|  ElCiudadano.cl |  Noticias

El Ciudadano

Original article: Polémica en Hualpén por centro comercial en humedal Chimalfe 

A proposed shopping center project located in the Chimalfe Wetland has raised significant concerns within the community, particularly due to allegations of negligence by the municipal works department in Hualpén.

It is important to note that the Chimalfe wetland (formerly known as Vasco da Gama) was declared protected under Law 21,202 in 2024. Consequently, residents of the area have reported that the Municipal Works Department (DOM) approved the project despite it being part of a protected ecosystem.

Residents allege that the DOM may have made an administrative error by failing to consider a traffic mitigation report from the developer within the required timeframe. This oversight could lead to potential legal actions against the municipality and even hefty fines if permits are not granted.

Miguel Rivera, the mayor of Hualpén, stated that the matter was temporarily excluded from council discussions to conduct a more thorough study, incorporating legal and environmental backgrounds before making a decision.

Although the municipality decided to postpone the decision regarding the project, on April 10, the community submitted the documentation to the Comptroller’s Office aiming to halt the construction of the proposed infrastructure.

Community leaders hold the DOM directly responsible and oppose any negotiations involving intervention in the wetland. They have also raised concerns about a lack of transparency, environmental risks, and potential impacts on nearby areas, including flooding and sinkholes.

According to informed sources, the conflict stemmed from an error made by the DOM, which reportedly failed to promptly notify the developer about the expiration of its permit. This miscommunication sparked discussions between the developer and the municipality to explore a legal settlement, amid warnings about possible economic costs for the municipal administration. The situation eventually reached the city council, where a proposal lacking comprehensive technical and environmental backgrounds was presented, prompting questions and the withdrawal of the item by some council members.

Allegations of Extrajudicial Agreement and Lack of Information in the Council

In an interview with El Ciudadano, Matías Rifo, a councilor in Hualpén, stated that one irregularity detected upon reviewing the project was the existence of an extrajudicial agreement between the municipality and the Valmar company.

“This agreement stipulates that through this transaction, the municipal council could grant a construction permit for a large shopping center in the Vasco da Gama wetland,” he added.

However, Rifo pointed out that at no point was the Environmental Directorate informed about this process, and upon consulting their professionals, they indicated potential significant economic risks for the municipality in case of litigation.

“The root of this problem lies in negligence on the part of the Municipal Works Department, which failed to timely notify the company about its expired permits. Moreover, this project does not possess an Environmental Qualification Resolution, and the Works Department did not seek technical environmental support, leaving it without adequate technical foundation,” the councilor warned.

Rifo expressed his complete disagreement and explained that he was the one who raised the alarm both in the municipal council and among civil organizations, arguing that the vote was progressing with limited dissemination and transparency.

For the councilor, the approval of such a transaction, without a thorough understanding of the project details, represents a significant risk. “Especially when we are being asked to participate in a decision that falls outside the municipal council’s jurisdiction, such as granting construction permits,” he noted.

He also explained that the project is located in an area that floods every year, which not only impacts the quality of life of its residents but also causes direct damage to their homes.

Rifo stated that the Comptroller should review the process and issue legal reports that would prevent such situations from recurring, both in Hualpén and in other parts of the country.

As a consequence of the above, the councilor, together with residents neighboring the wetland, community unions, and socio-environmental organizations, approached the Comptroller’s Office to formally request a legal report to scrutinize this extrajudicial transaction and the involved administrative act.

“We now face an urban wetland that is in danger due to deficiencies in the management of the Works Department. This issue has been ongoing for about a year and was never timely communicated to the council, raising serious concerns regarding the functioning of the Legal Directorate, considering the significance and sensitivity of this case,” he concluded.

Project in Protected Wetland Revives Debate Over Environmental Requirements

One of the most pressing issues regarding the case is that the initiative would be situated in an urban wetland protected by Law 21,202, a regulation that recognizes these ecosystems and ensures their safeguarding from interventions. Under this framework, projects of this magnitude must be submitted to the Environmental Impact Assessment System (SEIA), as they may generate significant environmental impacts.

However, as pointed out by the stakeholders involved, the project lacks an Environmental Qualification Resolution (RCA), raising questions about the legality of its processing.

High Environmental Value and Biodiversity in Areas Threatened by Urban Expansion

The Chimalfe wetland is a remnant of the ancient wetlands that once existed in Greater Concepción, originally connected to a branch of the Biobío River that reached Concepción Bay. Urban expansion has reduced and fragmented this ecosystem, yet it remains crucial for the city’s environmental balance.

Despite the pressure, it retains a high ecological and social value, housing over 60 species of birds, alongside amphibians, reptiles, and mammals like the coypu. It also hosts significant native species and aquatic vegetation that filters contaminants and serves as habitat. Furthermore, it helps regulate flooding, capture carbon, and maintain ecological connectivity.

Due to its high ecological value and the rich diversity of flora and fauna it supports, combined with potential housing issues that could be exacerbated by the construction project, residents categorically reject its execution, as well as any further interventions in an area that should be protected.

It is worth noting that the project includes over 200 commercial spaces and around 1,000 parking spots, which would involve altering between 35% and more than 50% of the wetland.

New Threats and Lack of Solutions Deepen Community Concerns

As previously mentioned, the proposed shopping center in the wetland is not the only issue affecting this community. In fact, there is an ongoing sanction process against a company that has been using the wetland area as an illegal dump.

In this regard, community leaders have criticized the minimal penalty imposed on the landfill, considering it disproportionately low compared to the profits generated by the company. The situation has been appealed, but the process has stalled due to the lack of integration of the environmental tribunal, prolonging uncertainty within the community.

Additionally, there are growing concerns about new threats to the wetland, such as filling projects and other initiatives that could result in the loss of a significant portion of this ecosystem. Residents warned that any intervention impacts not only the wetland itself but also surrounding neighborhoods, disrupting natural water flows and affecting areas both upstream and downstream.

They also reported ongoing interventions—both legal and illegal—that have altered the hydrological behavior of the area, harming biodiversity and reducing the soil’s absorption capacity, which exacerbates flooding issues. In this context, the community demands prioritization of concrete solutions and expeditious completion of pending works.

Among these is a rainwater lifting plant project that has been stalled for over three years, despite having allocated funding. This initiative aims to mitigate flooding in nearby residential areas but remains stalled due to administrative delays, leading to frustration among residents, who ask authorities to expedite its execution.

Community Raises Alarm Over Flooding, Sinkholes, and Environmental Damage

The El Ciudadano team spoke with Luisa Valenzuela, founder of the Wetland Defense Committee, and Betzabé Vidal, president of the Central Park Neighborhood Association.

Regarding the specific impacts that the real estate project would have on the Chimalfe wetland, Valenzuela stated that there are multiple issues it would entail, including loss of biodiversity and the diversion of groundwater, a situation that is already occurring in Central Park and has caused flooding after recent fill-ins have displaced aquifers toward that area.

As an example, she mentioned that her home is currently at risk due to an aquifer that shifted beneath the house, causing sewer issues. She added that if half of the wetland were filled, her home would practically disappear. Additionally, she indicated that her house in Central Park shows signs of tilting, with problems even affecting one of her doors due to this situation.

“The consequences are severe both for those of us living in the area and for the flora and fauna inhabiting the space,” she emphasized.

Similarly, Vidal stated that construction on the wetland would lead to sinking of their homes and exacerbate flooding problems, as filling the wetland further diminishes the “sponge” effect that absorbs rainfall. Therefore, for Vidal, the project would severely harm the quality of life for residents of Central Park.

Regarding the authorities’ actions, Valenzuela explained that the conflict has persisted for several years, pointing out that the illegal dump has operated in plain sight of the authorities. After knocking on numerous doors seeking solutions, they managed to convene a meeting with all relevant authorities, achieving a long-overdue inspection that covered around 16 sanitary procedures but in an extremely slow process. Additionally, she noted that the dumping ground continues to operate.

On the other hand, Vidal reported that the rainwater lifting plant project, which would partially mitigate flooding in Central Park, has been in processing for at least three years, without any concrete responses from the authorities.

Finally, Valenzuela concluded that through legal actions, they seek to clarify responsibilities regarding decisions made by the authorities, aiming for neither the residents nor the wetland to bear the consequences of potential administrative errors. In this regard, they hope that both the issues raised—including the presentation to the Comptroller’s Office—and the ongoing legal process continue so that, if necessary, the institutions are held accountable for their own mistakes without affecting the community’s quality of life or the ecosystem.

La entrada Controversy Erupts in Hualpén Over Shopping Center in Chimalfe Wetland se publicó primero en El Ciudadano.