CONAMA Resolution 341/03

CONAMA RESOLUTION 341, of September 25, 2003
Published in Official Gazette 213, on November 3, 2003, Section 1, page 62
· Changes CONAMA Resolution 303/02 (adds new Considerations)
Establishes criteria for the characterization of sustainable tourism activities or enterprises of social interest such as the occupation of Coastal Zone dunes without vegetation.

THE NATIONAL ENVIRONMENT COUNCIL – CONAMA, in accordance with the power bestowed upon the Council by articles 6 and 8 of 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 , 9.433 from January 8, 1997 , and its Internal Regulations, annex to Administrative Order 499 from December 18, 2002, and

Considering the provisions of art. 1, § 2 , Item V, of Provisional Measure 2.166-67/2001, which defines social interest;

Considering the provisions of Law 7.661, May 16, 1988 that establishes the National Coast Management Plan (PNGC) and provides other provisions and in particular art. 3 which states that the PNGC must present zoning plans for Coastal Zone usage and activities and prioritize the conservation and protection of dunes and other natural patrimony;

Considering that dunes play an important role in the formation and renewal of aquifers;

Considering the fundamental importance of dunes for the dynamics of the coastal zone and for the control of erosion processes;

Considering the need to control, with rigor, the use and occupation of dunes lacking original vegetation along the Coastal Zone, decides:

Art. 1 To add the following considerations to CONAMA Resolution 303 from March 20, 2002, published in the Official Gazette on May 13, 2002, Section 1, page 42:

“Considering the need to regulate articles 2 and 3 of Law 4.771, issued on September 15, 1965, regarding Permanent Preservation Areas;

Considering that it is the duty of the Public Power and individuals to preserve biodiversity, notably the flora, fauna, water resources, natural beauty and the ecological balance, combat the pollution of waters, soil and air, which are considered intrinsic principles of the acknowledgement and exercising of the right to private property according to the provisions of articles 5, heading (right to life) and item XXIII (social function of property), 170, VI, 186, II and 225, all part of the Federal Constitution, as well as art.1.299, Civil Code, which stipulates that proprietors or possessors must respect administrative regulations;

Considering the fundamental function of dunes in coastal zone dynamics in particular for the control of erosion processes and in the formation and renewal of aquifers;

Considering the exceptional scenic and landscape beauty of dunes and the importance of their preservation for sustainable tourism. “

Art. 2 Sustainable tourism activities and enterprise related to the use of dunes lacking original vegetation may be declared of social interest through specific administrative procedures approved by the State Environmental Council conditioned to the directives, conditions and procedures established by this Resolution.

§ 1 In order to be declared of social interest the sustainable activities or enterprises must abide to the following requirements:

I – possess regular water supply and the collection and/or treatment and/or adequate release of wastes;
II – be compatible with the Municipality’s Master Plan, according to current legislation;
III – not pose any threat to the essential natural attributes of the area, notably the landscape, water and geologic balance and biodiversity;
IV – provide the local population with socioeconomic benefits and not cause any negative effects to the same;
V – obtain previous authorization from the Union or Municipality, when applicable;
VI – safeguard free access to beaches and water bodies;
VII – consider the opinions of the potentially effected human populations through a Public hearing; and
VIII – provide, preferentially, accesses (pavements, sidewalks) built with materials that do not hinder the infiltration of rain waters.

§ 2 Vegetation free dunes can only be used for sustainable tourism or enterprise activities on twenty percent of their extension, and their occupation is limited to ten percent of the dune filed, either covered of free of vegetation cover;

§ 3 The social interest statement is issued on an individual basis for each sustainable activity or enterprise, the National Environment Council must be informed within ten days after the final considerations by the State Environmental Council, as stated in the heading of this article.

Art. 3 Dunes that have been declared of social interest for sustainable tourism activities or enterprises must be previously defined and individualized, by the competent environmental organ and approved by the State Environmental Council.

§ 1 The identification and delimitation, by the competent environmental organ, of dunes that may be used for sustainable tourism activities and enterprises and declared of social interest must be based on professional and scientific studies that prove that the use of the areas will not compromise:

I – the hydrostatic recharge and pressure of the dune aquifer in the proximity of estuaries, lakes, lagoons, tide channels and on beaches;
II – the water quantity and quality available for multiple purposes in the region, notably human and animal consumption, and the demand for water must be considered in relation to seasonal population dynamics;
III – the sand banks that act as expansion areas of the mangrove and beach ecosystems;
IV – the locations used as resting and feeding places for migratory birds and as refuges for the estuary fauna; and
V – the function of dunes for coastal stabilization and scenic beauty.

§ 2 The identification and delimitation mentioned in the heading of this article must be considered by the State Environmental Council, based on the National Plan for Coastal Management, when available, and in accordance with the National Plan for Coastal Management in the provisions set by of Law 7.661, May 16, 1988.

Art. 4 The occurrence of significant environmental impact related to the construction, installation and operation of sustainable tourism activities or enterprises declared of social interest, of any nature or quantity, located on dunes lacking original vegetation, along the Coastal Zone, must be assessed by the competent environmental organ and requires, at all times, the publication of an Environmental Impact Study (EIA) and an
Environmental Impact Report (RIMA).

Single paragraph. The Environmental Impact Study and the Environmental Impact Report must consider, for each landscape and among other aspects, the direct and indirect cumulative impact of the joint enterprises and activities on one and the same area.

Art. 5 This Resolution shall enter into effect on the date of its publication.

MARINA SILVA – Council President

This text does not substitute the text published in the Official Gazette on Nov. 3, 2002.