An administrative order signed by the nominated Secretary of the Department of Natural and Environmental Resources (DRNA, in Spanish), Waldemar Quiles Pérez, aims to “legally integrate” floating houses in La Parguera, Lajas, by granting concessions to authorize their use on public domain property in the Maritime-Terrestrial Zone (ZMT, in Spanish). However, four environmental lawyers interviewed separately by the Centro de Periodismo Investigativo (CPI) have deemed this order illegal.

Lawyers Miguel Sarriera Román, Verónica González Rodríguez, Pedro Saadé Lloréns, and Jesús M. Morales Irizarry agreed that Administrative Order 2025-01 violates current laws and regulations.

According to attorney Sarriera Román, who represents a group of citizens that sued the DRNA in 2005 for not acting against houses in the ZMT of Playa Buyé, in the Southwest town of Cabo Rojo, Regulation 4860 for the Use, Surveillance, and Conservation of Public Domain Property and the Maritime-Terrestrial Zone establish that for a concession to be granted, the activity must be water-dependent, such as docks and ports.

He explained that private residences in the ZMT do not meet this definition, as they can be built elsewhere, like on solid ground.

Regulation 4860 states that “only activities or facilities that are determined to be water-dependent and, by their nature, cannot be located elsewhere” may occupy the maritime-terrestrial public domain. It clarifies that “housing units and other residential establishments” will be considered by the DRNA as “non-water-dependent uses.”

“They are creating something for an Administrative Order that the law does not allow, and that is completely illegal,” said Sarriera Román. “If they want to do that, they have to amend the [1968 Docks and Ports Act] and amend Regulation [4860].”

The Docks and Ports Act defines the Maritime-Terrestrial Zone. Concessions, or special permits, which have a duration set by the agency itself, are written consent for the long-term use of maritime-terrestrial public domain property by installing or using permanent and irremovable constructions. In early January, the Speaker of the House of Representatives, Carlos Johnny Méndez, submitted a bill to alter the definition of the Maritime-Terrestrial Zone in the Docks and Ports Act.

The seven-page administrative order signed last Thursday, January 8, reads: “At the DRNA, we see it necessary to legally integrate this community of coastal residences with the rest of La Parguera [through Administrative Order] so that short- and long-term benefits translate into the well-being of natural resources as the main tourist attraction of the sector.”

The boat houses in La Parguera, in the Southwest town of Lajas, were initially used as a sort of workshop for fishing gear of the fishers in the area in the 50s. They have been transformed into — sometimes upscale — vacation second homes.

La Parguera, a natural reserve of significant ecological value and international acclaim as one of the world’s few bioluminescent bays, has recently garnered attention due to numerous reports of environmental crimes violating management plans and government directives designed for its protection.

Privatization of Public Assets

Attorney González Rodríguez, litigation coordinator at Ayuda Legal Puerto Rico (Puerto Rico Legal Aid) and former chairwoman of the Environmental Law and Natural Resources Commission of the Puerto Rico Bar Association, said granting concessions under Regulation 4860 aims to “authorize the privatization” of public domain assets illegally.

González Rodríguez explained that Administrative Order 2025-01 illegitimately usurps legislative powers, fails to comply with the agency’s ministerial duty, and procedurally incorrectly “amends” Regulation 4860.

“Regulations are amended with regulations,” said the environmental lawyer. “To amend regulations, public hearings, comments, and citizen participation are required.”

The DRNA press release attempts to explain the purpose of the Administrative Order, which states that it recognizes the acquired rights of the owners of these structures in La Parguera.

However, attorney Saadé Llorens, a professor at the Environmental Clinic of the University of Puerto Rico Law School in Río Piedras, finds that statement contradictory because “there are no acquired rights for public domain assets.”

For González Rodríguez, the provision is merely a way to resolve a historical problem “recklessly.”

The DRNA press release also describes Administrative Order 2025-01 as a “model to follow” for other communities in Puerto Rico, with structures embedded for decades in the ZMT and subject to modifications, sales, and resales.

Two years ago, a CPI investigation revealed that communities like Joyuda and Buyé in Cabo Rojo are in a legally similar position to La Parguera due to the presence of concrete structures in the ZMT for commercial and tourist use, despite being prohibited by law and contrary to the public policy of former Puerto Rico Governor Pedro Pierluisi. Studies have shown that such structures accelerate coastal erosion, one of the most pronounced manifestations of the climate crisis in Puerto Rico..

Environmental lawyers agreed that residents of similar communities could seek equal treatment in court to benefit from Administrative Order 2025-01, although it currently only applies to floating structures in the La Parguera Natural Reserve.

Morales Irizarry, an environmental lawyer and chairman of the Environmental Law and Natural Resources Commission of the Puerto Rico Bar Association, warned that removing floating homes in the La Parguera Natural Reserve would be more challenging after the document’s signing. This action grants them property rights, meaning any future decisions must ensure due process for their owners.

According to the DRNA’s Administrative Order, the Division of Maritime-Terrestrial Public Domain Property “must promulgate for the Secretary’s approval the procedures to address maintenance and repair requests for these structures, which must be agile and straightforward so that owners can obtain the corresponding permits from the Permits Management Office.” In other words, owners can officially process permits through the central Permits Management Office.

Ethical Concerns Over Directive

In addition to questions about its legality, the Administrative Order has sparked public debate over ethical concerns against the nominated secretary, questioning whether it sought to favor the in-laws of Governor Jenniffer González Colón. Irma Llavona Rivera and José Del C. Vargas Cortés own a structure in La Parguera and faced a complaint for allegedly depositing fill and cutting red mangroves to build a boardwalk and terrace without the necessary permits.

The order signed by Quiles Pérez instructs the Office of Examining Officers and Administrative Judges to file cases related to matters established in the order “as they become academic.” However, the Governor stated that she did not believe the order disposing of the complaint against her in-laws because, as she interpreted it, it only resolved the controversy over concessions for the enjoyment of public property but did not address the alleged damage caused to the area’s natural resources.

González Colón denied in a press conference knowing about Administrative Order 2025-01 or having ordered the secretary to sign it. The Governor did not respond to questions sent by the CPI regarding this controversy and the order’s legality. Mariely Padró and Carlos Bermúdez did not respond to multiple messages and calls from the CPI for a response.

Puerto Rico Independence Party (PIP) senators María de Lourdes Santiago and Adrián González have stated that Quiles Pérez’s actions disqualify him for the position. Senators Eliezer Molina (independent) and Joanne Rodríguez Veve (Project Dignity) have also criticized the nominee’s decision. The Popular Democratic Party delegation in the House of Representatives announced they would file an ethics complaint against Quiles Pérez for allegedly seeking a direct benefit for the Governor’s family and filed a joint resolution to nullify the Administrative Order.