SAN JOSÉ, Costa Rica — In a historic victory for biodiversity, the Legislative Assembly of Costa Rica unanimously approved File N.° 23.166 in its second debate, formally establishing the Law to Guarantee Wildlife Crossings in Infrastructure.

The legislation adds Article 31 bis to Costa Rica’s Organic Environment Law (Law No. 7554), making ecological connectivity a mandatory legal requirement rather than an optional mitigation measure for public infrastructure projects.

Key Highlights of the New Legislation

Pre-Investment Integration: Wildlife protection measures must be integrated from the earliest planning, budgeting, and pre-investment phases.

Mandatory SETENA & SINAC Review: Developers must conduct biological studies to identify roadkill hotspots, requiring approval from the National System of Conservation Areas (SINAC) and verification by SETENA before receiving environmental viability permits.

Covers Terrestrial & Aquatic Pathways: The law mandates protection for land mammals, amphibians, and aquatic species through underpasses, culverts, canopy bridges, and specialized fencing.

Retroactive Identification: SINAC will have up to 24 months following the release of executive regulations to identify critical crossing points on existing national roads.

A Systemic Response to Heavy Roadkill Tolls

For decades, environmental authorities and conservation groups have documented the devastating impact of road fragmentation on native fauna. Data from the Ministry of Environment and Energy (MINAE) indicates that between 1996 and 2021 alone, an estimated 16,000 wild animals were killed across just 3% of the national road network.

Critical Hotspot Statistics:

• Route 32 (Braulio Carrillo area): Over 786 documented animal deaths since 2015, including sloths, anteaters, and ocelots.
• Route 253 (Comunidad–Papagayo): Estimates suggest thousands of wildlife collisions occur annually along this corridor.
• Other High-Risk Corridors: Route 34 near Carara National Park and Route 140-708 (San Carlos–Bajos del Torcón).

“This law transfers the protection of wildlife from paper to the stage where decisions are actually made: the design of the infrastructure. We are no longer talking about a last-minute corrective measure, but an obligation that must be thought out from the moment a project is just an idea.”

— Marco Quesada, Director of Environmental Law at ECIJA Costa Rica.

What Changes for Developers and Public Agencies?

The law impacts public institutions—such as the Ministry of Public Works and Transport (MOPT) and municipal governments—as well as private contractors and environmental consultants.

+-------------------------------------------------------------------------------+ | INFRASTRUCTURE LIFECYCLE CHANGES | +-------------------------------------------------------------------------------+ | 1. Pre-Investment --> Conduct field studies & map natural animal corridors | | 2. Technical Approval--> Coordinate design specs with SINAC & SETENA | | 3. Construction --> Install targeted underpasses, canopy bridges & nets | | 4. Retrofitting --> Evaluate existing roads during expansion/maintenance | +-------------------------------------------------------------------------------+

Reinforcing Global Leadership in Green Infrastructure

By embedding ecological connectivity directly into environmental law, Costa Rica joins a growing international movement that treats habitat corridors as essential infrastructure alongside roads, power lines, and bridges.

The law now awaits the signature of the Executive Branch and formal publication in La Gaceta to enter into effect, after which executive regulations will define technical design and monitoring protocols.

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