Published on Wednesday, February 19, 2025
By the A.M. Costa Rica staff

On Tuesday, Costa Rica's Constitutional Chamber ordered an immediate halt to the felling of trees in the biological corridor located in the Tirol community of El Monte District, San Rafael Canton, Heredia Province.

The Constitutional Chamber, or Sala IV, made up of 12 magistrates from the Supreme Court of Justice, issued the ruling after reviewing a case brought by local residents.

They argued that the tree cutting, carried out by the municipality of San Rafael Canton, was causing significant ecological harm to the area. They specifically called for the cessation of the removal of cypress trees, some of which are over a century old, within the designated biological corridor.

The zone also referred to as a green corridor, serves to connect wildlife populations that have been fragmented by residential development. It is designed to help support vulnerable species.

The court's decision cited a violation of Article No.50 of the Political Constitution, which guarantees citizens the right to a healthy and ecologically balanced environment.

The trees in the area are crucial for environmental protection, acting as a natural wind barrier and providing shelter for various wildlife species, including sloths, white-faced capuchin monkeys, coyotes, raccoons, and white-nosed coatis.

In its ruling, the court ordered the municipality to immediately cease all tree-cutting activities.

Additionally, last week the municipality announced plans to request a hearing with the Agrarian Court to review the case further.

The municipality also intends to file an appeal, seeking a new trial process that will include studies to assess the potential risk of retaining the trees. The appeal will also consider statements from residents and environmental groups advocating for the preservation of the biological corridor and the area’s natural and historical value. 

According to the local government, the tree removal is in response to a court order issued by the Agrarian Court following a complaint filed in 2021 by a Polish resident, Tkachenko. The court ruled in her favor, as she claimed the trees, located near her property, posed a safety risk. She requested the removal of the 65 trees. 

Tkachenko, the property owner, asserts that the trees, which stand on the street’s borders, pose a risk to her home, situated on a lower slope. Jorge Santamaría, mayor of San Rafael, explained that the movement of the trees threatens both her property and her safety.

Last week, residents protested the cutting of 65 cypress trees, taking to the streets with banners and demonstrations.

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Could this ruling set a precedent for other environmental cases in Costa Rica? We would like to know your thoughts on this story. Send your comments to news@amcostarica.com