CONAMA Resolution 302/02

CONAMA RESOLUTION 302, March, 20, 2002
Published in Official Gazette 90 on May 13, 2002, pages 67-68
· Complements CONAMA Resolution 303/02
Establishes the parameters, definitions and boundaries of Permanent Preservation Areas with artificial reservoirs and regulates the use of their grounds.

THE NATIONAL ENVIRONMENT COUNCIL – CONAMA, in accordance with the power bestowed upon the Council by Law 6.938, from August 31, 1981, regulated through Decree 99.274, from June 6, 1990, and considering the provisions of Laws 4.771, from September 15, 1965, and 9.433, from January 8, 1997, and its Internal Regulations, and

Considering that the socio-environmental function of property foreseen in articles 5, item XXIII, 170, item VI, 182, § 2, 186, item II and 225 of the Constitution, the principles of prevention, caution and pollution-compensation;

Considering the need to regulate art. 2 of Law 4.771, from 1965, in respect to Permanent Preservation Areas and the grounds of artificial reservoirs

Considering that Brazil is committed to responsibilities related to the Convention on Biodiversity held in 1992, the Ramsar Convention held in 1971 and the Washington Convention held in 1940 as well as the commitments assumed during the Rio de Janeiro Declaration in 1992;

Considering that Permanent Preservation Areas and other protected territorial areas, as tools for the preservation of the environment, are an integral part of sustainable development and an objective of current and future generations;

Considering the environmental importance of Permanent Preservation Areas for the preservation of water resources, landscapes, soil protection and the safeguarding of the wellbeing of human populations, decides:

Art. 1 It is the objective of the current Resolution to establish the parameters, definitions and boundaries of Permanent Preservation Areas with artificial reservoirs, the establishment of a mandatory environmental conservation plan and regulate the use of the respective grounds.

Art. 2 The following definitions are hereby adopted for the purpose of this Resolution:

I – Artificial Reservoir: Non-natural water accumulation for any purpose.
II – Permanent Preservation Area: The area surrounding the artificial reservoir and its islands created in order to preserve water resources, the landscape, the geological stability, biodiversity, the natural flow of fauna and flora, the protection of the soil and to safeguard the wellbeing of human populations;
III – Environmental Conservation Plan and Use of Artificial Reservoir Grounds: is a group of directives and proposals for conservation regulation, recuperation, usage and occupation of the grounds of artificial reservoirs, according to the parameters established by this Resolution and in other applicable standards;
IV – Maximum Normal Level: is the maximum quota for the operation of the reservoir;
V – Consolidated Urban Area: is an area that complies with the following demands:
a) legal definition by public organs;
b) existence of a minimum of four of the following urban infra-structures:
1. road network including the canalization of rain water;
2. water-supply system;
3. sewer system;
4. electric energy supply and public lighting;
5. collection of solid urban wastes;
6. treatment of solid urban wastes; and
c) demographic density over five thousand inhabitants by square kilometer.

Art 3 A Permanent Preservation Area is an area with a minimum width, in a horizontal projection, surrounding artificial reservoirs and measured according to the maximum normal level of:

I – thirty meters for artificial reservoirs located within consolidated urban areas and one hundred meters for reservoirs located in urban areas;
II – a minimum of fifteen meters for artificial reservoirs that generate electric energy with up to 10 hectares, without prejudice to environmental compensation;
III – a minimum of fifteen meters for artificial reservoirs that are not used for public supply or to generate electric energy, with up to twenty hectares and located in rural areas;

§ 1 The boundaries of Permanent Preservation Areas foreseen in item I can be increased or reduced , while observing the minimum standard of thirty meters, according to environmental licenses and the plan for water resources in the area of the reservoir, if applicable

§ 2 The boundaries of Permanent Preservation Areas, foreseen in item II, can only be increased according to the provisions of environmental licenses and, if applicable, according to the water resource plan for the basin where the reservoir is located.

§ 3 The reduction of the boundary of the Permanent reservation Area, foreseen in § 1 of this article is not applicable to areas with a dense original ombrophylous forest – amazon region, including Cerrado and artificial reservoirs used for public supply purposes.

§ 4 The increase or reduction of the boundaries of Permanent Preservation Areas referred to by § 1, will be established according to the minimum following criteria:

I – environmental aspects of the hydrographic basin;
II –geology, geomorphology, hydrogeology and physiography of the hydrographic basin;
III – vegetal typology;
IV – ecological representation of the area in the biome present within the hydrographic basin, notably the existence of species threatened with extinction and the importance of the area as a biodiversity corridor;
V – purpose of water usage;
VI – usage and occupation of the soil within the grounds;
VII – environmental impact caused by the creation of the reservoir and on the grounds of the Permanent reservation Area with an area of up to one hundred meters.

§ 5 In cases related to reductions, human occupation of the soil, even if through allotment or subdivision in equal parts, or any other forms, the reduction cannot exceed ten percent of the total area, apart from existing
benefits of the consolidated urban area granted previously to the request for the environmental license.

§ 6 The provisions of this article do not apply to artificial water accumulations inferior to five hectares as long as they do not lead to the hindrance of damming of water courses that are not part of the Permanent
Protection Area, except those that are meant for public water supply

Art. 4 The entrepreneur that requests an environmental license, for artificial reservoirs aimed at the generation of energy and public supply, must present an environmental preservation plan for the use of the grounds of the artificial reservoir according to the reference terms issued by the respective environmental organ.

§ 1 It is the duty of the competent environmental organ to approve the environmental conservation plan and the use of the grounds of artificial reservoirs in relation to the water resource plan for the area, when existent, without prejudice to the procedures related to the granting of environmental licenses.

§ 2 The approval of the environmental preservation plan and of the use of the grounds of the artificial reservoirs must be preceded by a public consultation, the lack of which will lead to the annulment of the administrative act, according to the provisions of CONAMA Resolution 9 from December 3, 1987, when
applicable, and the Public Ministry must be informed within thirty days of the respective date.

§ 3 The assessment of the environmental preservation plan and use of the grounds must include the opinion of the respective hydrographic basin committee, when applicable.

§ 4 The usage and preservation plan can include specifications for the creation of tourism and leisure activities on the grounds of the artificial reservoir not exceeding an area of ten percent of the total area of the grounds.

§ 5 The occupation of the areas foreseen in the previous paragraph are conditioned to compliance with municipal, state and federal legislation and to the granting of a license by the respective environmental organ of competence.

Art. 5 Enterprises that are the subject of privatization processes up to the date of this publication are subjected to current environmental demands valid during the time of the privatization, including the minimum specification of one hundred meters for Permanent Preservation Areas.

Single paragraph. Enterprises that hold operation licenses are subjected to obligations included in the respective licenses.

Art. 6 This Resolution shall enter into effect on the date of its publication and applies to proceeding environmental licensing processes

JOSÉ CARLOS CARVALHO – Council President

This text does not substitute the text published in the Official Gazette on May 13, 2002.