CONAMA RESOLUTION 429, FEB. 28, 2011
Published in Official Gazette 43 on March 2, 2011, page 76.
Establishes provisions for the methodology used for the recuperation of Permanent Preservation Areas (APPs) .
THE NATIONAL ENVIRONMENT COUNCIL – CONAMA, in accordance with the power bestowed upon the Council by item VII, art. 8 of Law 6.938 from August 31, 1981 and considering the provisions set by Law 4.771 from September 15, 1965; its Internal Regulations; and art. 17 of CONAMA Resolution 369 from March 28, 2006, decides:
Art. 1 The recuperation of Permanent Preservation Areas, considered to be in the social interest, according to the provisions of line “a”, item V of § 2 of art. 1 of the Forestry Code, must follow the methodology provisioned by this Resolution.
Single paragraph. The voluntary recuperation of a Permanent Preservation Area containing native species of the ecosystem where it is located, follows the recuperation methodology established by this Resolution and other applicable standards and does not require the approval of an environmental organ.
Art. 2 The following definitions are adopted for the purpose of this Resolution:
I – exotic species: any species that exists outside of its natural geographic distribution area;
II – invading exotic species: exotic species whose introduction to or spreading throughout the area poses a threat to the ecosystem, the habitat or other species and has negative environmental, economic social or cultural consequences;
III – native species: species that is naturally represented within the limits of the geographic distribution of the area and is a part of the ecosystems through interaction and demographic control;
IV – agro-forestry systems (SAFs): are systems for the use and occupation of the soil and within which perennial ligneous plants are managed in association with herbaceous plants, bushes, trees, agriculture and forage all coexisting within the same management unit, in a certain space and temporal manner, with a diversity of native species and interaction between these components.
Methodologies for the recuperation of Permanent Preservation Areas
Art. 3 The recuperation of Permanent Preservation Areas can be achieved through the following methods:
I – induction of the natural regeneration of native species;
II –planting of native species; and
III – joint planting of native species and induction of the natural regeneration of native species.
Art. 4 The recuperation of Permanent Preservation Areas through induction of the natural regeneration of natural species must observe the following requirements and procedures:
I – protection, when needed, of native species through their isolation or fencing of the area in recuperation and, in special cases and professionally justified;
II – adoption of measures to control and eradicate invading vegetable exotic species in order not to compromise the area in recuperation
III – adoption of measures for the prevention, control and combat of fires;
IV – adoption of measures to control erosion, when necessary;
V – prevention and control of access by domestic or exotic animals;
VI – adoption of measures for the conservation and attraction of native animals that disperse seeds.
Single paragraph. Induction methods used for the natural regeneration of native species must also consider the increase in the number of new plants through the introduction of sprouts.
Art. 5 The recuperation of Permanent Preservation Areas through the planting of native species or through the joint measure of planting of native species and the induction of the natural regeneration of native species must follow, as a minimum requirement, the following procedures and requirements:
I – individual maintenance of the native established species, planted or germinated, as long as necessary and a minimum of two years, through crowning, weeding, control of ants and fertilizers, among other;
II – adoption of measures for fire prevention and control;
III – adoption of measures to control and eradicate ruderal vegetable species and invading exotic species in order not to compromise the recuperating area;
IV – protection, when needed, of native species through their isolation or fencing of the area in recuperation and, in special cases and professionally justified;
V – soil preparation and erosion control, when needed;
VI – prevention and control of access by domestic animals;
VII – adoption of measures for the conservation and attraction of native animals that disperse seeds; and
VIII – planting of native species as foreseen in §§ 1 and 2 of this article.
§ 1 In the cases related to the planting of native species, even if as a joint measure with natural regeneration, the number of species and individual plants per hectare, planted or germinated, must attempt to be compatible with the local phyto-physiognomy and thereby accelerate the vegetation cover of the recuperated area.
§ 2 The natural regeneration of native species through induction must also consider the increase of new plants through sprouts.
§ 3 In exceptional cases , the planting of native species according to the provisions established by § 1, new herbaceous species or exotic green fertilizing bushes can be cultivated between the lines, or even agricultural exotic or native species, during a period of up to five years of the start of the recuperation process as a strategy for the maintenance of the area under recuperation, individuals interested in this method must inform the competent environmental organ, which will monitor the process, regarding the start and the location of the activity .
§ 4 In cases where prevails the lack of soil fertile horizons, the introduction of exotic species as pioneers and inductors of the restoration of the ecosystem may be allowed, as an exception and only if approved by the competent environmental organ. This method must be limited to one cycle of the used species and only efficient and approved species will be allowed to precede the natural regeneration of the area.
§ 5 Intercropped planting of native perennial native plants that produce fruits, seeds, chestnuts and other vegetable products can be permitted as a practice to support recuperation and can be harvested in a sustainable manner , with the exception of lumber.
§ 6 The competent environmental organ can, exceptionally and through the presentation of a professional project, authorize the usage of the bank of seeds and seedlings for exclusive use in native vegetation areas authorized for suppression, in cases related to public convenience or social interest and aimed at the use, of the same phytophysiognomy, within the same hydrographic basin and as a complementing method.
Art. 6 Sustainable agro-forestry management activities carried out at the small family rural property, as provided for in the Forestry Code, may be applied in the recovery of APPs, if they abide by the following specifications:
I – soil preparation and erosion control when necessary;
II – physiognomy re-composition and maintenance of the native vegetal physiognomy, maintaining the soil permanently fully covered ;
III – limited use of agro-chemical products, prioritizing the use of green fertilizers;
IV – abstain from the use and control of ruderal and exotic invading species;
V – restrict the use of areas for pasture of domestic animals, except in cases related to the provisions of art. 11 of CONAMA Resolution 369/06;
VI – partnering with agricultural species cultivated on an annual basis;
VII – partnering with perennial species, native or non-invasive exotic species, aimed at the production and harvesting of non-lumber products such as fibers, leaves, fruits or seeds;
VIII – maintenance of established shifts, planted and/or germinated, through pruning/crowning, the control of perturbation factors such as competing species, insects, fire or other and the encircling or isolation of the area, when necessary.
Art. 7 The recuperation of a Permanent Preservation Area cannot compromise the structure and the environmental performance of these spaces, in particular:
I – stability of hillsides and the margins of water bodies;
II – maintenance of flora and fauna corridors;
III – maintenance of drainage and intermittent water courses;
IV – maintenance of the biota;
V – maintenance of native vegetation;
VI – maintenance of water quality;
Art. 8 The recuperation of Permanent Preservation Areas, according to the provisions of this Resolution and specifications for the recuperation of legal reserves, is eligible for economic incentives foreseen by national legislation and international agreements related to the protection, conservation and sustainable use of forest biodiversity and forests or for the mitigation and adaptation to climatic changes.
Art. 9 This Resolution shall enter into effect on the date of its publication.
FRANCISCO GAETANI – Acting Council President
This text does not substitute the text published in the Official Gazette on March 2, 2011.