s) so all cited would have to travel to
the big island of Puerto Rico for a hearing. A concern was raised on social media regarding the
possibility of arbitrary enforcement. This could be minimized by offering those cited a public,

PO Box 750 Culebra, PR 00775 coralations@[Link]

CORALations, Inc. Comments Municipal Code 15 NOV 2022 3 of 7

administrative hearing on the island, increasing transparency that may dissuade retaliatory or
personally motivated enforcement actions. The small cost of the local hearing could be passed
on to the defendant if he/she loses the appeal, and vice-versa if they win.

Section 3.01 and/or 3.28 - Propose adding specific protections for public beach access
roads.

Justification: The municipality of Culebra faces unique challenges in that there is a significant
economic incentive to privatize beaches accomplished by blocking historic public beach access
roads. While legal protections for these roads already exist under the Puerto Rico Constitution,
Puerto Rico Ley 66, 1975 (as amended), The Culebra Segment of the Coastal Zone
Management Plan, and the Municipal Ordinance #17 – Serie 2006-2007, beaches have been
essentially privatized by coastal property owners challenging where the historic access roads
have passed. Recommended is a clear definition of the blocking as an incident with reference
to time (i.e. block per hour, or block per day) and it is proposed that the fine associated with
each incident is made more significant, so as not to be considered a cost of doing the business
of privatizing shoreline by a wealthy coastal land owner.

While the community is well informed of their rights of access to beaches, beaches
have been privatized on Culebra by shoreline owners confusing or challenging where the
historic access roads pass. The access roads that survive are typically those that have been
sustainably constructed with respect to the area's topography.

Culebra’s beach access municipal ordinance limits the impacts to coastal waters and
reefs by reducing the width of dirt access roads to accommodate 4 x 4 traffic. Given how
Culebra farmlands were segregated around watering holes, many beach access roads today
followed those property borders resulting in unsustainable dirt roads that passed through the
centers of powerful watersheds, perpendicular to the beaches. Roads were constructed along
the boundaries of the two-dimensional planning maps, often passing directly through the centers
of powerful watersheds and irrespective of the topography of the land. Dirt roads not
constructed with respect to the topographical landscape of these shores, (i.e. the area of Las
Vacas/Mosquito) require frequent and aggressive heavy equipment maintenance due to chronic
erosion that impacts coastal waters and wetlands, coral reefs, and related habitats. (Rogers
2022)

Where the topography of the land presents roads that pose impacts to shoreline
beaches, and wetlands, as in Playa Manzanilla and Playa Brava, this code could define and
designate “wilderness beach.” A wilderness beach designation could include protected public
access including nature trails maintained in partnership with local resource managers like the
Culebra National Wildlife Refuge and other NGOs. Wilderness beach destinations could limit
municipal liability by emphasizing that visitors assume all risks to those beach destinations.
Visitors could be advised there are no facilities at these locations, with car and tourism
companies encouraged to promote Playa Flamenco where there are facilities and more
possibilities for income for locals.

Sea Grant University College Program has generously offered to create a map of
where historic beach access roads exist on Culebra, to protect public beaches. As a part of the
development of this code, these public historic beach access roads and/or trails can be
identified, and officially mapped to reduce conflicts in courts and ensure the protection of these
beaches and their historic access roads for future generations.

PO Box 750 Culebra, PR 00775 coralations@[Link]

CORALations, Inc. Comments Municipal Code 15 NOV 2022 4 of 7

Similarly, the University may also be able to include on the map the delimitations of
any zones referenced in this draft, (urban, touristic, etc…) as well as historic buildings.
(SECTION 3.17)

Due to fire risks, impacts to nesting sea turtles, and potential encounters with
unexploded ordnance (UXO,) it is recommended that this code restrict and fine camping and
campfires outside of the Playa Flamenco campground area, unless the camping is a
demonstration protected by the right of free expression.

This plan could formally adopt and defer to the RNCLP management plan for those
beaches found inside the Reserva Natural, Canal de Luis Peña.

Article 3.01 – possible amendment based on information above:

Se prohíbe obstruir el tránsito vehicular y peatonal en vías públicas, aceras, entradas

a propiedad pública o privada [vías públicas de acceso a playas y humedales costeros].

Section 3.05 - Prohibition of clogging storm sewers

Comments: The municipality may want to consider the requirement for a NPDES certified
storm-water inspector/ bonded contractor depending on the severity of the clog, with costs to
violator.

Section 3.06 — Prohibition of making illegal connections to the sewer system Some
shoreline guest houses dispose or have valves that can continue to allow for illegal disposal into
the bay. In some cases this is due to failures of the vacuum sewer system backing up in their
guest houses from system clogs. Guest houses could be required to post educational
information to visitors regarding limits to what can be flushed on Culebra.

Article 3.10- proposed changes:

Prohibition of depositing, [storing or resale of ] remnants, concrete residues, cement mix,

asphalt, [recycled asphalt ]and construction debris in public or private places, [or in
stormwater runoff areas and/ or public conduits.]

Justification: The local community of Culebra dedicatedly demonstrates support for victims of
cancer. Environmental risk of storage, use or reuse of asphalt includes the release of
bioaccumulative, persistent, toxic heavy metals (cadmium, chromium, copper, nickel, lead and
zinc) as well as organic compounds such as polycyclic aromatic hydrocarbons (PAHs) into soil,
and coastal waters. (Azizian et al. 2003; Brantley & Townsend, 1999; Chen et al. 2013;
Kayhanian e t. al, 2009; Legret et al. 2005; Liu & Borst, 2018) Toxins have been documented
from asphalt sealed by heat and or unsealed recycled materials (Bernot et al, 2011)).
Bioaccumulation has been found adjacent to parking lots (Boving et al. 2008) and in agricultural
soil within 50m from highway edges (Kibblewhite, 2018). In the past, the CNWR prohibited the
use of asphalt pavement in or near refuge lands for these reasons.

Article 3.11 - Prohibition of carrying out illegal constructions

Comment: by definition, all "illegal" construction should be actionable by the municipal

agency.

PO Box 750 Culebra, PR 00775 coralations@[Link]

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As written it is possible that Article 3.11 could authorize the privatization of public lands,
beaches, parking, shorelines, look-out parking areas, campsites, etc… for permanent and
private use, irrespective of the need for public service the privatization provides the
community with one permission letter from a local authority.

The main impacts to public roads include impacts from non-trailered trackscavators and
spillover cement when trucks transport full cement loads up steep hills not yet addressed.

Article 3.13 proposes is the inclusion of public shoreline wetlands in listed areas prohibiting
private boat parking and storage.

Article 3.15 y 3.16 – recommended that these be combined, and proposes adding ephemeral
rivers, streams, boulder forests, and all wetlands and/or bodies of water. Violations could be
classified according to the length of time of infraction (i.e. per violation per day or per hour.

Section 3.17 – Alteration or Destruction of Structures with Historical Value

To facilitate enforcement, it would be helpful if this document could provide a list of currently
protected buildings on Culebra.

Section 3.28 — Prohibition of closure without authorization of streets, paths, and alleys
owned by the Municipality.

See comments on 3.01 and comments related to beach access road closures.

Article 4.01 –

Historically, much of the illegal and unsustainable construction works on Culebra have moved
over weekends and holidays. In most areas of the world, construction and deforestation are
strictly regulated activities. In the past, the DRNA of Puerto Rico limited the issuance of
deforestation, earth moving and construction permits to workdays only. Also limited were the
hours of operation. This code presents a great opportunity for Culebra to protect itself as a
nature tourism destination and protect the peace of local islanders and visitors by restoring
limits for deforestation, earthmoving and construction practices, and not exempting construction
practices from noise violations as proposed.

Impacts that may bear consideration for regulation include fireworks and gunfire.

Culebra is unique also in that motor vehicles that can contribute to noise violations that impact
public health and the environment include boat motors. Many municipalities have learned that
to prosecute noise violations from motor vehicles they have to implement quantifiable limits of
sound in relation to distance.

Recommended verbiage: No person shall operate or cause to be operated any motor vehicle
whether duly licensed or registered, in such a manner that the sound level emitted therefrom
exceeds eighty (80) dB(A) either:(1)At a distance of twenty-five (25) feet or more from the path
of the vehicle when operated on a public street, sidewalk, bay or canal, or in a public park,

PO Box 750 Culebra, PR 00775 coralations@[Link]




CORALations, Inc. Comments Municipal Code 15 NOV 2022 6 of 7

shore or other public place; or(2)At or beyond the property line when operated on private
property.

Violations could include fine per incident as defined by hour or day, and/or vehicle confiscation.

Article 4.03 -

Propose including shoreline red mangroves into public trees protected for services provided that
include fish nursery, stormwater flood mitigation and shoreline armoring against impacts of a
rapidly changing climate including stronger and more frequent storms, and rising sea level.
Currently, these shoreline wetlands are being impacted by public works and private interests
modifying this habitat and destroying the ecological services mangroves provide, critical to the
people of Culebra. The shoreline mangroves are to the Culebra what levees are to the people
of New Orleans if levees could manage stormwater runoff, expand the the shoreline and
produce fish.

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REFERENCES

Azizian MF, Nelson PO, Thayumanavan P & Williamson KJ (2003) Environmental impact of
highway construction and repair materials on surface and ground waters: Case study: crumb
rubber asphalt concrete. Waste Management, 23(8), 719–728.

Bernot MJ, Calkins M, Bernot RJ & Hunt M (2011) The Influence of Different Urban Pavements
on Water Chemistry. Road Materials and Pavement Design, 12(1), 159–176.

Boving TB, Stolt MH, Augenstern J & Brosnan B (2008) Potential for localized groundwater
contamination in a porous pavement parking lot setting in Rhode Island. Environmental
Geology, 55(3), 571–582.

Brantley AS & Townsend TG (1999) Leaching of pollutants from reclaimed asphalt

pavement. Environmental Engineering Science, 16(2), 105–116.

Chen J, Tinjum JM & Edil TB (2013) Leaching of Alkaline Substances and Heavy Metals from
Recycled Concrete Aggregate Used as Unbound Base Course. Transportation Research
Record, 2349(1), 81–90.

Hernandez-Delgado, Edwin A., Carlos E. Ramos-Scharrón2, Carmen R. Guerrero-Pérez3,

Mary Ann Lucking4, Ricardo Laureano5, Pablo A. Méndez-Lázaro6 and Joel O. Meléndez-
Díaz 'Long-Term Impacts of Non-Sustainable Tourism and Urban Development in Small
Tropical Islands Coastal Habitats in a Changing Climate: Lessons Learned from Puerto Rico'
1,3,4,5,6,7Puerto Rico 2USA 357-398 Visions for Global Tourism Industry – Creating and
Sustaining Competitive Strategies ISBN 978-953-51-0520-6 Hard cover, 478 pages Publisher
In Tech Published online 18, April, 2012 Published in print edition April, 2012

Kayhanian M, Vichare A, Green PG & Harvey J (2009) Leachability of dissolved chromium in

asphalt and concrete surfacing materials. Journal of Environmental Management, 90(11), 3574–
3580.

PO Box 750 Culebra, PR 00775 coralations@[Link]

CORALations, Inc. Comments Municipal Code 15 NOV 2022 7 of 7

Legret M, Odie L, Demare D & Jullien A (2005) Leaching of heavy metals and polycyclic
aromatic hydrocarbons from reclaimed asphalt pavement. Water Research, 39(15), 3675–
3685.

Liu JY & Borst M (2018) Performances of metal concentrations from three permeable pavement
infiltrates. Water Research, 136, 41–53.

Kibblewhite MG (2018) Contamination of agricultural soil by urban and peri-urban highways:

An overlooked priority? Environmental Pollution, 242, 1331–1336.

Rogers, Caroline S., and Carlos E. Ramos-Scharrón.(2001) “Assessing Effects of Sediment

Delivery to Coral Reefs: A Caribbean Watershed Perspective.” Frontiers, Review Article 1 Jan.
2001, [Link]/articles/10.3389/fmars.2021.773968/full.

PO Box 750 Culebra, PR 00775 coralations@[Link]