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Environmental Legislation

DECREE 42356 OF 16 MARCH 2010

HAVE ON TREATMENT AND DEMARCATION OF BANDS OF PROTECTION IN MARGINAL ENVIRONMENTAL LICENSING PROCEDURES AND PERMITS ENVIRONMENTAL EMISSIONS IN RIO DE JANEIRO STATE AND GIVES OTHER PROVISIONS

THE GOVERNOR OF THE STATE OF RIO DE JANEIRO, in exercise of its constitutional and legal duties, in view of the given in Case No. E-14/13117/2009, WHEREAS:

– The request of the State Environmental Institute – INEA in order to assign normative understanding to set in RD Opinion No. 04/2007, with visa restrictions affixed by the senior management of the State Attorney General; and existing peculiarities in the water system of the State of Rio de Janeiro.

DECREES:

Art. 1 – In the environmental licensing process and issuing environmental permits the organs of direct and indirect state government will observe the provisions of this Decree regarding the incidents limitations on the banks of water bodies.

Art. 2 – For the purposes of this Decree the Permanent Preservation Areas (PPAs) provided for in art. 2, “a”, the Forest Code (Federal Law No. 4.771 / 65 and its amendments), are recognized as existing in urban areas, understood those areas defined by the sole paragraph of art. 2 of the Forest Code, whether or not anthropic, competing to the Secretary of State for the Environment and the State Environmental demand respect the minimum limits specified in each case in the form of this Decree.

Art. 3 – For the purposes of this Decree the Permanent Preservation Areas (PPAs) provided for in art. 2, “a”, the Forest Code and the marginal strips of protection (FMPs) referred to the Constitution and state law will be treated in a unified way, being demarcated by the State Environmental Institute, along rivers, springs, courses d’natural or rectified water, lakes, ponds and reservoirs from the edge of the area hit by full recurrence of not less than three years.

Art. 4 – The minimum limits set by abstractly art. 2, “a”, the Forest Code (Federal Law No. 4.771 / 65 and its amendments) may be reduced, in each case, solely for the purposes of art. 1 of this Decree, since the area to be located in an urban area of ​​the municipality and the local survey, attested by at least 03 (three) servers State Environmental Institute, proves it is:

I – the area is anthropic;

II – the long and consolidated urban occupation, with the existence of at least four of the following urban infrastructure equipment:

a) road network with channeling rainwater;

b) water supply network;

c) sewage system;

d) distribution of electricity and public lighting;

e) collection of municipal solid waste;

f) treatment of municipal solid waste; and

g) population density of more than five thousand inhabitants per square kilometer.

III – the lack of ecological function of FMP / APP in question, since it identified the lack of primary vegetation or secondary vegetation in advanced stage of regeneration and the presence of at least one of the following:

a) consolidated load the banks of the watercourse upstream and downstream of the passage in question;

b) sealing the FMP / APP;

c) capping the watercourse, and, in the case of recent works should be submitted to the competent environmental agency its project approved by the local municipality or the cadastral survey of the work;

IV – the alternative recovery area as a whole is not feasible by clearly excessive costs to the community.

§ 1 – Except in cases of courses of small water or channeled with coated edge, the FMP / minimum APP, although present the requirements of this article, will be 15 meters, counted:

I – from a theoretical section, able to flow without extravasation maximum flow full ten (10) years of recurrence; or

II – from the margins to the distance between them exceed the width of the aforementioned theoretical section.

§ 2 – In the courses of small water, considered as those with peak flows associated with full ten (10) years of recurrence, not exceeding ten cubic meters per second, shall be marked on both sides, tracks non edificandi to allow access of the government to water body, counted as of the § 1 of this article items, at least:

I – five (05) meters wide in the case of equal flow to or greater than six cubic meters per second;

II – 01 (one) meter and a half wide in the case of lower flow rates to six cubic meters per second.

§ 3 – In watercourses channeled with coated edge, superior size to that defined in § 2 of this Article shall be marked on both sides, non edificandi tracks to allow access of the government to water body, with at least ten meters wide, numbered in accordance with items of § 1 of this article.

§ 4 – The provisions of the head shall not preclude the application of Federal Law No. 6,766 / 79, as is the case of urban allotments.

§ 5 – The Board of the State Environmental Institute may make additional requirement for the licensing or demarcation of this article.

Art. 5 – This Decree shall enter into force on the date of its publication, all provisions to the contrary.

Rio de Janeiro, March 16, 2010
Sergio CABRAL

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