On August 23, 2024, the Mexican Department of Agrarian, Territorial and Urban Development (“SEDATU”), published in the Official Journal of the Federation Official Mexican Standard NOM-006-SEDATU-2024 regarding the classification, characterization and delimitation of areas not suitable for human settlement due to critical risks caused by hydrometeorological, geological threats and those associated with climate change or due to their environmental or cultural value according to the Mexican General Territorial Planning System (the “NOM” ). The NOM entered into force on October 22, 2024.
This new NOM is mandatory throughout Mexico and applies to the elaboration of planning instruments of the General Territorial Planning System, and plans and programs for territorial planning and urban development issued by the different levels of government, whether federal, state or municipal.
For purposes of the NOM, the areas not suitable for human settlements can be classified as follows:
(A) For presenting critical risks, whether (i) geological; (ii) hydrometeorological events; and (iii) associated with climate variability and change.
(B) For having cultural value, which are considered as (i) cultural heritage; (ii) natural heritage; (iii) sacred place and site; or (iv) pilgrimage route.
(C) For their environmental value, such as (i) protected natural areas; (ii) biosphere reserves; (iii) national parks; (iv) natural monuments; (v) protection areas of natural resources; (vi) flora and fauna protection areas; (vii) sanctuaries; (viii) state parks and reserves; (ix) municipal ecological conservation zones; (x) areas voluntarily designated for conservation, and (xi) restoration area.
(D) For having natural, artificial or human-induced elements, which must be regulated due to significant territorial resilience, either (i) due to their influence on the behavior of hydrographic and hydrological basins; (ii) for their potential relationship with geological threats; (iii) for their potential relationship with hydrometeorological threats, or (iv) for their potential relationship with climate change threats.
It is worth noting that the field of application of the NOM corresponds exclusively to primary zoning. This means that the area in question would not be developable, but certain infrastructure could be built on such, as long as a social benefit and contribution to public order is demonstrated, such as the construction of general transportation routes, or health or energy infrastructure.
Compliance with this NOM governing changes in primary land use is essential for the approval of territorial planning and urban development plans and programs in potential risk areas, and for purposes of providing legal certainty to investment projects.
April 21, 2025
