CONAMA RESOLUTION 425, May 25, 2010
Published in Official Gazette 100 on May 27, 2010, page 53
Establishes criteria for the characterization of sustainable agropecuary activities and enterprises undertaken by family farmers, rural family enterprises and traditional populations and communities of social interest, aimed at the production, intervention and recuperation of Permanent Preservation Areas and other areas of limited use.
THE NATIONAL ENVIRONMENT COUNCIL – CONAMA, in accordance with the power bestowed upon the Council by articles 6, item II, and 6, items I and VII of Law 6.938 from August 31, 1981 and according to the provisions of art 1, § 2, item V, line “c” of Law 4.771 from September 15, 1965 and its Internal Regulations, Annex to Administrative Order 168 from June 13, 2005 and the contents of Process 02000.002213/2009-48, decides:
Art. 1 This Resolution defines exceptional cases of social interest which may lead to the granting by the competent environment organ of the regularization of the intervention or suppressions of the vegetation of a Permanent Preservation Area (APP) which occurred prior to July 24, 2006, related to consolidated agropecuary enterprises undertaken by family farmers and rural family entrepreneurs.
Art. 2 The following activities are considered of social interest, based on art. 1, § 2, item V, line “c” of Law 4.771 from September 15, 1965, the activities named in art. 1 of this Resolution which can be characterized by one or several of the following situations:
I – extensive traditional grazing activities in high-elevation fields covered with vegetation that does not lead to the additional suppression of native vegetation or to the introduction of exotic vegetable species;
II – the maintenance of cultivation of timber types or perennial fruits, not subjected to seasonal logging, through the use of management practices that safeguard the environment of the area, in all its extension including elevations with an inclination of over 45 degrees and hilltops;
III – sustainable agro-forestry management activities provided they do not change the vegetation cover and do not present any risk to the environmental integrity of the area; and
IV – seasonal ebb related agricultural activities, practiced traditionally by family farmers and in particular for the cultivation of temporary short cycle harvests on the strip of land that is exposed during the river or lake ebb period, as long as they do not imply the suppression and transformation of native vegetation areas through the use of agro-chemicals and cultivation practices that affect water quality.
Single paragraph. Activities, acknowledged as social interest activities, that meet the requirements of one of the above situations named in this Resolution can be regularized by competent environmental organs through specific administrative procedures foreseen in art. 4 of Law 4.771 from 1965.
Art. 3 A family farmer and rural family entrepreneur is, for all purposes of this Resolution and including the conditions for agrarian reform projects, an individual that undertakes rural environment practices and meets the specifications of art. 3 of Law 11.326 from July 24, 2006.
Art. 4 For purposes that are the subject of this Resolution the interested parties must present a formal request to the environmental organ including:
I – Basic data:
a) on the proprietor or possessor of the property;
b) on the property;
c) simplified location of the property;
d) request date;
e) current use of the permanent preservation area of limited use area; and
f) regularity of the legal reserve or request for registration.
II – information on the methodology used for the recuperation of degraded permanent preservation areas and areas that are not liable for consolidation, according to current legislation.
Art. 5 Authorized activities cannot compromise the environmental integrity of the areas, in relation to all cases that are the subject of this Resolution, and in particular:
I – the stability of hillsides and the margins of water bodies;
II – fauna corridors;
III – drainage and intermittent water courses;
IV – the upholding of the biota; and
V – water quality.
Art. 6 This Resolution shall enter into effect on the date of its publication.
IZABELLA TEIXEIRA – Council President
This text does not substitute the text published in the Official Gazette on May 27, 2010