Wetland Dispute Ignited: Llantén Conflict Resurfaces Amid José Kast’s Controversial Remarks

Residents reported that interventions were made to drain the wetland through excavations that redirected water flow toward the school. Since the school was situated at a lower elevation, water drained naturally toward it, also affecting homes built on the wetland itself, leading to flooding that entered the houses.

The Legal Battle Between Residents and Real Estate Developers

To better understand the conflict, it’s important to clarify that the Llantén wetland is located in the Jardín Austral area of Puerto Montt, a region marked by urban growth, which has exerted pressure on the ecosystem for years.

This marsh-type ecosystem, despite the damage caused by real estate projects and infrastructure works, still retains native vegetation and a significant presence of vertebrate fauna compared to other urban wetlands in the municipality.

The Puerto Montt community spent years submitting letters and complaints about the damage affecting the wetland due to irregular interventions carried out by real estate companies and individuals, amid a lack of response from state agencies and regional authorities.

From 2015, mobilizations organized by the Jardín Oriente III neighborhood council and the Gayi Group led to repeated complaints to various public institutions—including the Comptroller’s Office, the General Water Directorate, the Directorate of Hydraulic Works, the Municipality of Puerto Montt, SERVIU , and the SAG—with the goal of pushing for protective measures for the wetland, but without obtaining effective responses.

In this context, during the second half of 2017, residents affected by flooding, along with the Jardín Oriente Neighborhood Council, filed a protective remedy in court against the real estate companies GPR and Socovesa, as well as SERVIU, accusing them of interventions on the wetland to facilitate housing projects.

The legal action alleged that GPR Real Estate excavated an extensive drainage ditch to dry part of the wetland and prepare land for real estate developments. According to the petitioners, this intervention diverted water toward the Da Vinci School and nearby residential areas, causing recurrent flooding during rainfalls.

In Socovesa’s case, residents accused the company of maintaining stormwater retention ponds that collapsed due to alterations in the wetland, worsening flooding in homes and at the educational facility.

Regarding SERVIU and other public bodies, the complainants pointed to a lack of coordination and oversight, accusing them of permitting construction and interventions in an ecosystem that performed key functions for natural rainwater drainage in Puerto Montt.

Although the Court of Appeals initially rejected the remedy, the Supreme Court accepted it in 2018, establishing that the wetland must be protected for its environmental value, even without official recognition as a protected site. Furthermore, the ruling questioned the actions of the authorities and asserted that ecosystem protection should take precedence over real estate and economic interests.

This case became one of the most significant judicial precedents for the protection of urban wetlands in Chile, as the Supreme Court recognized the ecosystemic value of the Llantén wetland despite its lack of international protection under the Ramsar Convention.

The Judicial and Environmental Cost of Intervening in the Wetland

Later, in September 2022, the General Water Directorate (DGA) of Los Lagos fined GPR Real Estate 500 UTM for interfering with the wetland by constructing a drainage ditch approximately 350 meters long that drained the ecosystem toward the vicinity of the Da Vinci School.

The agency determined that the work was carried out without authorization and severely affected the wetland’s capacity to store water, endangering the population and reducing the availability of this vital resource.

In addition to the financial penalty, the real estate company had to close the ditch and present a project to modify the watercourse to restore the area. The case also reached the Supreme Court, which ordered protective measures for the wetland while the environmental impacts were assessed.

Later, the Regional Ministry of the Environment requested new hydraulic studies due to the progressive deterioration of the water body and the risk of flooding in nearby populated areas.

Years later, in September 2024, the Appeals Court of Puerto Montt imposed a fine of $330,000 on GPR Real Estate for failing to comply with the protective measures ordered by the court for the Llantén wetland.

The case has become one of the most visible examples of how real estate interventions on urban wetlands can lead to judicial conflicts, environmental sanctions, and direct risks for communities residing in these territories.

Biodiversity, Flooding, and Real Estate Pressure

As previously mentioned, the Llantén wetland is situated in an area of significant interest for urban growth in Puerto Montt. Although it has been impacted by real estate expansion and various urban works, the wetland still hosts native vegetation and significant biodiversity within the city.

The ecosystem supports a notable biological diversity, including birds, amphibians, and various species typical of the wetlands in southern Chile. Its importance lies not only in its ecological value but also as a key ecosystem in the natural regulation of rainwater and flood mitigation, acting as a natural sponge during intense climatic events.

For these reasons, residents and environmental organizations have warned for years that interventions on the wetland not only threaten local biodiversity but also increase risks for those living in adjacent communities.

In this context, several technical reports and studies commissioned by the Municipality of Puerto Montt concluded that Llantén is indeed a natural wetland, dismissing claims by real estate developers attributing water accumulation to artificial or anthropogenic causes.

For environmental organizations and local communities, the Llantén wetland case has become a symbol of how real estate advancement over urban ecosystems can lead to environmental damage, flooding, and extensive judicial conflicts.

All of this has come against the backdrop of recent statements from José Kast’s government questioning the protection of wetlands, reigniting concerns about the future of these ecosystems and the role the state will play in their safeguarding.

El Ciudadano.

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