Court Strips State Agency of Power Over Puerto Morelos Condo Project

A federal judge has dealt a second major legal blow to the Alux 33 condominium project in Puerto Morelos, ruling that the state environmental agency never had the authority to approve it in the first place.

Two Strikes, One Project

The Ninth District Court in Quintana Roo granted an amparo, a constitutional protection, to the civil association Defendiendo el Derecho a un Medio Ambiente Sano (DMAS) in case 959/2025G-1. The ruling revokes the environmental permit that Quintana Roo's state Environment and Ecology Department (SEMA) issued for the Alux 33 condo development near the corner of Cozumel Street and Niños Héroes Avenue.

This is the second major legal setback for the project. In June 2026, a judge annulled the municipal construction license after determining that the town government had not properly verified the project's environmental authorization status before issuing it.

How It Got This Far

The developers first filed an environmental impact statement with the federal agency Semarnat, which denied it. Both Semarnat and the National Commission of Protected Natural Areas (Conanp) concluded the project was not viable.

Rather than accept that denial, the developers obtained a state permit from SEMA and used it to get a municipal construction license. The federal judge found that the state permit was issued without legal authority.

The court ruled that SEMA's Directorate of Environmental Impact and Risk "is not legally competent" to issue environmental authorization for a project affecting a coastal wetland ecosystem such as mangrove, because that authority rests with the federal government.

SEMA's Own Records Told a Different Story

Perhaps the most striking detail in this case: SEMA had previously issued a technical opinion that raised concerns about the project's compatibility with environmental rules, yet it later granted a state authorization for the development.

SEMA officials defended the permit by arguing that the site was already degraded and did not contain active mangrove, but the court rejected that rationale and held that federal jurisdiction can still apply to a coastal site even if mangrove is not currently visible there.

Why This Matters Here

Puerto Morelos lies within a fragile coastal ecosystem, and its mangroves are part of a protected area linked to the wetlands and the offshore reef system.

Mangroves filter water, reduce coastal erosion, shelter wildlife, and act as a buffer between land development and the reef. When they are damaged or removed, the entire chain suffers.

A Precedent for the Coast

DMAS says the ruling should prevent SEMA from assuming federal powers and could prompt closer scrutiny of similar permits in coastal or mangrove-adjacent areas. The court ordered SEMA to revoke the permit and issue a new document recognizing that it lacked jurisdiction to grant it.

For Puerto Morelos residents watching development pressure grow along the coast, the ruling is a reminder that the legal framework protecting these ecosystems has teeth, when someone is willing to use it.